Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

The Legal Instrument Gap in the Regulation of Study Tours and Educational Visits to Correctional Institutions as an Alternative

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



Article Info

Publish Date
07 Oct 2026

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.

Copyrights © 2026






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...