CD Tesis

Fungsionalisasi Hukum Pidana Dalam Memberikan Perlindungan Hukum Terhadap Kekerasan Seksual Di Perguruan Tinggi

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Sexual harassment occurs when the perpetrator has more power than the
victim. Sexual harassment is a problem that requires special attention from the
government because it is related to the morality of the nation's generation. In this
case the court which is an agency or institution that handles legal issues needs to
pay attention to cases related to victims of sexual crimes. Lately, the world of
education has been shocked by cases of sexual harassment in various tertiary
institutions. For this reason, legal protection is needed for victims of sexual
violence in tertiary institutions based on Permendikbud Number 30 of 2021 due to
the large number of cases of sexual harassment that have occurred between
lecturers and students. Formulation of the problem how is the functionalization of
criminal law in providing legal protection against sexual violence in tertiary
institutions, how is the interpretation of the law by judges against sexual
harassment in tertiary institutions. The research method in this thesis uses the
type of research used in writing this law is normative legal research, namely an
approach that is carried out by examining library materials or secondary data on
legislation related to research. The results of the study show that legal protection
for victims of sexual violence in tertiary institutions is based on Permendikbud
Number 30 of 2021 due to the many cases of sexual harassment that occur
between lecturers and students both during learning, written guidance such as
theses, and research when lecturers invite their students. The existence of
Permendikbud Number 30 of 2021 aims to prevent and prohibit violence and
sexual harassment. What is meant by victims are students, educators, education
staff, campus residents. In addition, the Task Force for the Prevention of Sexual
Violence (P3KS) is expected to act as a form of protecting human rights and being
gender sensitive. Meanwhile, the judge's interpretation of the law on sexual
harassment at the University of Riau stated that elements of violence or threats of
violence could not be fulfilled. Because the primary charges were not proven, the
charges could not be accepted. In addition, the judge assessed that there were no
witnesses in that case who could prove that sexual violence occurred. This is
because all the witnesses in that case only heard the testimony of the victim's
witness. Legal interpretation by judges is based on the Law of the Republic of
Indonesia Number 48 of 2009 concerning Judicial Power to try cases.
Key Words : Legal Protection, Sexual Violence, Legal Interpretation.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1810246807

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Tesis Ilmu Hukum., 2022

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1810246807

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

ILMU HUKUM

Info Detail Spesifik

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Pernyataan Tanggungjawab

FATAH

Versi lain/terkait

Lampiran Berkas

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