When the sexual violence came with the difficulties to reach advocation access towards the victims happened in educational institutions, the government responded with the issuance of the Ministerial Regulation of the Ministry of Education, Culture, Research, and Technology (Permen Dikbudristek) Number 30 the Year 2021 about The Preventing and Responding to Sexual Violence in Higher Education Institutions Environment.
To respond to the Ministerial Regulation, Muhammadiyah Council for Higher Education, Research, and Development (CHERD) agreed to fight sexual violence alongside the government.
However, Muhammadiyah through a press release of Muhammadiyah CHERD dated November 8, 2021, urged the government to revise Permen Dikbudristek 30. The request was delivered because Muhammadiyah CHERD highlighted the defective of formal and material, unfortunately, it is misunderstood by various groups as a counterproductive action against sexual violence protection.
It is untrue that Muhammadiyah supports Sexual Assault, Harassment, and Violence
On Tuesday (9/11), the Secretary of Muhammadiyah CHERD, Sayuti emphasized that Muhammadiyah has long been committed to fighting sexual violence in 166 Muhammadiyah and ‘Aisyiyah Higher Education Institutions throughout Indonesia.
“A lot of questions about the press release that Muhammadiyah supports the sexual violence. Undoubtedly, that was a wrong conclusion. The problem we tried to rise was we found the defective of formal and material included,” Sayuti said.
The crucial highlight for Muhammadiyah in comprehending Permen Dikbudristek was a line in Article 5 Verse (2) which includes the phrase “tanpa persetujuan korban” (without consent from the victim) so that the sexual activity can be allowed if there was consent from the victim. In the other words, the Permen Dikbudristek 30 contains a legal standing for immoral activity and free sex based on consent. It forced Muhammadiyah CHERD denied to legalize the Permen Dikbudristek 30 and requested the government to revoke and revise the regulation.
“The sexual relation context without following Islamic shariah (outside of marriage) in any form, which then, with the victim’s consent is right. It is still incorrect. It is an urgent material factor by an intensive discussion refused the regulation to legalize,” he added. “The line, the phrase ‘tanpa persetujuan korban’ (without consent from the victim), in our opinion, degraded the Permen Dikbudristek substance to be allowed if there is victim’s consent. We highlighted that line,” he emphasized.
Permen Dikbudristek 30 is Contraproductive with Muhammadiyah-’Aisyiyah Higher Education Institutions condition
Although Muhammadiyah is a religious civil organization, Muhammadiyah has established one century alongside the government to educate nations. Of 166 Higher Education Institutions under Muhammadiyah organization, Muhammadiyah has several universities in International recognitions. Muhammadiyah has committed to preventing the students from free sex and its various derivatives included in the Islamic and Muhammadiyah Studies (AIK) curriculum framework.
“In Muhammadiyah Higher Education Institutions system, there are 8 Academic Credit Units of the Islamic and Muhammadiyah Studies which is supported with adab (manner) guidebook of Muhammadiyah students, Baitul Arqam (Ideological Training) and many other activities to prevent the sexual relationship which is not in accordance of Islamic shariah and other religions law to disagree in sexual relationships outside the marriage,” Sayuti said.
Without the Existence of Permen Dikbudristek, Muhammadiyah Continues To Fight Against Sexual Violence.
Another reason to reverse the Permen Dikbudristek 30 is due to the formal defect. The defect is not fulfilling the openness principle in the formulating process as the provision of law and regulation formulation as in the Article 5 point (g) Undang-Undang Nomor 12 Tahun 2011 about the Establishment of Legislative Regulations. Secondly, the disorder content material of Permen Dikbudristek 30.
Moreover, the Permen Dikbudristek 30 regulates a rigid norm and reduces the autonomy of higher education institutions. “The task force has violated the Higher Education Law spirit in the campus autonomy. There is Rector, Vice-Rector in Muhammadiyah Institutions. There is also AIK institute on each campus, in Muhammadiyah, the immoral behavior becomes a bad record for lecturers, educators, and students because we have had several cases where we terminated the lecturers, we suspended them, and so on. In Muhammadiyah campuses, we have already established,” said Sayuti.
Furthermore, Sayuti emphasized that Muhammadiyah can not be tolerated to all of the sexual violence. The rejection of the Permen Dikbudristek 30, in his opinion, can not change Muhammadiyah’s attitude towards the immoral activities in the higher education institutions.
“We criticize and reject the Permen Dikbudristek from a formal and material defect perspective, but of course, we agree that it is a reminder to take preventive efforts, educate students, and if it happens, we will punish the perpetrators. There is no compromise. We should continue to uphold those very important values,” he said.
“Undoubtedly, Muhammadiyah should be absorbed and moderated. Muhammadiyah campuses are also a part of Islamic da’wah, we have this regulation or not, we are committed to establishing Muhammadiyah campuses to be freed from sexual relations outside the marriage, so it doesn’t mean we refuse,” Sayuti concluded.