Upaya Perlindungan Hukum Terhadap Santri Dari Ancaman Dan Perilaku Tindak Pidana Kekerasan Seksual Berdasarkan UU No. 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual

Abstract

In the provisions of Law 18 of 2019 concerning Islamic Boarding Schools, it is stated that santri are students who study and deepen Islamic knowledge at Islamic boarding schools. Meanwhile, Islamic boarding schools in the same law are referred to as community-based institutions and are founded by individuals, foundations, Islamic community organizations, and/or communities that instill faith and devotion to Allah SWT, instill noble morals and uphold the Islamic teachings of rahmatan lil' nature which is reflected in an attitude of humility, tolerance, balance, moderation, and other noble values ​​of the Indonesian nation through education, Islamic preaching, example, and community empowerment within the framework of the Republic of Indonesia. In this way, the existence of the students, who in fact are classified as children and the future generation of the nation in general, must be safe from threats and behavior that lead to criminal acts of sexual violence, as has often occurred in several Islamic boarding school institutions in the country. Likewise, Islamic boarding schools as institutions based on the Islamic religion must be able to safeguard, protect and provide security for the existence of students from threats and sexual criminal behavior. Sexual violence is the government's concern to continue to fight together not only in Islamic boarding schools but also outside Islamic boarding schools/general so that the government issues regulations that specifically regulate efforts to prevent sexual crimes, for example Law No. 12 of 2022 concerning Crimes of Sexual Violence, Minister of Education and Culture Regulation no. 30 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education Environments and Minister of Religion Regulation no. 73 of 2022 concerning Prevention and Handling of Sexual Violence in Education Units at the Ministry of Religion.