Komnas Perempuan Asks Supreme Court To Reject Material Testing Of PPKS Permendikbudristek Which Contains The Phrase "Without Victim's Consent"

JAKARTA - The National Commission on Violence against Women (Komnas Perempuan) has asked the Supreme Court to reject the judicial review of the Minister of Education and Technology Regulation Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence (PPKS) in Higher Education proposed by the Minangkabau Natural Density Institute (LKAAM).

LKAAM as the applicant submits a judicial review of Article 5 Paragraph 2 letter (b), (f), (g), (h), (j), (i) and (m). This article contains the phrase "without the consent of the victim". In essence, LKAAM views this phrase as a door opening for adultery in the university environment.

"Komnas Perempuan recommends that the Supreme Court reject the application for judicial review of Permendikbudristek Number 30 of 2021 as a whole as an affirmation of the state's obligation to provide a safe space from sexual violence, especially in the educational environment," said Komnas Perempuan Commissioner Siti Aminah Tardi in her statement.

Siti explained three reasons why her party wanted the PPKS Permendikbudristek material review to be rejected. First, LKAAM does not meet the criteria for filing an objection to the PPKS Permendikbudristek because it is unable to prove its qualifications as a customary law community or a public legal entity, does not have a loss of citizen rights, and does not have a causal relationship between the loss and the object of the application and the cancellation of the object of the application does not. will stop acts of sexual violence.

Second, the respondent has complied with the formal procedures for the formation of laws and regulations, namely the PPKS Permendikbudristek which was issued according to the authority and has fulfilled the process of receiving suggestions and input.

Third, Siti explained that the meaning of the phrase 'without the victim's consent' or 'not approved by the victim' was to distinguish between violence and other sexual activities that were followed up by the Task Force on the Prevention and Handling of Sexual Violence.

"This phrase also intends to identify who the perpetrator is and who the victim is, so that later it can be determined the provision of recovery services and sanctions for the sexual activity in question," said Siti.

Then, the phrase is also intended to educate the academic community, especially female students, to refuse sexual requests related to power relations in the educational environment, as well as to educate the academic community that there are activities in power relations that are disliked, unwanted, offensive or not approved by someone so that the relationship that should be built is a relationship with a culture of respect for each person's body and sexuality.

"Komnas Perempuan is of the opinion that this interpretation (leading to adultery) shows a lack of understanding on the issue of sexual violence and is also wrong because it is interpreted backwards," she added.