JAKARTA - The phrase "without the victim's consent" in the Regulation of the Minister of Education, Culture, Research, and Technology (Permendikbudristek) Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence (PPKS) or Permendikbud 30 has become a matter of debate. The phrase, known as the concept of consent, is considered contrary to Indonesian culture. Is that right?
The most strongly opposed to Permendikbud 30 is Article 5 paragraph (2). There is the phrase "without the victim's consent" which is considered to mean that sexual activity can be justified if there is "victim's consent". In other words, Permendikbud 30 contains elements of legalization of immoral acts and consent-based free sex.
“In our opinion, the sentence, the phrase 'without consent' from the victim degrades the Permen itself, that it can be justified if there is consent from the victim. That is what is important for us to take note of,” said Secretary of the Muhammadiyah Central Leadership Diktilitbang Council, Sayuti. As is known, Muhammadiyah is one of the Islamic organizations that rejects the concept of consent in Permendikbud 30. So what exactly is sexual consent or sexual consent?
A lecturer in law from Prasetiya Mulya University, Kartika Paramita, in her article in The Conversation, explained that the concept of consent can generally be interpreted as giving a voluntary agreement. The concept of agreement or consent, according to the United States (US) philosopher, John Kleinig, has existed since the European Renaissance era in the 15th century.
The emergence of the concept of consent originated from the idea that each individual must maintain social peace by not doing things that harm others just for their own benefit. "Since then, the concept of consent has developed in various fields of science and can refer to consent in various things, not only in sexual relations," Kartika wrote.
In law, Kartika said, consent plays an important role in changing the legal relationship between two or more people. For example, if you ask permission to borrow someone else's book and they agree, then you can take the book home. However, if the person does not agree and you are still determined to take it, then you are considered to have committed theft.
From that example, the consent of the owner of the book becomes the power to change the nature of the relationship between the two parties so that a person is not deemed to have violated the law. That's what later became the reason for the emergence of various assumptions that by giving consent to do something, then it automatically becomes legal. But is it really like that?
Answering the question, Lecturer of Law Kartika Paramita explained that there are several important things that must be considered in seeing how legal consent is enforced. First, consent can only be given by someone who is declared an adult and has the capacity.
Kartika said, if a person has not reached adulthood, a person is considered unable to decide rationally and responsibly on the approval given. In the context of sexual relations, "legal science and psychology recognize the term "age of consent" or the minimum age limit for a person to consent to sexual activity," said Kartika, still quoted by The Conversation.
In Indonesia itself, the age of consent has not been regulated in detail. Article 287 of the Criminal Code, said Kartika, only states that children under 15 years are prohibited from having sexual relations.
Meanwhile, according to Article 330 of the Civil Code, the age of maturity based on Indonesian law is usually seen from two things. The first is 22 years old or have you ever been married.
"For example, if a pair of junior high school (SMP) teenagers agree to have sexual intercourse, the concept of consent does not justify the action because they are considered not of sufficient age and rationality to understand the consequences of their actions," Kartika wrote.
Then the second, according to Kartika consent does not justify any action that violates the law. For example, when someone uses the services of a sex worker. Even though both people gave their consent and were old enough to have sexual intercourse, the activity was still prohibited by law Article 2 paragraph 1 of Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons.
Then the last or third, consent can only be given if someone really understands the various risks of the situation he is facing. "A person who has been lied to or threatened to consent to sexual intercourse cannot be deemed to have given consent."
"In this case, consent actually acts as a fence and protector for everyone involved in sexual relations. A person cannot be forced to do something if he does not want it," added Kartika.
Sociologist Gadjah Mada University (UGM) Suprapto, the pros and cons of Permendikbud 30 are certain to happen. Because according to him, the regulation that regulates sexual behavior patterns is based on the western concept, namely the sexual consent agreement, which is different from Indonesian culture.
"The Minister of Education and Culture regulates sexual behavior patterns that are lifted from the western concept, namely the sexual consent agreement, whose culture is clearly different from ours," Suprapto said to VOI.
The reason, Suprapto said that many of our society's sexual behavior is not always consistent with the consequences. Some of our nation, said Suprapto, will hope not to separate if they have had sexual activity. "The agreement can change and or be denied if it turns out that the relationship is threatened with breaking up or there are competitors."
Indeed, Suprapto supports Permendikbud 30 to reduce sexual violence on campus. Provided that the handler is backed by authentic data.
"Because there are many such acts or reporting, it appears when one of the partners initially agreed to have sexual activity. But because they feel disappointed then it seems as if it was violence or even rape," said Suprapto.
"Sexual activities are all carried out on the basis of consensual, but when there is a threat of their relationship being cut off or hampered or because of jealousy. So, one will feel as a victim of violence, harassment, or rape," he concluded.
*Read other information about SEXUAL HARASSMENT or read other interesting articles from Ramdan Febrian Arifin.
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