3 Dosa Pendidikan: Kekerasan Seksual - Apa Saja Sanksi untuk Pelaku Kekerasan Seksual?

Pelatihan Mandiri

19 Jan 202308:05

Summary

TLDRIn response to widespread sexual violence in Indonesian higher education, Minister of Education Nadiem Makarim issued a regulation in 2021 to prevent and handle such incidents. Prior regulations from 2015 covered basic and secondary schools. In 2022, Indonesia ratified a law criminalizing sexual violence, providing protection and recovery rights for victims and imposing sanctions on perpetrators, including public figures and educators. The law aims to deter future offenses and ensure a supportive legal process for victims, emphasizing the community's role in preventing sexual violence and prioritizing victim recovery.

Takeaways

📚 The Indonesian Minister of Education, Culture, Research, and Technology, Nadiem Makarim, issued a regulation (Permendikbudristek No. 30 of 2021) to prevent and handle sexual violence in higher education institutions.
🏫 Prior to this, in 2015, a similar regulation (Permendikbud No. 82 of 2015) was established for elementary and secondary schools to address violence in educational units.
🇮🇩 In May 2022, the Indonesian House of Representatives passed the Sexual Violence Criminal Act, reinforcing legal support for victims and imposing sanctions on perpetrators.
📉 The law aims to deter sexual violence by providing protection during reporting and case handling, ensuring the rights of victims to recovery, and imposing additional sanctions on public figures or educators involved in such acts.
👨‍🏫 Educators found guilty of sexual violence face administrative sanctions ranging from warnings to dismissal, depending on the severity of their actions.
👶 For student perpetrators, legal proceedings are channeled through the Juvenile Justice System, focusing on rehabilitation and the best interests of the child.
🚫 If legal processes are not pursued, educational institutions can impose educational sanctions on student perpetrators, such as verbal warnings, written reprimands, or reduction of student rights.
🏥 Both educator and student perpetrators who receive heavy sanctions are required to undergo counseling and rehabilitation programs.
💼 Educational institutions are responsible for handling sexual violence cases and can receive credit for their commitment to creating a safe environment free from sexual violence.
💵 Perpetrators are also liable for compensation, which may include paying for material damages or losses suffered by the victim or their heirs, as determined by a task force or court decision.
🔍 The task force or a special unit may impose heavier administrative sanctions than recommended by the educational institution, especially in cases involving severe or permanent impacts on the victim, or when the perpetrator is part of the task force or school administration.

Q & A

What significant action was taken by the Indonesian Minister of Education, Culture, Research, and Technology in 2021 regarding sexual violence in higher education?
-In 2021, the Indonesian Minister of Education, Culture, Research, and Technology, Nadiem Makarim, published the Ministerial Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education.
What regulation was established in 2015 to address violence in basic and secondary education in Indonesia?
-In 2015, the regulation for basic and secondary education was established through Ministerial Regulation No. 82 of 2015 on the Prevention and Handling of Violence in Educational Institutions.
When did the Indonesian House of Representatives pass the Sexual Violence Criminal Act?
-The Indonesian House of Representatives passed the Sexual Violence Criminal Act in May 2022.
What protections does the Sexual Violence Criminal Act in Indonesia provide for victims?
-The Sexual Violence Criminal Act in Indonesia provides protection for victims during reporting, case handling, and ensures the rights of victims for recovery.
What additional sanctions can be imposed on perpetrators of sexual violence who are public figures, educators, or public officials?
-Additional sanctions can be imposed on perpetrators who are public figures, educators, or public officials, which may include administrative sanctions and legal consequences as per the Sexual Violence Criminal Act.
How does the script highlight the impact of sexual violence on the educational continuity and future of children?
-The script emphasizes that sexual violence in educational institutions directly affects the continuity of education and the future of children, leading to serious consequences such as discontinuation of education and psychological impacts.
What are the administrative sanctions for educators who commit sexual violence according to the script?
-Administrative sanctions for educators who commit sexual violence range from light sanctions like written warnings and public apologies to severe sanctions including permanent dismissal from their positions.
What is the legal framework referred to as 'Sistem Peradilan Pidana Anak' mentioned in the script?
-The 'Sistem Peradilan Pidana Anak' mentioned in the script refers to the Juvenile Justice System, which is the entire process of resolving legal matters for children, from investigation to post-punishment guidance, ensuring protection, justice, and the best interests of the child.
What are the non-legal sanctions that can be imposed on student perpetrators of sexual violence in educational institutions?
-Non-legal sanctions for student perpetrators can include verbal warnings, written reprimands, educational actions, reduction of student rights, such as participation in learning activities or the revocation of scholarships.
What is required of both educator and student perpetrators who receive heavy sanctions from educational institutions?
-Both educator and student perpetrators who receive heavy sanctions are required to undergo legal processes according to the Sexual Violence Criminal Act and may also be required to provide compensation for material damages to the victims.
How does the script emphasize the importance of sanctions for perpetrators of sexual violence?
-The script underscores the necessity of sanctions for perpetrators of sexual violence to ensure justice and deterrence, preventing the recurrence of such incidents and highlighting the need for a just and preventive approach.

Outlines

00:00

📚 Education on Sexual Violence Prevention

In 2021, following numerous studies on sexual violence in higher education, the Indonesian Minister of Education, Culture, Research, and Technology, Nadiem Makarim, issued a regulation to prevent and handle sexual violence in higher education. This regulation was preceded by a similar one in 2015 for primary and secondary schools. In May 2022, the Indonesian Parliament passed a law criminalizing sexual violence, providing protection for victims during reporting and case handling, as well as ensuring their rights to recovery. The law also imposes additional sanctions on perpetrators who are public figures, educators, or officials. The law aims to deter future sexual violence and ensure a supportive educational environment.

