10.2.1. Proportion of first-generation students
Number of students starting a degree
Number of first-generation students starting a degree
10.3.1. Proportion of international students from developing countries
Number of students
Number of international students from developing countries
10.4.1. Proportion of students with disabilities
Number of students
Number of students with disability
10.5.1. Proportion of employees with disabilities
Number of employees
Number of employees with disability
Non-discriminatory admissions policy
Have an admissions policy which is non-discriminatory or which details and explains the logic for any appropriate positive discrimination policies in admissions
Our Faculty ensure that everyone should have equal access to education. Most of the roads in Faculty of Law Universitas Indonesia are already disabled friendly, we remove the barrier for wheelchair users. Moreover, we also provide special restrooms for disable people. In addition, our students who are disable (for instance, blind or wheelchair users) have graduated from our campus successfully.
Sexual violence on the internet is on the rise during the pandemic and it targets young people: recognize its form and what can be done? By Lidwina Inge Nurtjahyo
https://law.ui.ac.id/kekerasan-seksual-di-internet-meningkat-selama-pandemi-dan-sasar-anak-muda-kenali-bentuknya-dan-apa-yang-bisa-dilakukan-oleh-lidwina-inge-nurtjahyo/The pandemic that has forced many people to live in cyberspace to prevent the transmission of the virus has exposed women to a new form of violence, which is online-based gender violence. This violence is an assault on a person’s body, sexuality, and gender identity that is facilitated by digital technology.
Recent data shows online-based gender violence is estimated to increase by more than 40% this year. There were 281 cases recorded throughout 2019, while there have been 659 cases in the last 10 months alone.
Recent research also states that most of the victims came from the younger generation. This can happen because most of the internet users are young people, both for work and study purpose.
From the gender aspect, those who are vulnerable to being victims are women, constitute of 71% of the victims.
Unfortunately, until now, Indonesia does not have clear regulations regarding online gender-based violence.
This article attempts to explain the various forms of online gender-based violence and what legal remedies can be taken against the perpetrators.
Forms of online gender-based violence
Online gender-based violence is based on unequal power relations. The perpetrator’s goal is usually to get sexual or financial benefit or both, by causing discomfort and harm to the victim. The distinctive character of this form of violence is the involvement of digital technology.
There are at least three forms of online gender-based violence in Indonesia that are rife:
Technology-facilitated sexual violence
In this case, the perpetrator commits sexual violence (obscenity, sexual torture, rape, exploitation of one’s body) against another person via the internet in real time. These interactions are paid and exclusive.
One case occurred in Aceh. A group of students were tricked by a network of perpetrators to post their nude pictures via social media. Then sexually exploited via the internet and forced into prostitution in the real world. In Bojonegoro, East Java, a teacher took pictures of naked victims and then sold them on the internet. He then also forced the victims to have sex both on the internet and face-to-face.
Spread of sexual content
This action is in the form of distributing photos, videos, and screenshots of conversations between the perpetrator and the victim. The content that is distributed contains intimate elements and victim pornography. An example of this case is the distribution of nude photos of 14 teenage girls in South Lampung. They became acquainted with the perpetrator on social media and were then threatened and coaxed into taking nude photos. These threats and actions are carried out with the aim of obtaining sexual and financial benefits from the victim.
Revenge with pornography
This form of violence involves parties who have intimate relationships. Perpetrators share intimate content with victims in order to defame the victim, seek revenge, or obtain financial gain. One example of this is the distribution of intimate photos of ex-girlfriends by students in Banyumas, Central Java.
The perpetrators are usually husbands, ex-husbands, ex-girlfriends, mistresses, or superiors of the victim.
Legal effort
The case resolution of online gender-based violence in Indonesia is still very limited, because there is no clear regulation yet. The law enforcement officers still lack the ability to handle these cases. Not infrequently, many victims are actually criminalized for reporting their case.
