lembaranbaru.my.id – Supriyani fought for eight months back and forth in the courtroom against accusations of hitting a police officer’s child. The honorary teacher from SD Negeri 4 Baito, Konawe Selatan, couldn’t hold back her tears of relief after the panel of judges at the Andoolo District Court delivered a not guilty verdict on Monday (25/11/2024).
Judge Vivi Fatmawaty Ali stated that based on the facts presented in court, Supriyani was not proven beyond a reasonable doubt to have committed the alleged criminal act as charged by the public prosecutor.
In their deliberation, the panel of judges found that the evidence presented by the prosecution did not align with the charges. They deemed the child witness testimony to be inconsistent with the evidence and trial facts. The testimony of the parent or complainant, on the other hand, was considered testimonial and therefore not reliable.
“Therefore, the panel of judges does not agree with the public prosecutor’s demand, considering that the defendant is acquitted, her rights must be restored,” said Vivi.
Previously, honorary teacher Supriyani was accused of hitting a class IA student with a palm broom, causing bruising on the student’s thigh. The incident, reported by the complainant, allegedly occurred on Wednesday (24/4/2024) at 10:00 AM. The student who was hit is the child of the Head of Intelligence Unit of Baito Police Sector, Second Inspector (Aipda) Hasyim Wibowo. Supriyani was reported to the Baito Police Sector, detained, and brought to trial.
In a previous trial, the public prosecutor insisted that Supriyani was guilty. However, the prosecutor requested that Supriyani be acquitted. The prosecutor also could not prove malicious intent on Supriyani’s part in the alleged assault. The prosecutor also noted that during the trial, Supriyani was respectful and had served as an honorary teacher since 2009. Supriyani is also a mother of two young children and has no prior criminal record.
Supriyani’s Legal Counsel, Andri Darmawan, suspected foul play by the police in Supriyani’s case. Currently, Andri is waiting for an ethical decision regarding the police officer allegedly involved in the case. He requested the restoration and rehabilitation of Supriyani’s reputation. Andri plans to seek compensation for the damages suffered by Supriyani during the case and intends to report back against Aipda Hasyim Wibowo.
“If there is any foul play here, including witness statements, we are still collecting evidence, but we will do so after this verdict is final and legally binding, as the prosecutor still has time to, for example, appeal or take other actions,” said Andri as reported by Antara, Monday (25/11/2024).
Throughout Supriyani’s case, there were allegations of misconduct by law enforcement authorities. Supriyani was allegedly asked for IDR 50 million for a settlement. Additionally, the honorary teacher was also asked for IDR 2 million to avoid police detention. She ended up giving IDR 1.5 million as that was all she could afford. Allegedly, requests for money also came from the South Konawe District Attorney’s Office, amounting to IDR 15 million with the promise of no detention.
Head of Advocacy at the Association of Education and Teachers (P2G), Iman Zanatul Haeri, viewed Supriyani’s experience as a form of criminalization of teachers. He criticized law enforcement officials for attempting to extort Supriyani by asking for money during the handling of the case. Iman saw this as a weakness in protecting the teaching profession when facing legal issues.
The criminalization of the teaching profession will directly impact the welfare of teachers. The wages of teachers involved in legal matters are likely to be disrupted due to the need to attend court hearings. Furthermore, teachers may be detained based on allegations against them.
“How can they not be devastated when teachers have to scramble to find money to pay the police? This cannot be justified,” said Iman to Tirto reporters, Tuesday (26/11/2024).
Iman explained that the teaching profession should be legally protected as mandated by Law Number 14 of 2005 concerning Teachers and Lecturers. Article 39 of the Law on Teachers and Lecturers states that the teaching profession must receive protection in carrying out their duties.
This protection includes legal protection, professional protection, safety, and occupational health protection.
The protection of the teaching profession is also regulated in Government Regulation Number 19/2017 on Amendments to Government Regulation Number 74/2008 concerning Teachers. And in the Minister of Education and Culture Regulation of the Republic of Indonesia Number 10 of 2017 concerning Protection for Educational Personnel and Education Personnel.
“I believe that from the laws down to the regulations below are comprehensive. The issue lies in the effectiveness of laws related to teacher protection, whether they are implemented effectively or not,” said Iman.