05:02

🏛️ Legal and Educational Measures Against Sexual Violence

The script outlines the consequences of sexual violence in educational settings, emphasizing its detrimental effects on the continuity of education and the future of the affected children. It categorizes sexual violence as a crime against humanity, with legal and educational measures in place to support victims and prevent such incidents. The script details the administrative sanctions for educators and students who commit sexual violence, ranging from written warnings to permanent dismissal. It also discusses the legal process for juvenile offenders and the mandatory participation in counseling programs. Furthermore, it addresses the responsibilities of educational institutions in handling cases of sexual violence and the potential for additional administrative sanctions beyond those recommended by the institution. The script concludes by emphasizing the necessity of sanctions to ensure justice and prevent the recurrence of such crimes.

Mindmap

Keywords

💡Sexual Violence

Sexual violence refers to any unwanted sexual act or behavior that occurs without a person's consent or against their will. In the context of the video, it is a critical issue being addressed in educational institutions, and the Indonesian government has taken steps to prevent and handle such incidents through legislation and institutional policies.

💡Permendikbud

Permendikbud is an abbreviation for 'Peraturan Menteri Pendidikan dan Kebudayaan,' which translates to 'Regulations of the Ministry of Education and Culture' in Indonesia. The video mentions Permendikbudristek No. 30 of 2021, which specifically deals with the prevention and handling of sexual violence in higher education institutions.

💡Victims' Rights

Victims' rights encompass the legal and moral entitlements of individuals who have suffered harm, ensuring they receive support, protection, and recovery assistance. The video emphasizes the importance of these rights in the context of sexual violence, highlighting the need for a just and supportive response to victims.

💡Sanctions

Sanctions in this context refer to the penalties or consequences imposed on individuals found guilty of sexual violence. The video outlines various administrative sanctions for educators and legal actions for students, demonstrating the video's theme of holding perpetrators accountable.

💡Educational Institutions

Educational institutions are the settings where the discussed incidents of sexual violence are taking place. The video focuses on the role of these institutions in preventing and managing such cases, underlining the importance of a safe educational environment.

💡Administrative Sanctions

Administrative sanctions are formal penalties imposed by an institution or organization, such as warnings, apologies, temporary dismissals, or permanent removal from a position. The video discusses these sanctions in the context of educators found guilty of sexual violence.

💡Legal Proceedings

Legal proceedings refer to the formal processes and actions taken within the justice system to address criminal behavior. The video mentions that students involved in sexual violence cases should be referred to the juvenile justice system, emphasizing the legal framework for addressing such incidents.

💡Disabilities

The term 'disabilities' in the video refers to individuals with physical or mental impairments who may be particularly vulnerable to sexual violence. The video highlights the severe and lasting impact such violence can have on these individuals, reinforcing the need for stringent measures and support.

💡Rehabilitation

Rehabilitation in this context involves the process of restoring individuals, particularly the perpetrators, to a law-abiding and productive life through counseling and education. The video mentions that both educators and students found guilty of sexual violence must undergo rehabilitation, indicating a focus on correcting behavior and preventing future offenses.

💡Indonesian Legislation

Indonesian legislation refers to the laws and regulations governing the country, including those related to sexual violence. The video discusses the 'Undang-Undang Tindak Pidana Kekerasan Seksual,' which is a law that provides protection for victims and imposes sanctions on perpetrators, reflecting the video's theme of legal recourse and societal responsibility.

💡Community Awareness

Community awareness refers to the collective knowledge and understanding of an issue within a community. The video suggests that increased awareness about sexual violence and victims' rights is crucial for preventing such incidents and supporting victims, tying into the broader message of societal change and education.

Highlights

The Indonesian Minister of Education, Culture, Research, and Technology, Nadiem Makarim, issued a regulation in 2021 addressing sexual violence in higher education.

A regulation was previously established in 2015 for basic and secondary schools regarding the prevention and handling of violence.

In May 2022, the Indonesian House of Representatives passed a law criminalizing sexual violence.

The new law provides protection for victims during reporting, case handling, and ensures their rights to recovery.

The law imposes sanctions on perpetrators of sexual violence, with additional penalties for those in educational or public service roles.

The law aims to deter sexual violence through severe consequences and ensure it does not recur.

Sexual violence in educational institutions can lead to the discontinuation of education and negatively impact the future of the victims.

Sexual violence is classified as a crime against humanity, punishable by law.

Society is becoming more aware of the rights of victims, including the right to treatment, protection, and recovery.

Sanctions for educators who commit sexual violence include administrative penalties ranging from mild to severe.

Mild sanctions may involve written warnings or public apologies within the school and media.

Moderate sanctions can include temporary dismissal from position without job rights.

Severe sanctions result in permanent dismissal from educational roles.

If the perpetrator is a student, legal proceedings must refer to the Juvenile Justice System.

Non-legal sanctions for student perpetrators may include verbal warnings, written reprimands, or educational measures.

After sanctions, students must undergo counseling and rehabilitation processes.

Educational institutions responsible for handling sexual violence cases can receive credit for their commitment to creating a safe environment.

Perpetrators are also required to provide compensation for material damages to the victims.

The handling of sexual violence cases can result in administrative sanctions that are more severe than the institution's recommendations.

The impact of sexual violence on victims can be severe and long-lasting, requiring special attention and treatment.

Sanctions for sexual violence are necessary for justice and prevention, ensuring such cases do not reoccur.