Judicial Review of the Phrase “Without Victim Consent” in Permendikbudristek 30/2021 concerning the Prevention and Handling of Sexual Violence in University Environment

Abstract

This paper is motivated by the debate over the use of the phrase without the victim’s consent in the Ministerial Regulation of the Education, Culture, Research and Technology of the Republic of Indonesia Ministry Number 30 of 2021 concerning the Prevention and Handling of Sexual Violence in the University Environment which is considered to open opportunities and opportunities for liberation of immoral acts to occur which in turn can lead to free sex activity in the university environment. Apart from that, it has provided a free space for agreements on immoral behavior and free sexual activity to occur within tertiary institutions and has even opened opportunities for sex transactions to occur, so that sex transactions become legalized civil transactions. Therefore, using the normative juridical law research method, an attempt is made to answer the question of what material content uses the phrase without the victim’s consent in ministerial regulation, what is the concept of consent from a legal perspective, and how is the legal considerations of the Indonesia Supreme Court adjudicating this request for judicial review rights. The results are: First, The phrase without the victim’s consent is in Article 5 paragraph (2) letter b, letter f, letter g, letter h, letter j, letter l, and letter m in the ministerial regulation; Second, The concept of consent in the perspective of criminal law relates to the concept of “without coercion” as referred to in several articles of the Indonesian Criminal Code. Third, The Supreme Court gave legal considerations that the use of the phrase without the victim’s consent does not regulate consent in sexual activity (sexual consent), but the victim’s consent in the event of sexual violence.