JAKARTA - Regulation of the Minister of Education, Culture, Research and Technology (Permendikbudristek) Number 30/2021 is considered problematic. The reason is that the regulation on the Prevention and Handling of Sexual Violence in Higher Education is considered to contain things that do not exist in legal norms, especially regarding sexual relations.
Therefore, Commission X of the DPR RI plans to summon the Indonesian Minister of Education and Technology, Nadiem Makarim in the near future to discuss the polemic of the Minister of Education and Culture 30/2021.
"Discussions with the members of Commission X are planned for this Friday (12 November)," said Deputy Chairman of Commission X of the House of Representatives, Abdul FIkri Faqih, in Jakarta, Tuesday, November 9.
Furthermore, Fikri assessed that the provisions regarding sexual consent contained in Permendikbud 30/2021 were not recognized in Indonesian legal norms.
"The consensus that we agree on according to the norms of Pancasila and the 1945 Constitution is that sexual relations can only be carried out in the context of the institution of marriage," said Fikri. paragraph (2) letter b, letter f, letter g, letter h, letter j, letter l, and letter m. According to Fikri, the phrase "without the victim's consent" contains the meaning of sexual consent. This means, he said, sexual intercourse is allowed as long as it is done on a consensual basis.
Fikri emphasized that this is clearly contrary to the legal norms that apply in Indonesia. Where adultery is considered an immoral behavior and is punishable by a crime.
"Article 284 of the Criminal Code, for example, threatens imprisonment for those who do it," explained Fikri.
In fact, continued Fikri, Law Number 39 of 1999 concerning Human Rights (HAM) still adds the role of religious rules in women's rights. Article 50 in the Human Rights Law reads: "Women who are adults and or have married have the right to carry out legal actions on their own, unless stipulated otherwise by their religious law".
"In fact, Law 39/1999 is one of the considerations listed in the formation of Permendikbudristek 30/2021," he explained. Fikri added that the National Education System Law Number 20/2003 which is also included as a preamble basically has a spirit based on the Pancasila morals, namely Article 3.
He emphasized that the PKS faction strongly opposes all forms of sexual violence as stated in the title of Permendikbud 30/2021. But on the other hand, they also disagree with the legalization of adultery. "As an eastern nation that upholds religious morals, Pancasila values and belief in one God, we should reject the culture of free sex," said Fikri.
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08 Juli 2024, 00:29
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