Legal Literacy - Phenomenon bullying in schools is still rampant. Perpetrators and victims who are children have the right to obtain legal protection.
What is Bullying?
Bullying is a popular term for intimidation. According to the Kamus Besar Bahasa Indonesia, bullying comes from the word rundung. This word means to tease, to disturb continuously, and to trouble the victim. It can be defined as an act of violence that is intentionally carried out with the aim of oppressing or hurting a victim who is weaker than the perpetrator.[1]
This phenomenon of violence that occurs in the school environment must be a concern for the government. This is because children are the future leaders of the nation.
One of the concerns that the government can provide is to provide legal protection for both perpetrators and victims that occur in the school environment. Then, what is the legal protection for perpetrators and victims of bullying? Here is the explanation.
Forms of Bullying in Schools
There are 5 categories of actions, including the following:[2] First, direct physical contact. For example, pushing, scratching, hitting, pinching, damaging other people's belongings, and extortion.
Second, direct verbal contact. For example, mocking, threatening, intimidating, humiliating, name calling, etc. Third, direct non-verbal behavior that is usually accompanied by verbal or physical bullying. For example, displaying facial expressions that mock, demean, or threaten.
Fourth, indirect non-verbal behavior. For example, ostracizing friends. Finally, sexual harassment, which can fall into the category of verbal behavior or physical aggression.
Factors Causing Bullying in Schools
There are 3 factors that cause bullying in the school environment, here is the explanation:[3]
- Family factors
Family parenting patterns are one of the factors that influence a child's behavior. The causes of bullying include family disharmony and a family's indifference towards children.
- Peer factor
Students spend a lot of time at school with their peers. These adolescent students are children who are looking for self-identity, so these children will have a desire to be recognized and try to become rulers.
- Mass media factor
One of the causes of bullying is playing online games, watching YouTube, and mass media that contain elements of violence.
Legal Protection for Victims of Bullying
Legal protection for victims of bullying has been regulated by the government and stipulated in its regulations. The first legal protection is stated in the 1945 Constitution of the Republic of Indonesia. The 1945 Constitution explains that every citizen has the right to feel safe and has the right to protection from all kinds of threats.
The second legal protection is contained in the Law on Child Protection, namely Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2022. Article 76 C explains that there is a prohibition on committing violence against children.
Furthermore, children have the right to receive protection from bullying in the form of persecution, torture, or inhumane punishment. These children's rights have been regulated in Article 16 paragraph (1) of the Child Protection Law.
Legal Protection for Perpetrators of Bullying
Bullying that is closely related to physical violence will be punished as stipulated in Article 80 of the Child Protection Law. In that article, the punishment received for perpetrators who violate Article 76 C of the Child Protection Law is a maximum imprisonment of 3 years and 6 months and/or a maximum fine of seventy-two million rupiah and the perpetrator is sentenced to a maximum imprisonment of 5 years and/or a maximum fine of one hundred million rupiah.
Because the perpetrator is a child, the process is carried out in accordance with Law Number 11 of 2012 concerning the Juvenile Justice System. Based on Article 80 paragraphs (1) and (2), it is explained that criminal sanctions with a prison threat of less than 7 years must be subject to diversion efforts.
Diversion efforts are legal efforts to achieve restorative justice, namely resolving criminal cases by involving perpetrators, victims, families, and related parties. The aim is to find a fair solution by emphasizing recovery to the original state and not retaliation.
If there is no agreement in the diversion process, the perpetrator who is a child can be tried by paying attention to the principles that have been written in the Juvenile Justice System Law.[4]
List of References
[1] Kusumasari Kartika Hima Darmayanti, Farida Kurniawati, and Dominikus David Biondi Situmorang, “Bullying Di Sekolah: Pengertian, Dampak, Pembagian Dan Cara Menanggulanginya,” Pedagogia 17, no. 1 (2019): 55–66.
[2] Rischa Pramudia Trisnani and Silvia Yula Wardani, “Perilaku Bullying Di Sekolah,” G-Couns: Journal of Guidance and Counseling 1, no. 1 (2016): 3, http://journal.upy.ac.id/index.php/bk/article/view/37/31.
[3] Risha Desiana Suhendar, “Factors Causing Bullying Behavior of Students at SMK Triguna Utama Ciputat South Tangerang” (B.S. thesis, Jakarta: Faculty of Da'wah and Communication Sciences, State Islamic University …, 2018), 95–96, https://repository.uinjkt.ac.id/dspace/handle/123456789/43876.
[4] Anita Anita, Hidayat Andyanto, and Meidy Triasavira, “Legal Protection for Victims and Perpetrators of Criminal Acts of Bullying in Schools,” Jurnal Jendela Hukum (Journal of the Window of Law) 8, no. 2 (2021): 95.
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