Jurnal Ilmu Hukum KYADIREN
Vol 7 No 2 (2026): Jurnal Ilmu Hukum Kyadiren

Has Increasing Penalties for Teachers Achieved the Goal of Protecting Children?

Katmini, Esmeralda (Unknown)
Hutabarat, Rugun Romaida (Unknown)



Article Info

Publish Date
12 Dec 2025

Abstract

Cases of child molestation involving teachers have increased, raising serious concerns regarding the effectiveness of Indonesia’s child protection system. As individuals who occupy positions of authority that may be misused, teachers’ criminal liability requires a focused analysis within the framework of Indonesian criminal law. This study examines the forms of criminal liability applicable to teachers who commit child molestation by analyzing the elements of the offense, the principle of culpability, and the scope of their legal responsibility. It also evaluates the implementation of enhanced penalties under Law No. 35 of 2014 and Law No. 17 of 2016, which classify power imbalances as an aggravating factor. Employing a normative juridical method with statutory, conceptual, and case-based approaches, the study finds that teachers possess full legal capacity and that enhanced penalties are consistently imposed, as power relations are deemed to intensify victimization. In conclusion, the normative foundation for imposing criminal liability and enhanced penalties on teachers who commit child molestation is strong, although greater consistency in application remains necessary.

Copyrights © 2026






Journal Info

Abbrev

kyadiren

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Hukum Kyadiren menerima manuskrip dengan topik-topik terkait masalah hukum di indonesia dan mancanegara secara umum. Artikel-artikel yang dikirim mencakup permasalahan seputar hukum perdata (Civil Law), hukum pidana(Criminal Law), hukum acara perdata (Civil Procedural Law), Hukum acara pidana ...