Praditya Mer Hananto
Research Center for Public Policy under the National Research and Innovation Agency, Jakarta, Indonesia

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The Legal Instrument Gap in the Regulation of Study Tours and Educational Visits to Correctional Institutions as an Alternative Praditya Mer Hananto
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 3 (2026): September
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i3.12832

Abstract

The prohibition and restriction of school study tours in Indonesia following the 2024 Ciater bus crash have been imposed almost entirely through circular letters (surat edaran) issued by governors and education agencies. This article examines the legal defect of that instrument and proposes a reformulation grounded in empirical evidence. Using a socio-legal approach that combines statutory and conceptual analysis with a quantitative survey of 157 secondary school students across Bogor and the Greater Jakarta area, the study finds three problems. First, study tours intersect with at least five legal regimes: road transport safety, educational levies, child protection, the division of governmental affairs, and the right to education, yet are governed only by beleidsregel, or policy rule, which sit outside the hierarchy of legislation under Law No. 12 of 2011, carry no sanctions, and cannot be judicially reviewed. Second, successive and inconsistent circulars across regions have produced legal uncertainty and unequal treatment of students in comparable situations. Third, survey data show strong student support for low-cost, local educational visits, including visits to correctional institutions (mean 4.26 of 5; 87.3% agreement), with support driven more by legal knowledge and moral-religious belief than by fear of imprisonment. The article argues that the state should shift from prohibition by circular to standard-setting through a properly enacted regulation governing vehicle roadworthiness, cost ceilings, voluntariness, and educational substance.