Apart from these shortcomings, there are several actions that individuals can take when they find themselves as the victims of online gender-based violence based on guidelines from SAFENet (Southeast Asia Freeedom of Expression Network), a non-governmental organization engaged in the protection of the right to freedom of expression and protection. personal data in Southeast Asia.
First, the victim needs to compile the chronology of his case for reporting purposes.
Second, save evidence in the form of screenshots of pictures or conversations, voice or video recordings.
Third, cut off communication with the perpetrator when sufficient evidence has been collected. In addition, it is important for victims to conduct psychological consultations in order to recover and strengthen victims during the reporting process.
Fourth, at the reporting stage to legal channels, it is important to carry out risk mapping. At this stage, it is important for the victim and her companion to map out the options for resolving the case and what risks the victim will face. For example, if the victim submits a report to the police, the victim must be prepared to deal with the interrogation process which tends to be tiring and lengthy.
Fifth The next step is to report the perpetrator to the relevant digital platform. After that, the victim submits a case to law enforcement officers by attaching the evidence file that has been collected.
Resource: https://theconversation.com/kekerasan-seksual-di-internet-meningkat-selama-pandemi-dan-sasar-anak-muda-kenali-bentuknya-dan-apa-yang-bisa-dilakukan-152230
The Polemic of Chemical Castration for Sexual Violence Perpetrators By: Nathalina Naibaho and Tunggal S
https://law.ui.ac.id/polemik-kebiri-kimia-bagi-pelaku-kekerasan-seksual-oleh-nathalina-naibaho-dan-tunggal-s/The Indonesian government has issued Government Regulation no. 70 of 2020 about Procedures for Implementing Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children as a derivative of Law no. 17 of 2016 concerning Child Protection. This rule authorizes the state to be able to impose Chemical Castration Actions for Perpetrators of Sexual Intercourse against Children, which is the act of chemical castration as the administration of chemical substances through injection or using other methods.
This chemical castration action is only conducted on adult perpetrators who have been convicted of committing violence or threats of violence, to forcing a child to have sexual intercourse with him or with other people, whose actions have caused more than one victim, resulted in serious injuries, mental disorders, infectious diseases, disturbed or loss of reproductive function, and/or the victim dies, which aims to suppress excessive sexual desire, which is accompanied by rehabilitation. This chemical castration action will be carried out after the perpetrator has served his main crime. The enactment of this regulation is expected to be an answer to the implementation of chemical castration in practice.
The decision of the Mojokerto District Court No. 69/Pid.Sus/2019/PN.Mjk was the first decision which ordered the imposition of chemical castration for the convict M. Aris, after completing his imprisonment. However, on the other hand, the action of chemical castration has drawn criticism, including from professional alliances, regarding its impact on the convict, the basic rights of the convict who are vulnerable to being violated, and who will carry out the execution? Thus, this paper is intended to make it clear what the purpose of chemical castration is, who should be subjected to this action, and the polemics that have arisen regarding its application.
Indonesian Criminal Philosophy
There are two main streams that have developed in Indonesia, namely the retributive and utilitarian schools that form theories of the purpose of punishment, namely retributive theory, deterrence/prevention theory, rehabilitation theory, resocialization theory and integrative theory. Retributive theory is often referred to as a retaliation that people who have committed crimes must get punishment as a consequence, so that the punishment received by a person is already an inseparable part of the crime he has committed. The deterrence theory explains that the criminal has a purpose other than just revenge against the perpetrator.
Jeremy Bentham argues that criminal has the aim to prevent all offenses (to prevent all offenses); prevent the worst offenses (to prevent the worst offenses); suppress crime (to keep down mischief); and/or reduce losses with the smallest cost (to act the least expense). Furthermore, the theory of rehabilitation, departs from the view that the cause of people committing crimes is due to an illness, so that sentencing aims to improve the perpetrator’s self which focuses on social and moral treatment of the convict so that he can re-integrate into society.
