Prof Romli: Permendikbud, Research And Technology 30/2021 Tainted By The Phrase 'with The Consent Of The Victim'

Criminal law expert Prof. Romli Amtasasmita/ Antara

JAKARTA - Permendikbud, Research and Technology Number 30 of 2021, which aims to prevent and protect women in universities from treatment of the opposite sex that violates moral, religious, and legal values is still reaping the pros and cons. Criminal law expert Prof. Romli Amtasasmita assesses the spirit of Permendikbud, Research and Technology Number 30 of 2021 was broken just because of three words, namely 'with the consent of the victim'.

"The good intentions of the special government of the Ministry of Education and Culture have been tainted by the drafters of the regulation by including the phrase 'with the consent of the woman (victim)', an object that should be protected by the regulation," said Prof Romli in his statement, Monday, November 15.

According to him, the inclusion of the phrase, regardless of good intentions or not, is still regrettable because the phrase that originally provided certainty for the protection of women and their parents became counter-productive.

In fact, said Prof. Romli, the phrase raises questions from the public, especially parents. That is whether the Permendikbud intends to create an independent campus with free sex.

"Overall the substance of the Permendikbud from the aspect of the purpose and protection of women on campus is very good, but the existence of this phrase (Article 5 ...) removes the meaning of the goodness of the Permendikbud," said the professor at Padjadjaran University, Bandung. 5 is meant:

1. take, record, and/or circulate photos and/or audio and/or visual recordings of the Victim with sexual nuances without the victim's consent; 2. persuade, promise, offer something, or threaten the Victim to carry out transactions or sexual activities that are not approved by the Victim; 3. touching, rubbing, touching, holding, hugging, kissing and/or rubbing body parts on the victim's body without the victim's consent; undressing the victim without the victim's consent; On the other hand, continued Prof. Romli, the policy of an independent campus, including in terms of academic administration management, also university leaders must focus on daily life in a campus environment that is impossible to reach specifically to keep it from supervision. PPKS.

"The phrase 'with approval' preceded by the phrase 'deliberately' has created legal uncertainty from Permendikbud 30 in the government's efforts to achieve the goals of Permendikbud 30," Romli explained.

In the context of disagreements regarding Permendikbud 30, according to Romli, there are three aspects that require joint study with the academic community. First, the historical-sociological and cultural aspects of society since the 1950s until now. Second, the legal aspect, and the third is the enforcement aspect of Permendikbud 30.

"The historical-sociological aspect shows that campus life in Indonesia is still bound by the customs and culture of the community and family outside of campus life; in this case, the characteristics and culture of the Indonesian people are rooted in the customs and character of eastern society in general, such as massive religious life. , kinship and foster politeness and appropriate behavior," explained Romli.

The concept of disgrace or taboo that brings shame not only to the family but also to one village is still maintained to this day. Even though it has entered the industrial revolution 4.00 century, individual campus life is still influenced by the collectivity of attachment to one another.

"It is different from campus life in western countries in general. Campus life and culture have long embraced academic freedom, not only in intellectual reasoning but also in the life of promiscuity, relations between students and relations between students and lecturers both inside and outside campus. . Things that are used there are not uncommon here. What is common there is a disgrace here, "explained Romli.

He said that the differences in campus life and behavior stem from the history of liberal society (individualism-liberalism). Where the state has no right to interfere in the life of anyone except for the purpose of preventing and protecting from the actions of others that are harmful.

"If it is related to Permendikbud 30, it becomes legal, but if it is related to the laws and regulations in force in Indonesia, which are based on Pancasila as the only source of national law, regarding the phrase 'with approval', it is diametrically opposed to the collectivist culture of the community. Indonesia," explained Prof. Romli. If the phrase is removed from Permendikbud 30 then the cross opinion in society will stop automatically.

"Besides, by maintaining this phrase, will campus life become conducive to the initial goal of Permendikbud 30? This question is related to the enforcement aspect of Permendikbud 30," Romli explained. the phrase 'with consent' has the connotation of a second offense because if a violation occurs, the victim can submit a complaint (criminal) report for the perpetrator's actions without a complaint, the police will not take any legal steps.

"Other actions prohibited in Permendikbud30 are subject to administrative sanctions. Starting from warnings, threats of revocation of rights as students/lecturers, or forgiveness and compensation or rehabilitation," said Romli.

Whatever the weaknesses and strengths of Permendikbud 30, appreciation should be given to the government, especially the Ministry of Education and Culture for the prevention efforts for the purpose of order and comfort of campus life accompanied by the establishment of an internal institution (PPKS) under the supervision of higher education leaders.

"Just a suggestion, why was Permendikbud30 not proposed as an amendment to the Law on Higher Education," concluded Romli.