Adakah Sanksi Bagi Orang Tua yang Membiarkan Anaknya Putus Sekolah?

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Apakah ada hukum atau sanksi yang menghukum anak putus sekolah baik itu SD, SMP, atau SMA? Misalnya seperti di Slovakia orang tua dipenjara karena tidak bisa meneruskan sekolah anaknya.

Putus Sekolah dan Dana BOS

Pada dasarnya, anak-anak di Indonesia tidak lagi ada alasan putus sekolah. Hal ini karena secara umum Bantuan Operasional Sekolah (“BOS”) Sekolah Menengah Atas (“SMA”) bertujuan untuk mewujudkan layanan pendidikan menengah khususnya jenjang SMA yang terjangkau dan bermutu bagi semua lapisan masyarakat dan secara khusus, bertujuan untuk mengurangi angka putus sekolah SMA.

Secara khusus program BOS Sekolah Dasar (“SD”) dan Sekolah Menengah Pertama (“SMP”) bertujuan untuk.

a. membebaskan pungutan bagi seluruh peserta didik SD/SD Luar Biasa negeri dan SMP/SMP Luar Biasa/SD-SMP Satap/SMPT negeri terhadap biaya operasi satuan pendidikan;

b. membebaskan pungutan seluruh peserta didik miskin dari seluruh pungutan dalam bentuk apapun, baik di satuan pendidikan negeri maupun swasta.

c. meringankan beban biaya operasi satuan pendidikan bagi peserta didik di satuan pendidikan swasta.

Ini artinya, putus sekolah karena miskin atau tidak mampu bukanlah alasan lagi. Penjelasan lebih lanjut soal program BOS dapat Anda simak dalam artikel

Peran Orang Tua Agar Anaknya Tak Putus Sekolah

Pada dasarnya, setiap anak berhak memperoleh pendidikan dan pengajaran dalam rangka pengembangan pribadinya dan tingkat kecerdasannya sesuai dengan minat dan bakat.

Di samping itu, Pasal 31 ayat (1) dan (2) Undang-Undang Dasar Negara Republik Indonesia 1945 (“UUD 1945”) menjamin:

(1) Setiap warga negara berhak mendapat pendidikan.

(2) Setiap warga negara wajib mengikuti pendidikan dasar dan pemerintah wajib membiayainya

Kemudian, Pasal 48 dan Pasal 49 UU 35/2014 juga mengatur:

Pasal 48

Pemerintah dan Pemerintah Daerah wajib menyelenggarakan pendidikan dasar minimal 9 (sembilan) tahun untuk semua Anak.

Pasal 49

Negara, Pemerintah, Pemerintah Daerah, Keluarga, dan Orang Tua wajib memberikan kesempatan yang seluas-luasnya kepada Anak untuk memperoleh pendidikan.

Orang tua pun mempunyai kewajiban dan tanggung jawab sebagai berikut.

a. mengasuh, memelihara, mendidik, dan melindungi anak;

b. menumbuhkembangkan anak sesuai dengan kemampuan, bakat, dan minatnya;

c. mencegah terjadinya perkawinan pada usia anak-anak; dan

d. memberikan pendidikan karakter dan penanaman nilai budi pekerti pada Anak.

Contoh Kasus

Meski tidak ada aturan eksplisit soal orang tua yang membiarkan anaknya putus sekolah, dalam praktiknya, contoh kasus orang tua yang tidak membiayai pendidikan anaknya sehingga anaknya putus sekolah dapat kita temukan dalam Putusan Pengadilan Militer I-02 Medan Nomor PUT/74-K/PM I-02/AD/V/2012.

Terdakwa sejak Juni 2010 tidak menafkahi istri dan anak-anaknya. Terdakwa menikah lagi dengan wanita lain padahal masih berstatus sebagai suami dari istrinya. Akibat dari perbuatan terdakwa, anaknya yang kedua berhenti sekolah sehingga anaknya terlantar dan istrinya terpaksa menjual barang-barang rumah tangganya

Akhirnya, hakim menyatakan terdakwa terbukti secara sah dan meyakinkan melakukan tindak pidana “Menelantarkan orang dalam lingkup rumah tangga. Hakim menjatuhkan pidana penjara selama dua bulan.” Sebagaimana dimaksud Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga (“UU PKDRT”).

Contoh lain dapat kita temukan juga dalam Putusan Pengadilan Negeri Soe No : 158/Pid.Sus/2014/PN.SOE. Berdasarkan fakta yang terungkap di pengadilan diketahui bahwa sejak Terdakwa keluar dari rumah meninggalkan istri dan anak-anaknya Terdakwa tidak pernah memberikan biaya untuk kebutuhan hidup istri dan anak-anaknya. Sehingga untuk memenuhi kebutuhan hidupnya, istri harus bekerja kebun dibantu oleh anak-anaknya dan anaknya yang kedua (13 tahun) sempat putus sekolah dengan bekerja sebagai pengojek.

Terdakwa lalu diadili berdasarkan Pasal 49 huruf a UU PKDRT. Terdakwa terbukti secara sah dan meyakinkan “Menelantarkan Orang Dalam Lingkup Rumah Tangga”. Hakim menjatuhkan pidana kepada Terdakwa tersebut di atas oleh karena itu dengan pidana penjara selama 7 (tujuh) bulan.

Dasar Hukum:

  1. Undang-Undang Dasar Negara Republik Indonesia 1945;
  2. Undang-Undang Nomor 23 Tahun 2004 tentang Penghapusan Kekerasan Dalam Rumah Tangga;
  3. Undang-Undang Nomor 35 tahun 2014 tentang Perubahan Atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak;
  4. Peraturan Menteri Pendidikan dan Kebudayaan Nomor 80 Tahun 2015 tentang Petunjuk Teknis Penggunaan dan Pertanggungjawaban Keuangan Dana Bantuan Operasional Sekolah

(Andriyanto .SH)

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