PROBLEMATIKA FRASA “TANPA PERSETUJUAN KORBAN” DALAM PERMENDIKBUD NOMOR 30 TAHUN 2021 DITINJAU DARI ASAS MATERI MUATAN (PERSPEKTIF MAQASID SYARI’AH)

Muchammad Rijki Ramandan, NIM.: 19103070061 (2023) PROBLEMATIKA FRASA “TANPA PERSETUJUAN KORBAN” DALAM PERMENDIKBUD NOMOR 30 TAHUN 2021 DITINJAU DARI ASAS MATERI MUATAN (PERSPEKTIF MAQASID SYARI’AH). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Indonesia as a constitutional state as stated clearly in Article 1 Paragraph 3 of the 1945 Constitution of course has basic norms and basic rules in the life of the state. In recent years, the rise of cases of sexual violence against women, both female students and teaching staff, reflects the degradation of norms and morals that have occurred in higher education institutions. This triggered the issuance of Permendikbud Number 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education Environments. However, in this design there was a polemic in the community regarding the phrase "without the victim's consent" which is contained in Article 5 of the Minister of Education and Culture Number 30 of 2021. The polemic that arises because this phrase seems to legalize adultery or sexual consent as the country of Indonesia is the majority of Muslims. In this study, the authors want to analyze the material content principle of the phrase "without the victim's consent" from the perspective of positive law and Islamic law based on the Maqasid Sharia theory. This research method is descriptive analytical. The method used by the author is normative juridical which presents discussion materials systematically through various kinds of literary sources that refer to existing legal norms in relevant laws and regulations and are studied through the maqasid sharia theoretical perspective. The research data were obtained from primary and secondary data that are relevant to the research. The results of the research show that the problematic phrases that occur in the Regulation of the Minister of Education and Culture Number 30 of 2021 do not have the intent and purpose of legalizing sexual consent, but are a form of effort to prevent and deal with sexual violence in higher education institutions. However, the author does not deny that there is a need for a re-examination of the phrase "without the consent of the victim" as long as it does not reduce the principle of material content to protect sexual violence against victims.

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