Legal Protection of Teachers in Indonesia
Joice Soraya
Faculty of Law, University Kanjuruhan Malang, Jl. S. Supriadi No. 48 Malang, Indonesia
Keywords: Legal protection, character development, law enforcement, quality of education, professional development.
Abstract: Law on National Education System Number 20 of 2003 confirms that the function of national education is
to develop the ability and character development and civilization that are useful in the context of the
intellectual life of the nation, is aimed at developing students' potentials in order to become a man of faith
and fear of God, noble, healthy, knowledgeable, skilled, creative, independent, and become citizens of a
democratic and accountable. The integration helps to achieve rigorous interpretation and to ensure the
consistency of both strands. Thus, legal protection of teachers can be defined as the protection afforded by
law against teachers, from various threats of violence, threats, discriminatory treatment, intimidation and
unfair treatment. Basically the protection against the acts as specified above, is not limited to the capacity as
teachers, but also in their status as citizens, such protection is the obligation of the state against its citizens.
Violence or ill-treatment is a criminal sanction for anyone who does so. Article 351 Paragraph (1) of the
Criminal Code expressly states that, "Persecution is punishable by imprisonment of a maximum of two
years and eight months or a fine of four thousand five hundred rupiah.”.
1 INTRODUCTION
Education has a key role for the civilization of a
nation (Acker, 1992). At a time when a country is not
paying attention to education it does not build its
own source of power, its source of progress, its
welfare resources, and its ever-renewable source of
dignity, the quality of people and the quality of
society. by the level of intelligence and strength of
the character of his people (Wilson, 2009). The
strategic role of education is also expected by
UNESCO which states that education should make
individuals aware of their cultural roots in which
they live, and also teaches how to respect the culture
of others (UNESCO, 2006).
If it is believed that education holds the key to
the civilization of a nation, then it is worth
questioning what happens with education in
Indonesia that is shaken by the behavior of some
irresponsible citizens such as rampant corruption,
violent demonstrations, personal egoism and groups
show strong symptoms, murder that is only due to
the trivial matters, acts of violence that adorn the
electronic media or other media, more tragic
violence that occurs in school (Hurst and Reding,
2000). This phenomenon obscures the identity of a
friendly and peaceful Indonesian nation. What can
be said here is the result of past education (Kirkey,
2005).
The aims of the state as stated in the Opening of
the 1945 Constitution are among others the
intellectual life of the nation (Toh, Ho, Riley, and Hoh,
2006). Being in the Act National Education System
Number 20 in 2003 affirms that the function of
national education is to develop the ability and form
the character and civilization of the nation that is
useful in order to educate the nation's life, aims to
the development of potential learners to be a human
being who believes and cautious to God Almighty,
noble, healthy, knowledgeable, healthy,
knowledgeable, capable, creative, independent, and
become a democratic and responsible citizen (Cohen
and Spillane, 1992).
Legal protection is the right of everyone,
regardless of the occupation and profession it carries
(Cohen and Spillane, 1992). Legal protection is a
constitutional right of everyone. This is clearly
stated in Article 28D paragraph (1) of the 1945
Constitution which reads, "Everyone is entitled to
the recognition, guarantee, protection and legal
certainty of justice and equal treatment before the
law" (Misbahuddin, 2013).
According to Kansil Legal Protection is a variety
of legal remedies that law enforcement agencies
Soraya, J.
Legal Protection of Teachers in Indonesia.
In Proceedings of the Annual Conference on Social Sciences and Humanities (ANCOSH 2018) - Revitalization of Local Wisdom in Global and Competitive Era, pages 269-274
ISBN: 978-989-758-343-8
Copyright © 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
269

must provide to give a sense of security, both mind-
and-body from the interference and threats of any
party (Kansil, 1989).
