10. Apa Saja Sanksi untuk Pelaku Kekerasan Seksual? (Kekerasan Seksual)

Overview

The video explains the legal and administrative sanctions for perpetrators of sexual violence in Indonesian educational settings, emphasizing prevention and victim protection.

Policy Background

• The Ministry of Education, Culture, Research, and Technology issued Permendikbudristek No. 30 of 2021 on preventing and handling sexual violence in higher education.
• Earlier rules for elementary and secondary schools existed under Permendikbud No. 82 of 2015 on preventing and handling violence in education units.
• In May 2022, the House of Representatives passed Indonesia’s Law on the Crime of Sexual Violence, strengthening victim protection and clarifying consequences for perpetrators.

Purpose of the Law

• Sexual violence is described as causing serious, often long-lasting damage to victims’ lives, including disrupting education continuity and affecting children’s future.
• The law seeks to:
  • Provide deterrence
  • Ensure justice
  • Prevent recurrence
• It also expands victims’ rights, including multidimensional, victim-centered protection and recovery/rehabilitation.

Sanctions for Perpetrators in Education Units

A. If the Perpetrator Is an Educator/Education Staff

Sanctions are administrative within the educational unit:

• Light sanctions
  • Written warning
  • Written apology statement (published internally and in mass media)
• Medium sanctions
  • Temporary dismissal from the position (no right to hold office)
  • Those receiving light/medium sanctions must attend a counseling program at an institution designated by the task force team
• Heavy sanctions
  • Permanent dismissal from their educator/education staff role in the assigned educational unit

B. If the Perpetrator Is a Student

Sanctions are implemented through educational-unit measures:

• Verbal warning, written warning, and other educational actions
• Reduction of student rights, including reduced participation in teaching/learning activities
• Revocation of scholarships or reduction of other student rights within the educational unit
• After sanctions that reduce rights, the student perpetrator must undergo counseling/rehabilitation through institutions designated by the task force until rehabilitation is completed

C. Legal Handling for Students in Conflict with the Law

For student perpetrators, the case should follow Indonesia’s Child Criminal Justice System, from investigation through guidance after criminal processing, guided by principles such as:

• Non-discriminatory justice
• Best interests of the child
• Respect for survival and development
• Proportional deprivation of liberty
• Punishment as a last resort

D. Additional and Heavier Sanctions by the Task Force

The task force may impose sanctions heavier than educational-unit recommendations, particularly when:

• The victim is a person with a disability
• The impacts are severe

Financial Responsibility and Compensation

• Perpetrators (educators or students) must provide compensation, which may include:
  • Material compensation
  • Immaterial compensation
• Compensation is based on determinations of losses made by the task force or the court (including losses suffered by the victim or heirs).

Mandatory Legal Process for Severe/Heavy Cases

• Even if educators or students receive heavy sanctions, they must still follow the applicable legal process under the sexual violence crime law.

Overall Message

• The video frames strong sanctions as necessary for:
  • Justice
  • Prevention
• This approach is presented as reducing the likelihood of repeated sexual violence cases.
• Educational units are also portrayed as gaining “good credit” when they handle cases properly to help create schools free from sexual violence.

Presenters or Contributors

• Kiki (host)
• Nadiem Makarim (Minister of Education, Culture, Research, and Technology; referenced as issuing Permendikbudristek No. 30 of 2021)
• N/A (other specific individuals not named in the subtitles)