The Existence of the Right to Discipline (Tuchtrecht) Teachers in Applying Corporal Punishment

Abstract

The right to educate (tuchtrecht) teachers in giving corporal punishment (corporal punishment) to their students can be a justification for eliminating extrajudicial wrongdoing with certain reflections. The aim of the research is to analyze the existence of teachers (tuchrecht) and to analyze the form of regulations regarding the right to discipline teachers (tuchrecht) as a justification in the Indonesian criminal regulation framework. The research method utilizes a normative juridical approach. Research Determinations, this research is analytical descriptive. Data collection was carried out through library research (Library Research) on secondary data. The results of the research, that the existence of the teacher's right on the whole correct to train (tuchrecht) in imposing corporal punishment (corporal punishment) on students perceived as a teacher's right to discipline their students despite the fact that there is no boundary how much the teachers/educator can give disciplinary discipline to their students. The form of regulations regarding the right to discipline (tuchrecht) teachers as a justification in the Indonesian criminal regulation framework is given with the thought that, the behavior of teachers who are within the scope of good educational professionalism, is carried out fairly by taking into account the physical health and psychological conditions of students