PERSPEKTIF HUKUM TERHADAP UPAYA ANTISIPASI DAN PENYELESAIAN KEKERASAN SEKSUAL DI PERGURUAN TINGGI

Abstract

This research aims to analyze the efforts to regulate the anticipation and sexual assault settlement in universities and the legal perspective on the Regulation of the Minister of Education and Culture No. 30 of 2021 on prevention and handling sexual assault in universities. This research applied a normative research method-analyzing existing laws and regulations according to the case. The results revealed that the efforts to regulate the anticipation and sexual assault settlement in universities were only regarded as a complement and repetition of various existing laws and regulations applied in Indonesia today, with the exception of some acts-considered not including sexual assault acts if there is consent of both parties. The legal perspective on the minister's regulations raises different polemics and arguments in the community. The arguments built in the minister's regulations were an effort to anticipate and settle the existence of crimes, particularly sexual assault for students on campus. However, the existence of the phrase "victim consent" exactly contradicts or does not go with religious values and norms in society as it leads to promiscuity and free sex made by mutual consent, and eventually the female student (a woman) becomes the aggrieved party.