A Victimological Review of Children as Victims in Suspended Sentencing Decisions for Teachers Who Commit Violence in School Settings

Abstract

This research is motivated by the increasing cases of violence against children in the school environment, including violence committed by teachers who should serve as role models and protectors for students. In practice, several cases of violence committed by teachers have resulted in conditional sentences, raising questions regarding the extent to which such decisions provide protection and justice for children as victims. This study aims to analyze the victimological perspective on children as victims in conditional sentencing decisions against teachers who commit violence in schools and to examine the implementation of such decisions from a victimology perspective. This research employs a normative legal research method with statutory and case approaches. Data were collected through library research by examining primary, secondary, and tertiary legal materials, including relevant court decisions. The theoretical framework used in this study includes the theory of legal protection, social control theory, and the concepts of restorative protection and restorative justice. The results indicate that conditional sentences imposed on teachers who commit violence have not fully reflected optimal protection for children as victims from a victimological perspective. Although such decisions consider the aspect of rehabilitating the offender, protection and recovery for the victims still need to be strengthened through approaches that prioritize the best interests of the child. Therefore, the implementation of conditional sentencing should be accompanied by more comprehensive protection and recovery efforts for child victims.