Liliana .
Fakultas Hukum, Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia

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Analisis Yuridis terhadap Kewenangan Gubernur Jawa Barat dalam Mengeluarkan Kebijakan Pendisiplinan Siswa di Luar Lingkungan Sekolah Liliana .
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 4 No. 1 (2026): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jkhkp.v4i1.2376

Abstract

The policy of student discipline outside the school environment issued by the Governor of West Java through Circular Letter Number 51/PA.03/DISDIK of 2025 has sparked debate regarding the limits of regional government authority in regulating student behavior outside the formal education environment. The problems of this research are: (1) what is the basis of the authority of the Governor of West Java in issuing student discipline policies outside the school environment according to positive law in Indonesia; and (2) whether the policy is in accordance with the principles of state administrative law. This research uses a normative legal research method with a statutory approach, a conceptual approach, and an analytical approach through a literature study of relevant laws and regulations, doctrines, and legal literature. The results of the study indicate that the authority of the Governor of West Java in the field of education and public order does not provide explicit attribution to limit student activities outside the school environment through a circular letter. Furthermore, while the policy has sociological legitimacy as a preventative measure for character development, it does not fully comply with the principles of state administrative law, particularly the principles of legality, legal certainty, proportionality, and the prohibition against abuse of authority. Therefore, strengthening the legal basis is necessary through regulatory instruments that possess normative legitimacy and still guarantee the protection of children's rights in accordance with the principles of the rule of law.