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All Journal Al-Daulah : Jurnal Hukum dan Perundangan Islam Unnes Law Journal
Muharatulloh, Edshafa
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconstruction of Legal Norms Through Harmonization of Sexual Crime Laws Prehatiningsih, Febry Dwi; Muharatulloh, Edshafa; Rahmawati, Winda; Wulandari, Safira; Alfath, Tahegga Primananda
Unnes Law Journal Vol 9 No 1 (2023): Various Contemporary Issues on the Legal Protection, Justice, and Crime Managemen
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v9i1.60902

Abstract

Harmonization and synchronization are required in the development of laws and regulations in order to strengthen the law and avoid overlapping regulations. Sexual crime legislation, there is the phrase "without the consent of the victim" or better known as sexual consent in the Regulation of the Minister of Education and Culture of Research and Technology Number 30 of 2021 concerning the prevention and handling of violence in the higher education environment (Permendikbudristek 30/2021), the term of sexual consent is not in line with the sexual crime regulations in other laws and regulations. This research method uses a normative approach that refers to legislation and norms, as well as a conceptual approach to explain the theory used systematically. The results of the study indicate that sexual consent is inappropriate for sexual violence, because sexual consent is contrary to the Criminal Code, the Law on the Elimination of Domestic Violence, the Trafficking in Persons Act, the Pornography Law, and the Act Sexual Violence.
The Effect of Muslim Community Acceptance of Sexual Consent on the Effectiveness of the Minister of Education, Culture, Research and Technology Regulation Number 30 of 2021 Alfath, Tahegga Primananda; Rahmawati, Winda; Wulandari, Safira; Prehatiningsih, Febry Dwi; Muharatulloh, Edshafa
Al-Daulah: Jurnal Hukum dan Perundangan Islam Vol. 12 No. 2 (2022): October
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/ad.2022.12.2.269-297

Abstract

This study aims to analyze the effect of Muslim community acceptance on the effectiveness of the Regulation of the Minister of Education, Culture, Research and Technology Number 30 of 2021 (Permendikbudristek No. 30 of 2021). The presence of the phrase "sexual consent" hereinafter referred to as sexual consent in Permendikbudristek No. 30 of 2021 has an impact on the issue of refusal of sexual consent among the Muslim community. As a country that is imbued with religious beliefs, especially Islam, the Muslim community is of the view that the existence of sexual consent can injure the noble values of the One Godhead. The rolling issue of refusal can affect the effectiveness of the law. This study uses a socio-legal legal research method with a sociological approach and a conceptual approach. Sources of data using primary and secondary data with data collection techniques through interviews and survey methods. The data obtained from the survey were analyzed using a simple linear regression equation. The results showed that based on the results of linear regression analysis, the acceptance of the Muslim community towards sexual consent has a significant effect on the effectiveness of Permendikbud No. 30 of 2021. The form of acceptance of the Muslim community tends to be in the form of rejection of sexual consent regulated in Permendikbud No. 30 of 2021. Keywords: Legal Effectiveness, Sexual Consent, Muslim Society, Divine Values.
Co-Authors Prehatiningsih, Febry Dwi Tahegga Primananda Alfath Winda Rahmawati Wulandari, Safira