Ascarya: Journal of Islamic Science, Culture and Social Studies
Vol. 6 No. 1 (2026)

Power and Silence: Constitutional and Institutional Reforms to Address Sexual Violence in Indonesian Higher Education

Muhtar Said (Universitas Nahdlatul Ulama Indonesia)
Fira Mubayyinah (Universitas Nahdlatul Ulama Indonesia)
Muhammad Adib Alfarisi (Institut Agama Islam Negeri Pontianak)
Ali Akhbar Abaib Mas Rabbani Lubis (Universitas Nahdlatul Ulama Indonesia)



Article Info

Publish Date
14 Jul 2026

Abstract

Why do comprehensive legal reforms fail to provide consistent protection for survivors of sexual violence in higher education? This article addresses this question through a qualitative doctrinal legal study informed by a Foucauldian perspective on the power relations. This analysis draws on primary legal materials, including the 1945 Constitution of the Republic of Indonesia, Law No. 12 of 2012 on Higher Education, Minister of Education, Culture, Research, and Technology Regulation No. 30 of 2021, and Law No. 12 of 2022 on Sexual Violence Crimes, complemented by relevant secondary legal materials. The findings demonstrate that Indonesia has developed an integrated legal framework that combines constitutional guarantees, higher education governance, administrative regulations, and criminal law. However, the effectiveness of this framework is shaped by institutional authority, academic hierarchy, disciplinary mechanisms, and living law, which collectively influence reporting practices, institutional accountability, and victim protection. This article argues that inconsistencies in institutional responses are explained not simply by the scope of statutory regulation but by the interaction between formal law, power relations, and living law operating within higher education institutions. By extending the concept of living law beyond its conventional association with local communities to modern organizations, this study offers a conceptual framework for understanding how legal authority acquires practical meaning in institutions.

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Journal Info

Abbrev

iscs

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The aim of the Ascarya Journal of Islamic Science, Culture & Social Studies (ISCS) is to disseminate the results of scientific research in the fields of Islamic science, culture, and social research widely. ISCS is intended to be a journal that publishes research articles in the fields of education, ...