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All Journal Jurnal Cahaya Keadilan Dewantara: Jurnal Pendidikan Sosial Humaniora
Muhamad Habib
Universitas Duta Bangsa
Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

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Reconstruction of the Limits of Teacher Discretion in Disciplinary Actions: Harmonization of the Child Protection Law and the Teacher and Lecturer Law dahvit danang adi saputro adi saputro; Rezi Rezi; Muhamad Habib
Jurnal Cahaya Keadilan Vol 14 No 1 (2026): Jurnal Cahaya Keadilan Vol. 14 No. 01 April 2026
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/jck.v14i1.11592

Abstract

This study is motivated by the normative tension between teachers’ authority to impose disciplinary measures and legal provisions prohibiting violence against children, which creates legal uncertainty and increases the risk of criminalizing teachers in educational practice; the objective of this study is to formulate clear juridical boundaries for disciplinary actions so that they are not classified as criminal offenses and to develop a harmonization model between the Law on Teachers and Lecturers and the Child Protection Law; theoretically, this study contributes to the development of educational law, while practically it provides guidance for teachers, law enforcement officials, and policymakers; the method used is normative legal research with statutory and conceptual approaches, supported by qualitative analysis of legal materials; the findings indicate that lawful disciplinary actions must fulfill key parameters, namely educational purpose (animus educandi), proportionality, and respect for children’s dignity and rights, reinforced by the doctrine of in loco parentis as the basis for teachers acting as parental substitutes, while regulatory disharmony arises due to unclear operational limits; the study concludes that unclear limits of teachers’ discretion are the main source of legal uncertainty, thus requiring reconstruction through legal harmonization; therefore, it is recommended that legislation be revised to explicitly define these limits and that technical guidelines be established to ensure legal certainty and balanced protection for teachers and students.
Pertimbangan Hakim dalam Dispensasi Kawin Ditinjau dari UU Nomor 16 Tahun 2019 dan Perma Nomor 5 Tahun 2019 : Putusan 34/Pdt.P/2026/PA.SR Nita Andinia Tri Pramesti; Aryono Aryono; Muhamad Habib
Dewantara : Jurnal Pendidikan Sosial Humaniora Vol. 5 No. 3 (2026): September: Dewantara : Jurnal Pendidikan Sosial Humaniora
Publisher : Universitas 45 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30640/dewantara.v5i3.7621

Abstract

Child marriage remains one of the most persistent legal and social problems in Indonesia, despite the enactment of Law Number 16 of 2019 on Marriage, which raised the minimum marriage age to 19 years for both sexes, and Supreme Court Regulation (PERMA) Number 5 of 2019, which requires judges to prioritize the best interest of the child when examining marriage dispensation petitions. This study examines how a judge builds legal reasoning when granting such a petition, using Decision Number 34/Pdt.P/2026/PA.SR issued by the Sragen Religious Court as the object of analysis. A normative juridical method is applied, combined with statute, case, and conceptual approaches, and the data are analyzed descriptively and qualitatively by connecting the decision with the two legal instruments above, Gustav Radbruch's theory of legal certainty, and Philipus M. Hadjon's theory of legal protection. The findings show that the judge's assessment of the urgent reason requirement rests mainly on the fact of pregnancy, which is procedurally consistent with both instruments, while the assessment of the parties' readiness stops largely at administrative and procedural fulfillment. The decision has not yet placed the administrative legal protection of the unborn child, including birth registration and paternity recognition, as an explicit basis for granting the dispensation. The study recommends that judges elaborate more thoroughly on post-marriage risk mitigation and that the Supreme Court issue clearer technical guidance on the meaning of urgent reason to reduce disparity among judges.
Co-Authors aryono aryono dahvit danang adi saputro adi saputro Nita Andinia Tri Pramesti Rezi Rezi