The theory of resocialization requires that sentencing aims to prepare criminals to return to society, as whole humans. So it is deemed necessary to equip the perpetrators with the various skills and abilities needed so that they can live independently in society. If punishment has an orientation as retaliation, prevention and deterrence, community protection, treatment, correctional and compensation, then the combination of all the goals of punishment becomes the goal of integrative theory. To find out what goals are to be achieved from a threat or imposition of sanctions, it can be examined from the objectives contained in the rules section, in academic texts and minutes of meeting the formulation of a provision and can also be found in consideration in a decision, even though to find out the purpose of sentencing. adopted by law enforcement officers is not an easy thing because this goal is not always explained in the legal products it produces.
The Purpose of Criminalization in Imposing Chemical Castration in Indonesia
In Law no. 17 of 2016 and PP No. 70 of 2020 it can be seen that the purpose of adding provisions regarding chemical castration, installation of detection equipment and rehabilitation is to overcome sexual violence against children, provide a deterrent effect on perpetrators, and prevent sexual violence against children. Then, the imposition of chemical castration will be accompanied by the installation of detection devices and rehabilitation for perpetrators.
Based on the literature research that has been done, it was found that chemical castration will be effective if it is imposed on sex offenders who suffer from pedophilic disorders. Perpetrators of sexual intercourse with children who suffer from pedophilic disorders are perpetrators who experience health problems, therefore they need to be treated to prevent similar crimes from happening again. The healing process can be applied by reducing the perpetrator’s hormone production as well as doing psychological rehabilitation, both of which can eliminate the perpetrator’s deviant sexual urges.
In the event that the perpetrator of sexual intercourse with a child is not a person with a pedophile disorder, then the perpetrator does not have a health disorder that needs to be treated. Thus, the act of chemical castration is actually not only a sanction aimed at rehabilitation, but has a purpose as retaliation and as a form of accountability for the crime that has been committed, which is an integration of the theory of retaliation and the theory of prevention.
The action of chemical castration has the purpose of rehabilitation if it is imposed on perpetrators who suffer from pedophilic disorders, because chemical castration aims to cure the “disease” contained in the perpetrator that causes him to commit a crime. Then, this sanction will be retributive if chemical castration is imposed on perpetrators of sexual violence who do not suffer from pedophilic disorders. The application of chemical castration for perpetrators who do not have pedophilic sexual deviations will be something that has no benefit and only creates fear for the perpetrators. Therefore, in an effort to respect the basic rights of the perpetrators, prior to the prosecution process in the criminal justice system, it is necessary to carry out a comprehensive health and mental examination of the perpetrators as a mitigation effort in order to reduce the risk of other unexpected impacts after the implementation of chemical castration.
The Practice of Chemical Castration in Indonesia
Based on PP No. 70 of 2020, chemical castration is imposed on perpetrators of sexual intercourse based on a court decision that has permanent legal force, given for a maximum period of two years accompanied by rehabilitation and financed by the state. Next, questions arise, such as: What is the basis for the duration of this chemical castration action; Has in-depth research been done? Will the duration be the same for all actors? What if within two years there are no significant hormonal changes for the perpetrator, so that the perpetrator has the potential to repeat the crime? This question will be homework for stakeholders.
Then, the implementation of chemical castration will be carried out in three stages. First, clinical assessment, which is carried out by officers who have competence in the medical and psychiatry fields originating from the coordination of the ministry of health with the prosecutor’s office. Clinical assessment includes clinical and psychiatric interviews, physical examination and investigations. Second, a conclusion that contains the results of a clinical assessment that ensures that perpetrators of sexual intercourse with children are eligible or not eligible to be subjected to chemical castration. Third, the implementation of chemical castration. In the event that the conclusion on the clinical assessment states that the perpetrator of sexual intercourse with a child is not eligible to be subjected to chemical castration, the implementation of the chemical castration action is postponed for a maximum of six months.
