JAKARTA - Member of the Indonesian House of Representatives Commission X, Ledia Hanifa Amaliah, criticized the issuance of Permendikbudristek Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education. He also questioned the legal basis for the issuance of this Minister of Education and Culture Regulation.
“Basically we need to remember that every regulation issued by the government in this case the Minister of Education and Technology must refer to Law No. 12/2011 concerning the Establishment of Legislation. Article 8 paragraph 2 of the Law states that a Ministerial Regulation can have binding legal force when there is an order from a higher legislation. So the issuance of this Ministerial Regulation is inappropriate because there is no law that can be attached to it," said Ledia to reporters, Friday, November 5.
The secretary of the PKS faction in the DPR regretted that some of the contents of the Ministerial Regulation issued by the ministry of Nadiem Makarim were far from the values of Pancasila. In fact, said Ledia, tends to the values of liberalism.
"It is unfortunate that a regulation that is intended to prevent the occurrence of crimes related to sexual violence does not at all include the basis of religious norms in the principles of preventing and handling sexual violence contained in Article 3," he explained.
In fact, continued Ledia, Pancasila with the first principle of Belief in One Supreme God is the basis of the state, each of which is explained by the Pancasila Ideology Development Agency (BPIP) which is the way Indonesian people behave and make decisions.
Apart from the absence of a basis for religious norms, according to Ledia, the contents of the Ministerial Regulation include many elements of liberalism in taking a stance.
“The definition of sexual violence is biased, for example when it includes one type of sexual violence in 'delivering speech that discriminates against gender identity'. In addition, this Ministerial Regulation includes the issue of 'consent' or commonly known as consent into a diction that is repeatedly used as can be found in Article 5 paragraph 2. That various actions or behaviors will fall into the context of sexual violence if there is no agreement with the victim, "explained Ledia.
"This is certainly a dangerous regulatory reference. Coupled with the exclusion of religious norms, our young generation seems to be led to a context that with the approval of a sexual-related behavior can be justified. This is clearly dangerous, continued the member of the Legislative Council.
The PKS politician then gave an example, there are many sexual relations outside marriage that begin with consent or consensual. Also the emergence of LGBT behavior openly in the community.
"Even though in religious norms, sex outside of marriage as well as LGBT behavior is not something that is justified," he said
Overall, Ledia views, the contents of this Ministerial Regulation have not been able to provide legal prevention and protection, but only convey internal administrative sanctions.
"After careful scrutiny, this ministerial regulation only adds to the burden of bureaucratizing the new administration with all licensing provisions and has not yet revealed a single clause that can ensure the legal process runs to prevent and deal with sexual violence," said Ledia.
For example, Articles 7 and 8 which focus on administrative bureaucratization. Even a fairly serious threat, said Ledia, has not yet been seen in the overall content of this Permendikbudristek. In fact, he said, one of the effective means of prevention is the existence of clear and firm legal threats.
"So that people think a thousand times if they want to commit a crime," he said.
Ledia added, this Permendikburistek also seems to rule out the legal process if a case occurs. Because, it seems more focused on internal courts with the existence of a task force in the campus environment.
"Therefore, I hope that Permendikbudristek Number 30 of 2021 is canceled and the Ministry of Education and Culture can focus more on fostering a lecture system with Pancasila character," said Ledia.
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