Komnas HAM Admits Nadiem Makarim Was Not Involved In Drafting Permendikbudristek 30

Illustration-Komnas HAM Building in Menteng (Photo: Istimewa/VOI)

JAKARTA - Chairman of Komnas HAM Ahmad Taufan Damanik admitted that his party was not involved in drafting the Regulation of the Minister of Culture, Research and Technology (Permendikbudristek) Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence (PPKS) in Higher Education.

This Permendikbud is currently reaping polemics, especially in the phrase "without the consent of the victim" which is considered to legalize free sexual activity.

"It's not only Muhammadiyah that is not invited to talk, Komnas HAM is also not invited to talk, even though we know more about the human rights perspective," said Taufan in a virtual discussion, Saturday, November 13.

Taufan claimed to have reminded the Minister of Education and Technology, Nadiem Makarim, to open a dialogue with a number of related parties in the preparation of the regulation.

"We have reminded Mas Nadiem (Mendikbudristek) several times. Be open with the public, have lots of dialogue with the public," said Taufan.

Therefore, Taufan asked Nadiem not to ignore the rejections that came from several parties to the issuance of the Minister of Education and Culture regarding sexual violence in universities.

"Explain that actually this is a regulation in order to prevent violence, basically, this is the standard. From the perspective of international human rights law, it is ok that the standard is consent. But it is also true that there are other problems that we must overcome," he explained.

For information, the phrase "without the victim's consent" in 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.

The most strongly opposed to Permendikbud 30 is Article 5 paragraph (2). There is a 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.

Muhammadiyah is one of the Islamic organizations that rejects the concept of consent in Permendikbud 30.

“In our opinion, the sentence, the phrase 'without the consent' of 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.