Hasyim Asy'ari's Scandal Must Be Continued In Legal Process

JAKARTA - The dismissal of the Chairman of the Indonesian General Election Commission, Hasyim Asy'ari, is a sanction given by the Election Organizer Honorary Council (DKPP) after being suspected of committing ethical violations and being involved in immoral cases. This decision was taken to maintain the integrity and dignity of election management institutions. The DKPP's decision to dismiss Hasyim Asy'ari can at least be used as momentum and a deterrent effect by following up with the legal process for the actions that occurred.

The immoral case allegedly committed by Hasyim Asy'ari is not an ordinary or trivial case. In it there are elements of power relations between Hasyim Asy'ari as Chairman of the KPU and a woman with the initials CAT, a member of the Overseas Election Organizing Committee (PPLN) from The Hague. CAT is an Indonesian citizen who lives in the Netherlands and is a subordinate of Hasyim Asy'ari.

This scandal seems to show that power relations have become a mode for carrying out sexual violence. Power relations can mean that one person has control and has great influence over the other party. In a work context, this relationship can be formed through a hierarchy of positions, authority, and access to resources.

According to Michael Foucault, a philosopher who pioneered structuralism, power is one dimension of relations. Where there are relationships, there is power and power is always actualized through knowledge. And knowledge always has a power effect. This means, in a relationship between individuals, knowledge of themselves and others can at the same time create power.

Foucault emphasized that the formation of discourse cannot be separated from power, which is not only owned by individuals but is also practiced in social space. In this case, discourse is not only a communication medium, but also a tool that organizes social change and claims the truth with its influence on social institutions and practices.

This claim to truth is a form of expression of power as a discourse that can influence people's consciousness and direct them to certain ideas and concepts. This kind of discourse has the ability to control a person's actions and behavior according to his will (Foucault, 2002). And in the end put the excuse, that power is everything.

According to a history expert from Andalas University, Ahmad Muhajir, power relations can play a role in various aspects of life. Starting from ideology to the physical dimensions of the body, which ultimately influences a person's attitudes and thoughts.

"Power relations play a role in various aspects of life, from ideology to the physical dimensions of the body, which ultimately influence a person's attitudes and thoughts. Power dynamics are present at every level of society, both between leaders and citizens, between citizens and individuals, and between individuals each other," he said in a written message.

Even though there is no specific power relationship in the law, Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Adjudicating Women's Cases in Conflict with the Law regulates that Power Relations are relationships that are hierarchical in nature, inequality and/or dependence on social, cultural status, knowledge/education and/or economics that gives rise to power on one party over another party in the context of inter-gender relations to the detriment of the party in a lower position.

The results of research by the Center for Resource Development for the Elimination of Violence Against Women conducted by Rifka Annisa in 2018 actually revealed that inequality in power relations is the main cause of cases of sexual harassment or violence.

The results of the research stated that unequal power relations occur when the perpetrator feels he has a more dominant position than the victim. For example, sexual violence perpetrated by lecturers against students, parents against children, artists against fans, bosses against employees, loan sharks against debtors, and so on.

In fact, power relations can occur between someone and someone they like or admire, even though they don't have a direct relationship. Therefore, based on this research, it would be inappropriate to conclude that sexual violence occurs only because of low morals or lust.

Recognizing Types of Sexual Violence

The term sexual violence is not explicitly regulated in statutory regulations, but Article 1 of the 1993 International Declaration on the Elimination of Violence against Women outlines a general description of the meaning of violence against women. Legal expert from Atmajaya University, Riki Perdana R Waruwu, explained that every action based on gender (gender based violence) results in physical, sexual or psychological misery or suffering for women.

"The forms of violence against women are physical violence, sexual violence, psychological violence, economic violence and deprivation of liberty," he said.

Komnas Perempuan Monitoring Commissioner, Siti Aminah Tardi, emphasized that sexual harassment is a form of sexual violence. Sexual harassment is an act carried out in an unwanted physical or non-physical form. "This can take the form of taking pictures, peeping, giving sexually charged signals, asking someone to perform such acts on themselves, showing sexual organs either directly or using technology, carrying out sexually charged transmissions and physical touching," she said in a written message received by VOI.

