Criminal Law Reform in Education Based on Human Rights: A Comparative Perspective

Educational criminal law aims to protect human rights for both teachers and students. This research aims to analyze the reform of criminal law in education by comparing the laws of Indonesia, Finland, and Egypt. This research is a normative legal study with a comparative, conceptual, and legislative approach. The novelty of this research lies in the substance of criminal law regulations in the field of education in Indonesia, which are still general, such as sanctions for teachers who commit molestation against students. The novelty of this research is that in Finland, the critical role of SOOL as a teacher professional organization is being implemented in cases involving teachers and students, and in Egypt, where criminal sanctions related to the abuse of authority in establishing higher education institutions are emphasized. The reform of criminal law in the field of education in Indonesia can be directed towards protecting teachers and involving teacher professional organizations to ensure that teachers cannot be criminally prosecuted for imposing disciplinary sanctions, while also guaranteeing student protection. This research recommends the need for specific regulations on criminal sanctions in the field of education in a separate special or sectoral law as a lex specialis of the New Criminal Code.

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Publication Details

Journal
Journal of Law and Legal Reform
Published
2025-07-26
DOI
https://doi.org/10.15294/jllr.v6i3.23739
Primary Topic
Legal and Social Justice Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Criminal Law Reform in Education Based on Human Rights: A Comparative Perspective

Pudji Astuti, Thamasi Konara
Journal of Law and Legal Reform
Legal and Social Justice Studies
article

Criminal Law Reform in Education Based on Human Rights: A Comparative Perspective

Pudji Astuti, Thamasi Konara
article en

Abstract

Educational criminal law aims to protect human rights for both teachers and students. This research aims to analyze the reform of criminal law in education by comparing the laws of Indonesia, Finland, and Egypt. This research is a normative legal study with a comparative, conceptual, and legislative approach. The novelty of this research lies in the substance of criminal law regulations in the field of education in Indonesia, which are still general, such as sanctions for teachers who commit molestation against students. The novelty of this research is that in Finland, the critical role of SOOL as a teacher professional organization is being implemented in cases involving teachers and students, and in Egypt, where criminal sanctions related to the abuse of authority in establishing higher education institutions are emphasized. The reform of criminal law in the field of education in Indonesia can be directed towards protecting teachers and involving teacher professional organizations to ensure that teachers cannot be criminally prosecuted for imposing disciplinary sanctions, while also guaranteeing student protection. This research recommends the need for specific regulations on criminal sanctions in the field of education in a separate special or sectoral law as a lex specialis of the New Criminal Code.

Journal of Law and Legal ReformVol. 6(3)
State University of Semarang (ID), General Sir John Kotelawala Defence University (LK), Universitas Negeri Surabaya (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Legal and Social Justice Studies
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Criminal Law Reform in Education Based on Human Rights: A Comparative Perspective — Pudji Astuti, Thamasi Konara · Journal of Law and Legal Reform (2025) | TGRS Research Map | TGRS