From the aforementioned provision of Article 39
above, it is clear that the protection provided by the
Law on the teaching profession is such that if the
provisions are implemented, the teacher can perform
his professional duties comfortably and free from
various forms of threat and fear (Law Number 14
Year 2005 on Teachers and Lecturers).
Article 39 paragraph (3) of Law Number 14 Year
2005 on Teachers and Lecturers, as if putting the
position of teachers in an "exclusive" position. This
is not an exaggeration considering the protracted
handling of violence, threats, discrimination, and so
forth received/experienced teachers will impact on
the inhibition of teachers in performing their
professional duties as educators because teachers are
undergoing the process of seeking justice. This will
certainly "hurt" the learners and further the loss to
the state (Law Number 14 Year 2005 on Teachers
and Lecturers).
In achieving the national goal it needs
professional educators (Watt and Richardson, 2008).
No doubt for the sake of the advancement of a
nation is required of educators who are reliable (Ball
and Cohen, 1999). In any developed country
teachers need to work hard for a better future (World
Bank, 2010). So the protection of teachers is
absolute, so that in carrying out his profession the
teacher feels comfortable and safe to carry out the
duties of serving the country and nation (Gurney,
2007).
2 METHODOLOGY
This study conducted exploratory mixed methods
design (QUAL-Quan Model) where qualitative data
is more heavily weighted (Tuovinen, 2008).
According to Creswell, this method allowed us to
sequence data collection where firstly collecting
qualitative data (interview and observation) then
followed by quantitative data (survey). The
integration helps to achieve rigorous interpretation
and to ensure the consistency of both strands
(Creswell, 2012).
In addition, triangulation is used to collect data
through interview, observation, and survey in order
to get quality data to enhance the accuracy or
credibility and to ensure validity of study (Nielsen,
1996). The presentation of findings in this research
combined three main sources from questionnaires,
interviews, and observations in classroom and field
notes (UNDP, 2011). As Creswell (2012) defined
triangulation as a process of corroborating evidence
from different type of data. Triangulation may
involve comparing data on the same behavior from
researchers who possibly adopted different roles,
times, sub-settings or subjects, and methods
(Baharin, 2000). The combination helped to
formulate conclusive evidence to support findings in
this study (Bjork, 2003).
The population of this study involves civil
servant teachers from public state high schools in
Indonesia. The population is determined using
Random Cluster Sampling (single cluster) by
considering the large number of population, the
geography, and the efficiency of cost and time
(Lewis, Perry, and Hurd, 2004).
In collecting quantitative data, researcher
administers survey or questionnaire to answer the
hypotheses about the statistical significant of
demography factors with professional characters
(Lieberman and Pointer Mace, 2008). The data were
analyzed using t-test and Anova. For qualitative
data, 12 teachers were chosen by using purposive
random sampling because they have broad
knowledge and more experiences (Wils and
O’Connor, 2004). Open ended questions in a semi
structured interviews were proposed in describing
professionalism practices, learning activities in
professional development, the supports, and the
constraints toward professional teachers (Mundry,
2005). Classroom observation was also done to get a
description of pedagogical skills and field note to
gain teachers’ behavior-attitude (Johnson et al.,
2001)
3 RESULTS AND DISCUSSION
Protection in a simple sense can be interpreted as an
attempt to gain security, be kept away from threats,
doom and fear (Ajila and Abiola, 2004). Those, legal
protection of teachers can be defined as the
protection afforded by law against teachers, from
various threats of violence, threats, discriminatory
treatment, intimidation and unfair treatment (Krejcie
and Daryle, 1970).
Indonesia is a constitutional state, it is clearly
stated in the 1945 Constitution. One of the elements
of a constitutional state is the existence of a
guarantee of human rights and the existence of equal
status before the law (Tittle, 2006). This has been
formulated in detail in Articles 28A through 28J of
the 1945 Constitution (Constitution of 1945).
