The cases of sexual violence that have occurred on campus that have been revealed and have gone viral lately are very worrying. However, the legal vacuum has resulted in cases of sexual violence not being able to be dealt with firmly and impartially to the victim. Through this concern, the Regulation of the Minister of Education, Culture, Research, and Technology (Permendikbudristek) Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education (PPKS) was finally issued. However, the regulation turned out to be reaping the pros and cons of various parties.
Those who support it say that Permendikbud 30 will greatly help victims of sexual violence that often occurs on campus. On the other hand, there are parties who express their disapproval because this regulation is considered to be able to encourage immoral acts. Responding to the pros and cons, Mendikbudristek Nadiem Makarim then explained the reasons for the issuance of Permendikbud 30 regarding sexual violence.
Nadiem stated that Indonesia does not yet have a law dealing with the issue of sexual violence in the campus environment
Responding to the pros and cons of the enactment of Permendikbud 30, Mendikbudristek Nadiem Makarim then explained the basic considerations for the issuance of this rule. Nadiem stated that Indonesia does not yet have laws and regulations that address the issue of sexual violence in universities. This regulation is made to ensure that citizens’ rights to education are maintained through the prevention and mitigation of sexual violence in universities.
Previously existing regulations were assessed to only cover violence protection in certain conditions, including for children under the age of 18 years and people who are married. That way, there is still a void in legal protection for victims of sexual violence, especially those over the age of 18 and unmarried.
This regulation also wants to deal with verbal, non-physical and digital forms of sexual violence
Nadiem also said that there were limitations in handling cases of sexual violence in the Criminal Code (KUHP). These limitations include not facilitating the identity of the victim, not recognizing online or verbal violence, and only recognizing sexual violence in the form of rape and sexual abuse.
During this Covid-19 pandemic, the academic community in the campus environment has a range of uses platform digital is higher than usual. Many lectures are conducted online. To emphasize the further impact on victims of violence in platform online, the Minister of Education and Technology considers the possibility of verbal, non-physical and digital forms of sexual violence that must be addressed immediately. With all these considerations in mind, Permendikbud 30 concerning PPKS was finally enacted.
Those are some of the reasons why the Minister of Education and Culture passed the regulation on the handling of sexual violence. After knowing the reasons behind the issuance of Permendikbud 30, what do you think, SoHip?