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International Journal of
Law
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VOL. 9, ISSUE 1 (2023)
Juridical analysis of the crime of sexual violence based on victim protection in the university environment
Authors
Mirza Dwan Sanova, Dahlan, Teuku Ahmad Yani
Abstract
The rule of law that specifically regulates the crime of sexual violence in Indonesia has long been initiated, in 2022 Law Number 12 of 2022 on the Crime of Sexual Violence was passed. Before this law was passed, the Ministry of Education had issued Regulation Number 30 of 2021 concerning the Prevention and handling of Sexual Violence in the Higher Environment as an effort to fill the legal vacuum related to criminal acts of sexual violence in the university environment. However, this rule leaves problems, especially there are efforts to legalise sexual relations with the concept of consent, and regarding the forms of victim protection regulated in this regulation. For this reason, this paper wants to explain the problem of whether the rights of victims are protected regarding the sanctions applied in Ministerial Regulation Number 30 of 2021. The type of research is juridical-normative, using 2 approaches, the statute approach and conceptual approach. The method of analysis of this research is prescriptive analysis. The results of the study show that sexual violence includes a general meaning for all actions carried out by a person against another person with nuances of sexuality, whether verbal, visual, active actions, or in the form of using gesture symbols that show nuances of sexuality. Sexual consent in the context of sexual relations is a condition of whether the sexual relations are based on pressure or not, intimidation or not, so that it is called a criminal act of sexual violence. Sexual violence crime with the concept of sexual consent makes it a condition for determining the crime of sexual violence. The perpetrator cannot be convicted if there is consent from the victim, otherwise if there is no consent from the victim, the perpetrator can be sentenced.
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Pages:19-22
How to cite this article:
Mirza Dwan Sanova, Dahlan, Teuku Ahmad Yani "Juridical analysis of the crime of sexual violence based on victim protection in the university environment". International Journal of Law, Vol 9, Issue 1, 2023, Pages 19-22
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