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Solutions to violence, threats, discriminatory
treatment, intimidation or unfair treatment received
or experienced by teachers basically refer to a
common solution, namely the extent to which law
enforcement in overcoming these problems
(Kementerian Pendidikan Nasional, 2010).
Good legal protection, resulting from good law
enforcement as well (Zaenal Aqib, 2007). The key to
understanding good law enforcement is the
understanding of the principles in it (National Staff
Development Council, 2009). Starting from the
principles of good law enforcement, can be obtained
benchmarks the performance of a law enforcement
(Johnson et al., 2001).
Good and bad law enforcement can be assessed
if its implementation has touched with all elements
of good law enforcement principles, referring to the
principles of democracy with its elements, such as
legitimacy, accountability, human rights protection,
freedom, transparency, power sharing and
community control (Schooling, Toth, and Marzano,
2010).
According to the National Education System Act
Number 20 years 2003, teachers are professional
educators with the main task of educating, teaching,
guiding, directing, training, assessing, and
evaluating, learners on early childhood education
formal education path, primary and secondary
education (Krejcie and Daryle, 1970).
Educators who teach in elementary and
secondary education units are called teachers and
educators who teach in higher education units are
called lecturers (Kalantzis, and Cope, 2003).
Professional is a job or activity undertaken by a
person and a living source of income that requires
expertise, skill, or skill that meets certain standards
of quality or norm and requires professional
education (Penuel et al., 2007).
So the profession is very noble teachers need to
get protection from the government, the community
and the entire nation of Indonesia (Perry and Lewis,
2009). However it turns out very noble profession
teachers in Indonesia have not received protection
from the government and society as expected by the
guru (Supriadi, 1998). The number events-teachers
who were persecuted and violent either by the
parents of learners or by irresponsible people, shows
the lack of protection of teachers in performing the
sacred duty for the betterment of the nation and the
country (Sudarminta, 2000). There should be
legislation such as law or government regulations
and so on as a legal umbrella for law enforcement
agencies to act like judges, prosecutors and police
apparatus to improve protection for teachers.
This happens because students report to their
parents of the event and the parents of students
emotionally direct school with the child after
meeting gang up his teacher until bloody (Schooling,
Toth, and Marzano, 2010).
Events of the persecution of teachers who are
carrying out the task of the state, educate the nation's
children and try to improve the nation's intelligence
to be less than the maximum due to the actions of
unscrupulous parents of learners (Ali, 2000).
Laws that protect teachers as professional
educators are not yet adequate, just as follows
(Krejcie and Daryle, 1970):
1) In UU SISDIKNAS article 7 (2). Affirming
Parents of the child are obliged to learn, are
obliged to provide basic education to their
children. So the act of mistreatment of the
teacher is clearly contrary to article 7 paragraph
2 that, should parents set an example of
examples to their children who are still in school
in SMK. In addition, the responsibility of
education concerning government, society and
parents so that people should take responsibility
for the attitude and behavior of their children.
Similarly, in article 6 (2), the sentence of every
citizen is responsible for the sustainability of
education. From the sentence it implied the
meaning of these acts will affect the
sustainability of the implementation of
education.
2) Law No. 14 of 2005, in article 35 states in:
Paragraph (1). Governments, local governments,
communities, professional organizations, and/or
educational units shall provide protection to
teachers in the performance of duties
Paragraph (2). The protection referred to in
paragraph 1 covers the protection of law,
profession and occupational safety and health
Paragraph (3). Legal protection as referred to
in paragraph 2 shall include legal protection
against acts of violence, threats, discriminatory
treatment, intimidation or unfair treatment of
learners, parents of learners, society, bureaucracy
or other parties
Paragraph (4). The professional protection
referred to in paragraph 2 includes protection
against termination of employment which is
inconsistent with legislation, improper
remuneration, in conveying views, harassment of
professions, and other restrictions / restrictions
that may prevent teachers from performing their
duties
Paragraph (5). Protection of occupational
safety and health as referred to in paragraph 2
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271

covers protection against the risks of
occupational safety, occupational accidents, fire
at work, natural disasters, work environment and
/ or other risks.
