Oleh: Herman Hofi Law dan Borneo Education care
XPOSE TV – Dunia pendidikan di kalbar sempat di hebohkan seorang guru dalam menjalankan tugasnya yang kemudian ditetapkan sebagai “tersangka”, namun di akhiri dengan perdamaian.
Namun, perdamaian tidak selalu berarti keadilan. Jika seorang guru dipaksa berdamai karena tekanan sosial atau demi menghindari proses hukum yang panjang, ini bisa menjadi preseden buruk dalam penegakan hukum dan dunia pendidikan kita. Oleh karena itu, persoalan ini harus menjadi pembelajaran bagi penyidik untuk mengetahui benar dan memastikan konstruksi hukum atas suatu peristiwa hukum guna menghindari terjadi nya mal praktek penegakan hukum atau menghindari kesewenang-wenangan dalam penegakan hukum.
Kasus guru yang ditetapkan sebagai tersangka namun berakhir dengan damai menjadi preseden buruk bagi dunia pendidikan dan penegakan hukum.
Penetapan seorang guru sebagai tersangka menimbulkan traomatik pada guru bukan hanya terjadi pada guru yang menjadi korban mal praktek hukum saja tapi bagi semua guru. Guru akan merasa takut untuk menegakkan disiplin dengan tegas padan siswa nya karena khawatir dilaporkan dan diproses hukum. Hal ini dapat melemahkan otoritas guru dalam mendidik siswa.
Kondisi demikian proses Pendidikan menjadi tidak optimal. Guru akan merasa dibayangi ancaman hukum ketika berhadapan dengan murid-muridnya. Akhirnya para guru akan menjadi pasif dalam mengajar dan mendidik. Akibatnya, siswa tidak mendapatkan bimbingan yang seharusnya untuk membentuk karakter dan kedisiplinan mereka.
Kesewenang-wenangan dalam penehakan hukum ini dapat menunjukkan celah dalam sistem hukum, di mana proses hukum bisa digunakan sebagai alat intimidasi terhadap guru, dan bahkan profesi lainnya.
Penyelesaian Damai yangbdilakukan dlm kontek kasus guru ditetapkan tersangka ini bukan karena keadilan, melainkan karena tekanan sosial dan ancaman hukum yang dilekatkan pada si guru. Jika guru memang tidak bersalah, guru seharusnya dibebaskan dari penetapan sebagai tetsangka tanpa perlu “berdamai” sebagai jalan keluar nya.
Jika kasus seperti ini terus terjadi dan berakhir dengan damai tanpa evaluasi terhadap penyidik nya dan yang jelas, bisa muncul guru-guru lain mengalami nasib serupa.
Penyidik seharus nya sudah mengetahui bahwa banyak petaturan perundang-undangan yang membetikan perlindungan hukum pada guru dalam menjalankan tugasnya, tanpa mengesampingkan hak siswa dan prinsip hukum yang adil. Masyarakat juga perlu memahami bahwa mendidik bukan sekadar mengajar, tetapi juga membentuk karakter, yang terkadang membutuhkan ketegasan.
Regulasi kita cukup banyak yang menegaskan bahwa guru dalam menjalankan tugasnya tidak dapat dipidana, terutama jika tindakan yang dilakukan bertujuan untuk mendidik dan tidak melanggar hukum secara nyata
UU. No. 14 Tahun 2005 tentang Guru dan Dosen pada Psl 39 (1) Guru dalam melaksanakan tugas keprofesionalannya mendapat perlindungan hukum dari tindakan kekerasan, ancaman, perlakuan diskriminatif, intimidasi, atau perlakuan tidak adil dari pihak mana pun.
Srlanjutnya pada Psl 39 (2): Pemerintah dan pemerintah daerah wajib memberikan perlindungan terhadap guru dalam melaksanakan tugasnya.
Dasar hukum yang digunakan untuk menegaokan guru sebagai tersangka adalahb UU No. 35 Thn 2014 tentang Perlindungan Anak (Perubahan atas UU No. 23 Tahun 2002) padab pasal 80 (1) menyebutkan bahwa kekerasan terhadap anak dapat dipidana.
Namun, sayangnya, UU ini sering disalah gunakan untuk menjerat guru dalam menjalankan profesinya sebagai guru melakukan pendidikan pada anak didik nya.
Disamping itu Permendikbud No. 10 Thn 2017 tentang Perlindungan Bagi Pendidik dan Tenaga Kependidikan pada Psl 2 menyebutkan bahwa pendidik dan tenaga kependidikan mendapatkan perlindungan hukum, profesi, keselamatan, serta hak asasi manusia dalam melaksanakan tugasnya. Selanjutnya pada Psl 5 menegaskan bahwa guru tidak dapat dituntut secara pidana atau perdata dalam menjalankan tugasnya sesuai kode etik dan peraturan perundang-undangan.
Selain itu SEMA No. 7 Thn 2012
menegaskan bahwa hakim dalam menangani perkara yang melibatkan guru harus mempertimbangkan aspek pendidikan dan perlindungan profesi guru.
Demikian juga pada UU No. 11 Thn 2008 tentang Informasi dan Transaksi Elektronik (ITE) yang kemudian di revisi Tahun 2016 juga menegaskan hal yang sama memberikan perlindungan pada guru dari tuduhan yang tidk berdasar itu.
Jadi sangat menyedihkan lagi dilakukan oleh oknum yang konon katanya penegak hukum menjadikan guru tsb sebagai tersangka, bukankah untuk menentukan seseorang sebagai tersangka melalui proses gelar perkara menghadirkan dirkrimum, wasidig, Propam, Pelapor dan terlapor dan menghadirkan ahli hukum pidana ? Kalau gelar perkara ini dilakukan secara benar tidak mungkin guru dalam menjalan tugas yang dilindungi UU justru ditersanhkakan.
Kapolda perlu melakukan evaluasi atas mal praktek penegakan hukum dengan menetapkan guru sebagai tersangka.
Sangat urgen utuk dilakukan revitalisasi dan rekonstruksi atas kinerja para penyidik. hal ini menjadi penting karena penyidik merupakan front terdepan dalam penegakan hukum. Diharapkan pada Kapolda untuk tidk segan-segannya melakukan mutasi demosi atas kinerja anggota yang di rasa kurang cerdas dalam melaksanakan tugas.
Kami Lembaga Bantuan Hukum “Herman Hofi Law” dan Borneo Education care akan mengawal dan memberikan perlindungan hukum pada Guru-guru yang dikriminalisasin dalam menjalankam tugas dan fungsi nya.
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