DEKONSTRUKSI UNDANG-UNDANG PERLINDUNGAN HUKUM BAGI GURU VIS-A-VIS HUKUM PROGRESIF

Abstract

Abstract

 

This study is aimed at seeing some sides of  teacher’s  protection of law, legal traps and an alternative of Progressive Law. From the cases observed, many teachers haven’t known yet the rules concerning with the legal protection for teachers, including of that in the statute number 14 of 2005 about Teacher and Lecturer. Many legal cases happened to teachers, although they’re not serious cases because the purpose is to educate students.  Because parents reported to the law enforcer, the law enforcer was about to handle: to out teachers into jail. The implementation of Positive Law is likely ‘black-and-white’ or less of considering the aspects of humanity. As an effort to manage teachers’ legal cases, Progressive Law becomes an alternative to enforce the law based on, to borrow Prof. Satjipto Rahardjo’s terminology, the master of Sociology of Law and a pioneer of Progressive Law, senses of humanity and happiness together. Deconstructing the humanity-oriented legal thinking becomes the focus of the study so that teachers are not tied by legal traps that shadow them in the teaching-learning processes.

 

Key-words: deconstruction, teacher, protection, Progressive Law