3) Government Regulation No. 74 of 2008
concerning teachers, has regulated the protection
of teachers in performing their duties. In Article
39 Paragraph (1) (Government Regulation no. 74
of 2008 on Master). Affirming that teachers have
the freedom to impose sanctions on their students
who violate religious norms, morality norms,
norms of decency, as well as written and
unwritten rules stipulated by teachers, teacher
councils and the wider community and education
units and laws and regulations in the learning
process under their authority. In paragraph (2) it
explains that sanctions may be reprimands and /
or warnings, both oral and written, as well as
punishments that are educational in accordance
with the rules of education, code of ethics, and
legislation.
4) Article 40 Paragraph (10). In that case, the
teacher is entitled to protection in performing the
tasks in the form of security and safety
assurance, from the government, regional
government, educational unit, professional
organization, and occupational safety.
5) Article 41 explains that teachers are entitled to
legal protection from acts of violence, threats,
discriminatory treatment, intimidation or unfair
treatment by learners, the public, bureaucracy or
other parties.
From the various provisions contained above, it
is clear that the formal juridical provisions
concerning the protection of the teaching profession,
it is necessary to be obeyed and implemented by all
parties concerned by both learners, parents and the
wider community, Police, Attorney and Justice.
Although the regulation already exists but the
implementation is still lacking and the law on
protection of teachers does not yet exist. So all
parties must understand, realize that what the
teachers do as above merely carry out the noble task
of creating the nation's intelligence goals such as the
demands of the Preamble of the 1945 Constitution
(Creswell, 2012).
All realize that to prepare a generation that is
smart, superior, competitive, and key character lies
in the teacher. Hopefully the teachers can perform
their duties independently and able to work
maximally in improving the quality of education in
Indonesia (Law Number 14 Year 2005 on Teachers
and Lecturers).
All parties in order not to necessarily bring cases
of alleged violations of criminal court teachers as
well as child violence against teachers, this incident
education is not a legal event (Kotler, Jatusripitak,
and Maesincee, 1997).
4 CONCLUSIONS
Lately rampant reported in various media about the
persecution or violence against teachers, teachers
whose duties are very noble in the effort to educate
the nation's life is persecuted by irresponsible
elements, it is necessary to improve efforts to protect
teachers by the authorities. Legal protection of the
teaching profession has not gone well as expected.
The presence of Law Number 14 Year 2005
regarding Teachers and Lecturers, Government
Regulation Number 74 Year 2008 on Teachers
wherein it regulates that teachers have legal
protection against acts of violence, threats,
discriminatory treatment, intimidation or unfair
treatment of the learners, old learners, society,
bureaucracy, or other parties. Weak law protection
against teachers is caused by weak law enforcement.
The presence of Legal Aid Institute (LBH) which
aims to provide legal assistance to teachers who are
caught in legal issues is expected to be a solution in
fighting for the rights of teachers. Protection of the
teacher profession has not been fully perceived by
the teacher. Law enforcement officers if they get
reports from unscrupulous people should be
selective on whether the actions of the teacher
towards the students in the effort educating /
disciplining learners or criminal cases. Indeed, the
protection of teachers rules already exist but is still
not detailed and its implementation is still lacking.
The government should immediately enact a law that
regulates the protection of teachers if it takes a long
time to issue government regulations that are not too
long-winded procedures because they are only made
by the government. Indeed there is protection
against teachers but not prostrate the Act, because if
the law will be more powerful law and will surely be
more in-depth contents because made by the House
and the President. So that the act of violence against
teachers will be more can be reduced. In addition,
teachers should also be more careful in choosing the
method of teaching and punish the learners, not to
result in self-harm. Because there are still many
types of suitable punishment and methods more
suitable for learners.
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