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Mohammad Waes Alqorni

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The death of a Madrasah Tsanawiyah (MTs) student allegedly linked to police action raises significant legal issues concerning the limits of the use of force and the construction of criminal liability. This study aims to reformulate the elements of assault resulting in death by integrating the objective element (actus reus) and the subjective element (mens rea) within the framework of the doctrines of dolus and culpa. It also seeks to develop a model of criminal liability analysis that is more transparent, accountable, and oriented toward the protection of a child’s right to life. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by a literature review of legislation, court decisions, and criminal law scholarship. Data are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that proving the act and the resulting death alone is insufficient without clearly establishing the form of fault. The distinction between dolus eventualis and culpa lata constitutes a decisive factor in determining the classification of the offense and the degree of criminal liability. Ambiguity in identifying the spectrum of fault may lead to sentencing disparities and weaken the principle of geen straf zonder schuld (no punishment without fault). Therefore, this study proposes a reconstruction of the elements of the offense that places proof of mens rea at the center of assessing police accountability while ensuring the protection of the child’s right to life.

Nur Hisna Daniati; Rosalinda Rosalinda; Neviyarni S; Yarmis Syukur

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research examines the challenges of professionalism of Guidance and Counseling (BK) teachers in Madrasah Aliyah Negeri (MAN) through literature review. BK services have an important role in supporting students' academic and psychosocial development, but face obstacles such as the limited number of professional BK teachers and educational backgrounds that are not in accordance with the BK field. The non-ideal ratio of teachers to students and high workload also hamper the effectiveness of services. In addition, the management of services that are not yet based on student needs and the lack of continuous training are significant challenges. This study used a literature review method with descriptive analysis to identify these factors. The results suggest improving the quality of human resources through professional training, strengthening service management, and policy support from madrasahs and the government. The professionalism of counseling teachers has a direct impact on the quality of services that affect students' academic achievement and psychosocial well-being. The main recommendation is to increase the recruitment of qualified counseling teachers and continuous competency development to support effective and relevant counseling services in MAN.