Perlindungan Hukum Terhadap Korban Kekerasan Seksual di Lingkungan Perguruan Tinggi Lampung

Tobing, Ega Yolanda Lumban (2023) Perlindungan Hukum Terhadap Korban Kekerasan Seksual di Lingkungan Perguruan Tinggi Lampung. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Sexual harassment that continues to increase in society and occurs in various places, including in higher education institutions, illustrates how the educational space should be a safe place because it is filled with educated and intellectual people but in reality this is not the case. Educators such as lecturers, who are supposed to be educators of the nation's generation, become the destroyers of the nation's generation. The power relations they have allow them to take arbitrary actions. The legal umbrella that is expected to provide justice and protection for victims, in fact victims still suffer from the sexual harassment they experience, while the perpetrators are left free without the sanctions they should receive. In this analysis, the author will analyze legal protection and legal justice for victims of sexual violence in the university environment. Therefore, the author conducts normative-empirical legal research to see what is written in the existing law in Indonesia, as well as to see in practice how the protection of victims of sexual violence that occurs in the university environment, both through secondary data in the form of books and journals, as well as primary data obtained through interviews to answer the author's research problems, 1.) How are Efforts to Prevent and Monitor Sexual Violence in Higher Education? 2.) How is Legal Protection for Victims of Sexual Violence in Higher Education? The results then show that sexual harassment in higher education institutions can occur because it is caused by relationship position or power relationship, gender inequality, and opportunity. As for the legal protection of victims of criminal acts of sexual harassment in higher education institutions as the theory put forward by Muchsin, that it can be done preventively and repressively. Preventively, namely by issuing a regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021 concerning Prevention and Handling of Sexual Violence (PPKS) in the Higher Education Environment and the newly passed regulation, namely Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence. As for repressive efforts by carrying out law enforcement rather than preventive efforts, namely solving problems by providing victims with the rights that should and should be obtained by victims, as well as imposing sanctions on perpetrators of criminal acts in accordance with applicable regulations in Indonesia.

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