Iman believes that parents and teachers need to understand the rights of teachers when disciplining and taking firm action against students. He views the concept of punishment in education as outdated. There is no evidence that punishment will change a student’s character and habits. Therefore, there is a need for socialization on disciplinary actions that do not violate children’s rights.
Based on Article 39 paragraphs (1) and (2) of Government Regulation Number 74 of 2008 concerning Teachers, teachers have the freedom to impose sanctions on students as long as the violation meets certain criteria. Such as violations of religious norms, ethical norms, decency norms, written or unwritten rules set by the teacher, school-level regulations, and laws within the teacher’s jurisdiction during the learning process.
Regarding the sanctions imposed, they must adhere to the provisions of paragraph (2), which include verbal and/or written warnings. The punishment should be educational in nature according to educational principles, the teacher’s code of ethics, and legal regulations.
“So, it should be clarified that there is no need for violence,” said Iman.
The Need for a Teacher Protection Law
Chairman of the Association of Similar Professions and Skills (APKS) of the Central Board of the Indonesian Teachers’ Union (PGRI), Sumardiansyah, believes that the protection of teachers in the Teacher and Lecturer Law and its various implementing regulations is not sufficiently rigid in regulating the mechanism for protecting the teaching profession.
Perlindungan Hukum Bagi Guru
Tidak mengherankan, kata dia, banyak kriminalisasi terhadap guru, sebab masalahnya UU Guru dan Dosen serta turunannya sering kali tak berdaya saat berhadapan dengan UU Perlindungan Anak dan UU KUHP.
Menurut Sumardiansyah, diperlukan UU khusus untuk mengatur mekanisme perlindungan profesi guru atau RUU Perlindungan Guru. Hal ini bertujuan untuk memberikan perlindungan bagi seluruh pihak di satuan pendidikan tanpa mengabaikan UU Perlindungan Anak.
Komisi Perlindungan Guru
Pasal 41 Ayat (2) dan Pasal 42 Huruf c UU Guru dan Dosen menjelaskan bahwa salah satu fungsi dan kewenangan organisasi profesi adalah memberikan perlindungan profesi guru. Sumardiansyah menilai, Menteri Pendidikan Dasar dan Menengah (Mendikdasmen) perlu membentuk Komisi Perlindungan Guru yang berfungsi dan bertugas menegakkan hukum perlindungan guru. Pemerintah juga perlu memberikan dukungan hukum terhadap guru yang mengalami kasus kriminalisasi.
Meningkatkan Kualitas Guru
Sumardiansyah juga menekankan pentingnya pemerintah untuk meningkatkan kualitas guru melalui pelatihan dan sosialisasi hukum. Guru perlu memahami hak asasi manusia, hak anak, dan hak guru agar dapat mengajar sesuai dengan tuntutan zaman tanpa menggunakan sanksi yang kolot.
Koordinator Nasional Jaringan Pemantau Pendidikan Indonesia (JPPI), Ubaid Matraji, menilai bahwa guru rentan dikriminalisasi karena kurangnya perlindungan dari sekolah dan pemerintah. Imunitas guru harus dijaga agar mereka dapat menjalankan tugasnya dengan aman dan tidak melakukan tindakan kekerasan terhadap murid.
Komitmen Pemerintah
Menteri Pendidikan Dasar dan Menengah, Abdul Mu’ti, telah berkomitmen untuk melindungi guru dari segala bentuk intimidasi dan kekerasan. Dia juga berencana untuk menandatangani nota kesepahaman perjanjian kerja sama dengan Polri demi melindungi guru.
Selain itu, pemerintah juga tengah mempersiapkan program prioritas untuk meningkatkan kualitas guru, termasuk program pemenuhan kualifikasi guru. Kemendikdasmen berusaha meningkatkan kompetensi guru dalam berbagai aspek seperti akademik, pedagogik, moral, dan sosial.
Kesimpulan
Dengan adanya perlindungan hukum yang kuat dan peningkatan kualitas guru, diharapkan kasus kriminalisasi terhadap guru dapat diminimalisir. Guru sebagai garda terdepan dalam pendidikan harus mendapatkan perlindungan yang layak agar dapat menjalankan tugasnya dengan baik dan aman.
