From Classroom to Courtroom: Cross-Jurisdictional Legal Protections for Teachers in Student Disciplinary Cases

Legal protections for teachers in student disciplinary cases are increasingly urgent. This study investigates the legal protections afforded to teachers in managing student disciplinary cases in Indonesia and Malaysia, highlighting how legislative frameworks, sociocultural influences, and institutional mechanisms shape teachers' rights and responsibilities. Using a comparative legal approach, the research analyzes statutory provisions, policy directives, and educational practices in both jurisdictions. The comparison indicates that Malaysia offers a more institutionally structured framework by defining school-level disciplinary authority and separating authorized disciplinary measures from individual teacher discretion. This framework balances educator autonomy with student rights, although gaps remain in enforcement and legal support mechanisms. Conversely, Indonesia's strong child protection laws prioritize student welfare but often conflict with teachers' authority, creating legal uncertainty and discouraging strict disciplinary measures. Both nations face a shared challenge of ensuring that child protection frameworks do not compromise teachers' rights and responsibilities. The study recommends clearer legislative provisions, enhanced legal support systems, systematic training, and stronger collaboration between schools and legal institutions to foster a more equitable disciplinary system. The novelty of this research lies in its cross-jurisdictional comparative legal analysis, moving beyond previous studies that focus solely on child rights or teacher professionalism. By integrating legislative and institutional perspectives, it demonstrates how legal protections for teachers can be reinforced without diminishing guarantees of children's rights, contributing to a more balanced legal discourse in education.

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Publication Details

Journal
Hasanuddin Law Review
Published
2026-10-29
DOI
https://doi.org/10.65844/2442-9899.1268
Primary Topic
Legal Issues in Education
Type
article
Field-Weighted Citation Impact
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article

From Classroom to Courtroom: Cross-Jurisdictional Legal Protections for Teachers in Student Disciplinary Cases

Praditya Arcy Pratama, Nadea Lathifah Nugraheni, Sapto Budoyo, Mahyuddin bin Arsat
Hasanuddin Law Review
Legal Issues in Education
article

From Classroom to Courtroom: Cross-Jurisdictional Legal Protections for Teachers in Student Disciplinary Cases

Praditya Arcy Pratama, Nadea Lathifah Nugraheni, Sapto Budoyo, Mahyuddin bin Arsat
article en

Abstract

Legal protections for teachers in student disciplinary cases are increasingly urgent. This study investigates the legal protections afforded to teachers in managing student disciplinary cases in Indonesia and Malaysia, highlighting how legislative frameworks, sociocultural influences, and institutional mechanisms shape teachers' rights and responsibilities. Using a comparative legal approach, the research analyzes statutory provisions, policy directives, and educational practices in both jurisdictions. The comparison indicates that Malaysia offers a more institutionally structured framework by defining school-level disciplinary authority and separating authorized disciplinary measures from individual teacher discretion. This framework balances educator autonomy with student rights, although gaps remain in enforcement and legal support mechanisms. Conversely, Indonesia's strong child protection laws prioritize student welfare but often conflict with teachers' authority, creating legal uncertainty and discouraging strict disciplinary measures. Both nations face a shared challenge of ensuring that child protection frameworks do not compromise teachers' rights and responsibilities. The study recommends clearer legislative provisions, enhanced legal support systems, systematic training, and stronger collaboration between schools and legal institutions to foster a more equitable disciplinary system. The novelty of this research lies in its cross-jurisdictional comparative legal analysis, moving beyond previous studies that focus solely on child rights or teacher professionalism. By integrating legislative and institutional perspectives, it demonstrates how legal protections for teachers can be reinforced without diminishing guarantees of children's rights, contributing to a more balanced legal discourse in education.

Hasanuddin Law ReviewVol. 12(2)
Universitas PGRI Semarang (ID), University of Technology Malaysia (MY)
Peace, justice, and strong institutions, Quality education
Openalex Percentile: Top 3%
Legal Issues in Education
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