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

Summary

In 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.