Meanwhile, according to psychologist, Meity Arianty STP., M.Psi. states that sexual harassment is any form of behavior that has sexual connotations that is carried out unilaterally and is not desired by the victim, the form can be in the form of speech, writing, symbols, gestures and actions.

Therefore, education and training regarding gender awareness and sexual violence must also be provided to all levels of staff. The aim is to prevent or ensure in the work environment that each individual knows their rights and obligations.

Not just on campus, PPKS regulations need to be applied in every sector of life.

Long before the Hasyim Asy'ari case emerged, in 2021, through the Minister of Education, Culture, Research and Technology (Mendikbud Ristek) Nadiem Makarim, he issued regulation Number 30 of 2021. The regulation, which was issued on August 31, regulates the prevention and handling of sexual violence (PPKS) in the tertiary environment.

Clearly, one of the provisions regulated in this regulation is related to the imbalance in power relations that causes sexual violence on campus. Article 1 of Minister of Education and Culture, Research and Technology 30/2021 states that sexual violence is any act of degrading, insulting, harassing, and/or attacking a person's body and/or reproductive function, due to unequal power and/or gender relations, which results in or could result in psychological suffering and /or physical, including those that disrupt a person's reproductive health and lose the opportunity to carry out higher education safely and optimally.

In Permendikbud Ristek 30/2021, sexual violence includes acts carried out verbally, non-physically, physically, as well as through information and communication technology. There are at least 21 forms of sexual violence that are expressly regulated in these regulations. One of them, regulates the absence of consent from the victim so that an action can be categorized as sexual violence. Then, acts of discrimination or harassment that have sexual intentions, whether through speech, looks or virtually.

The existence of unequal power relations is one of the causes of the perpetuation of sexual violence in society. Not to mention that if we talk about the legal process from the victim's perspective, it should be able to suppress this crime. However, in reality, the road to justice for victims is often complicated, not to mention the pressure that makes victims of sexual violence not dare to report it.

Secretary General of the Indonesian Women's Coalition (KPI), Mike Verawati, assessed that the recurrence of cases of sexual violence caused by power relations shows that there has been no change in paradigm or change in the way of thinking, cultural change in society, especially parties who have positions of power relations.

Moreover, the majority of resolutions of sexual violence cases still do not fulfill a sense of justice, some resolutions are even achieved through mediation or kinship. She emphasized that the middle way is actually not a fair way for victims. However, this condition is still found because victims of sexual violence are still seen as a disgrace by the majority.

"This is sad, it is as if the victim of sexual violence had actually fallen and was hit by a ladder. When society is unable to act firmly or fairly towards victims of forms of sexual violence, ultimately it becomes impunity," said Mike.

Chair of the National Executive Board of the Women's Solidarity Union, Armayanti Sanusi, added that cases of sexual violence that are brought to the realm of litigation often encounter a dead end in the law enforcement mechanism for the perpetrators. Ultimately, victims do not receive full justice, as a result of the gender-biased perspective of law enforcement officials.

“APH individuals often add layers of violence to victims. Because of this, handling through law enforcement and implementation still leads to a dark road to justice for victims, including the fulfillment of victims' rights to recovery which is still neglected," she said.

Chairman of the DPR RI, Puan Maharani, said that more massive outreach and education regarding legal products and regulations in efforts to prevent violence against women must be carried out. One of them is Law (UU) Number 12 of 2022 concerning Criminal Acts of Sexual Violence (TPKS).

“Power relations can be severed by strictly implementing the TPKS Law. The public must also be more educated about the threats they face when committing sexual harassment, no matter how small. Good literacy will also increase public awareness of victims of sexual violence," she said.

She hopes that the implementation of law enforcement in the TPKS Law will create a deterrent effect for perpetrators of sexual crimes. In this way, the rise in cases of sexual violence in Indonesia can be minimized or even eliminated.

“Sexual violence cases are the responsibility of all of us. There are already regulations implementing the law for perpetrators of sexual violence. So implement it well," concluded Puan.