Legal Protection Of Victims Of Sexual Violence At University

Abstract

The Higher Education Community is again under serious public scrutiny. This institution is for educated intellectuals to conduct scientific activities from various disciplines to moral and behavioral issues. Thus the public will always feel reassured if their children are entrusted to a higher education institution to gain knowledge according to their interests. However, various cases of sexual violence have turned out to be issues that have attracted public attention because, so far, this issue has never been openly exposed to the surface because it is considered just an issue. However, when a case of sexual violence occurred in a university on the island of Sumatra, committed by a lecturer who is also the highest ranking official in a faculty, various similar cases appeared in various educational institutions in the country. In this case, prosecution by means of criminal law cannot be avoided because positive law has regulated it clearly. Even the government, for that matter Ministry of Education, Culture, Research, and Technology, has responded seriously with the issuance of Regulations of the Minister Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in the Higher Education Environment. This policy is a thoughtful, responsive action by the government because it turns out that this problem has become an iceberg phenomenon, which needs to be prevented and handled optimally to guarantee legal protection and legal certainty for all communities in the environment. College Tall. In this context, it is emphasized that sexual violence in tertiary institutions is a form of criminal action and behaviour closely related to using opportunities behind academic systems and processes within the campus environment. To answer these problems, this study uses normative legal research methods with statutory approaches (statute approach), conceptual approach (conceptual approach) and case approach (case approach). This study aims to unravel how the system in the campus environment becomes conducive, especially for students or women on campus who have a safe space and guaranteed freedom in activities and interactions following ministry policies in administrative and academic processes to close reproaches or opportunities for sexual violence to occur. This study concludes that it is essential Regulation of the Minister of Education, Culture, Research and Technology (permendiknas ristek) No. 30 of 2021 concerning the prevention and handling of sexual violence in Higher Education must be implemented concretely in the field to the maximum according to the mechanism so that the campus with its system can provide protection and security guarantees personal as well as its dignity.