Rejection And Support Of Permendikbudristek Number 30 Of 2021 Concerning PPKS

JAKARTA - Minister of Education, Culture, Research, and Technology (Mendikbudristek) Nadiem Makarim issued a special regulation, namely Permendikbudristek Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence (PPKS).

This rule caused controversy among the public. The public voice is divided, there are those who reject it and some who support it.

Rejection

Politically in the DPR, a number of factions rejected this Permendikbud. Among them, Member of the House of Representatives Commission X, Illiza Sa'aduddin Djamal, who asked for this Permendikbud to be evaluated because he thought it could undermine students' moral standards.

In addition, he said, the Permendikbudristek has the potential to facilitate adultery and sexual deviant behavior, including LGBT.

"This can have implications as long as there is no coercion, where later the deviation will be true and justified, even though it was carried out outside a legal marriage," Djamal said in a statement received in Banda Aceh, Aceh, as reported by Antara, Monday, November 9.

He asserted that this Permendikbudristek contradicts the vision of education, especially Article 31 paragraph (3) of the 1945 Constitution which states that the government seeks and organizes a national education system.

This is to increase faith, piety and noble character in the context of the intellectual life of the nation which is regulated in accordance with the legislation.

Meanwhile, Member of Commission X DPR RI Ledia Hanifa regretted that some of the contents in this regulation were far from the values of Pancasila. In fact, said Ledia, tends to the values of liberalism.

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 PKS politician gave an example, there are many sexual relations outside of 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

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 on campus.

"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.

On the other hand, the Head of MUI for Fatwa, Asrorun Niam Sholeh, highlighted the phrase 'without the victim's consent' in the Permendikbudristek because it means sexual consent. In fact, sexual relations without marriage are illegal. Because, it is against the prevailing norms even though it is done on a consensual basis.

"It can't be released. For example, about consensual sexual relations, but if he is not framed by a legal marriage, then consensual consent is not allowed. That's illegal status, so legalizing something illegal is an uncultured act," he said. Asrorun, Tuesday, November 9th.

But Asrorun assessed that the rules for preventing sexual violence were urgently needed. The reason is, rules are needed to prevent activities that demean human dignity.

"Therefore, all regulations must be designed within the framework of the noble purpose of education and there should not be any rules that degrade human dignity. So we need to avoid sexual crime activities, but what is the meaning of sexual crime and what is the mechanism for preventing it," explained Asrorun.

However, Asrorun reminded the importance of containing regulations, especially in the world of education in accordance with applicable norms.

"The education process is part of the process to create a cultured and civilized society. So all regulations must be designed within the framework of civilization and culture," said Asrorun.

Endorsement

Member of Commission X DPR RI from the PDIP Faction My Esti Wijayanti said the regulation should be seen as a quick step so that sexual violence that often appears on campus does not occur continuously.

"This is a quick step so that sexual violence that occurs in universities can be prevented early and can be handled as soon as possible if it happens," said My Esti, Wednesday, November 10.

Esti dismissed the rules made by Nadiem as an effort to legalize free sex. According to him, this Permendikbudristek should be seen as a spirit to prevent the rise of sexual violence in the campus environment.

He said that many victims of sexual violence on campus need legal protection. For him, this Permendikbudristek could be an answer considering that the Draft Law on the Crime of Sexual Violence (TPKS) which was discussed in the DPR was still not finalized.

Esti considers this Permendikbud to be more beneficial, especially for victims of sexual violence on campus who have difficulty getting legal protection, including many whose rights to education have been neglected in the aftermath of the cases of sexual violence they experienced.

"So this Permendikbud-Ristek should get support, not to be questioned and asked to be withdrawn," said Esti.

Furthermore, the University of Indonesia (UI) appreciates the issuance of this Permendikbudristek because it provides legal certainty in the Prevention and Handling of Sexual Violence in Higher Education.

Reported by Antara, Sunday, November 14, UI Rector's Special Staff for Regulation Ima Mayasari said that UI had taken regulatory reform steps, so that the Central Government's policies, including the PPKS Permendikbudristek, became an agenda that needed to be harmonized and communicated with stakeholders at UI, including the Code rules. Existing Code of Conduct and Ethics.

He said that UI always upholds good university governance, as well as in every policy made by the government, it must have passed the stages of stakeholder engagement, regulatory impact assessment (RIA), post evaluation and synchronization and harmonization.

Thus, UI through the UI Statutes, 9 UI Values, Code of Conduct for Campus Life, code of ethics and code of conduct, and other internal regulations supports the prevention and handling of sexual violence in the campus environment. Handling sexual violence is one of UI's priority aspects and has been allocated in the 2022 RKT and RKA.

Nadiem's explanation

Minister of Education, Culture, Research and Technology (Mendikbudristek) Nadiem Anwar Makarim said his party had never supported free sex or adultery as the public accused of this Permendikbud.

“We reiterate that Kemendikbudristek never supports free sex or adultery. No indication whatsoever. The accusation of supporting free sex occurs because of phrases taken out of context," said Nadiem at the launch of Merdeka Learning Episode Fourteen: Merdeka Campus from Sexual Violence in Jakarta, reported by Antara, Friday, November 12.

He added that one of the goals of Permendikbudristek Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education (Permendikbudristek PPKS) is to provide a safe and comfortable education for campus residents.

Thus, he continued, it does not mean that the phrase with consent is applied outside the context of sexual violence. Nadiem said that his party would cooperate with a number of parties to share perceptions about it.

The preparation of the Permendikbudristek, he said, was among the longest because it took 1.5 years and more than 20 discussion sessions, public tests, harmonization by involving many parties.

Kemendikbudristek asked campuses to prepare PPKS Task Force in the near future. If there is a violation within the grace period, it can be accessed through the Report platform.

Permendikbudristek aims to fulfill the right of every citizen to a safe education. Furthermore, the Permendikbudristek aims to tackle sexual violence with an unconstitutional and sustainable approach. This is because the substance of the Permendikbudristek provides legal certainty for higher education leaders to take firm steps.

Nadiem added that currently there is no clear legal umbrella for cases of sexual violence that occur on campus. So sometimes, university leaders have difficulty taking decisive steps.

In addition, Nadiem Makarim will reduce campus accreditation for those who do not implement Permendikbud, Research and Technology number 30 of 2021 concerning the Prevention and Handling of Sexual Violence (PPKS) in Higher Education.

At first, Nadiem talked about sanctions for perpetrators who were proven to have committed sexual violence in a university environment. He emphasized that the sanctions that will be given depend on the violations that occur. "Light sanctions are in the form of a written warning or statement of apology, up to severe sanctions. The heaviest administrative sanctions are dismissal, for example as a student or as a lecturer and others," said Nadiem in the program 'Merdeka Belajar Episode 14: Campus Freedom from Sexual Violence' broadcast on the Indonesian Ministry of Education and Culture's YouTube channel quoted on Monday, November 15. For perpetrators who receive light and moderate sanctions, said Nadiem, they must attend a counseling program before returning to their activities on campus. Counseling costs are borne by the perpetrator. "The counseling report is the basis for the university leadership to issue a letter that the perpetrator has carried out the sanctions imposed," he said.

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Tag: nasional nadiem makarim kemendikbudristek