During the postponement period, a re-clinical assessment and re-conclusion will be carried out to determine whether or not it is appropriate to be subjected to chemical castration. If the re-clinical assessment and re-conclusion still state that the perpetrator of sexual intercourse with a child is unfit to be subjected to chemical castration, the prosecutor will notify in writing to the court of first instance that decides the case by attaching the results of the re-clinical assessment and re-conclusion. Meanwhile, if the conclusion of the clinical assessment states that the perpetrator of sexual intercourse with a child deserves to be subjected to chemical castration, then within a maximum period of seven working days after the conclusion of the clinical assessment is received, the prosecutor will order the doctor to carry out chemical castration.
Chemical castration will be carried out in government-owned hospitals or designated regional hospitals in the presence of prosecutors, representatives from the Ministry of Law and Human Rights, the Ministry of Social Affairs, and the Ministry of Health. The implementation of chemical castration for perpetrators of sexual intercourse with children is carried out together with psychiatric rehabilitation, social rehabilitation, and medical rehabilitation. The implementation of this rehabilitation is started no later than three months after the implementation of the chemical castration action. The rehabilitation period is in accordance with the implementation of the chemical castration action, and can be extended for a maximum period of three months after the last chemical castration action was implemented. According to the author, the determination of this time period needs to be based on in-depth research, is flexible and can be applied differently and needs to be evaluated for each actor with their respective characteristics.
Furthermore, chemical castration cannot be imposed on child perpetrators, namely those who at the time of committing the crime were not yet 18 years old. For perpetrators whose age is between 18-21 years at the time of committing a crime and sentenced to prison for 10 years, then undergoing chemical castration after the main crime is completed, who is still under 35 years of age and his hormonal function is still very good, what is the impact? chemical castration against the young perpetrator? What about adult female perpetrators or adult transsexuals? When talking about cases of sexual violence, what people usually have in mind is that the perpetrator is an adult male, but it is possible that the crime was committed by an actor with another gender/sexual orientation.
Officers who carry out chemical castration are special officers who have competence in their fields and are carried out on the orders of the prosecutor, as part of carrying out court decisions. The discussion that emerged regarding the code of ethics from the implementation of chemical castration could be resolved through the theory of medical bioethics, which became a bridge when there was an argument between medical science, ethics, morals, other disciplines such as law that emerged as a result of developments and advances in medical science, science and technology. , and biotechnology. So it is possible that doctors can perform castration/chemical castration as part of the implementation of court decisions that deserve respect and answer the discourse in terms of ethics, medicine and law.
Closing
Chemical castration is a state response that has been awaited by justice-seeking communities affected by cases of sexual violence against children. However, this breakthrough in child protection law enforcement needs to be based on thorough testing and assessment from a medical, psychological, and legal perspective as an effort to mitigate the impact caused by chemical castration. The impact that may be felt by the perpetrator as a result of chemical castration is depression, where the perpetrator may feel worried about the negative consequences that arise from the chemical castration action imposed on him.
Furthermore, stigma from the community can be experienced when their identity is announced and the installation of electronic detection devices can trigger the perpetrator to repeat his actions or injure himself even though this aims to improve the condition of the perpetrator and can also aim to free the perpetrator from guilt. Responding to this, the retributive spirit that wants to punish the perpetrators excessively from all elements of society needs to be guarded by criminal law and the criminal justice system. In this case, chemical castration can only be applied to perpetrators of sexual violence with certain qualifications and its implementation is carried out by officers with certain competencies. The determination must be based on the results of an examination of the physical and psychological health of the perpetrator. The data is obtained through proper and complete clinical trials before the prosecution process against the perpetrators begins.
After the chemical castration action is carried out, continuous monitoring and medical assistance on the physical and psychological health conditions of the perpetrators of sexual violence need to be carried out to ensure whether the objectives of the actions imposed on the perpetrators can be achieved. The purpose of the chemical castration action is a combination of deterrence, prevention and rehabilitation for adult perpetrators in cases of sexual violence against children with pedophilic disorders. Including achieving the objectives of regulating chemical castration, namely to overcome the rampant cases of sexual violence against children, provide a deterrent effect on perpetrators, and prevent sexual violence against children. Hopefully the stakeholders can answer the existing polemic.
Source: https://www.hukumonline.com/berita/baca/lt60191b7c4187b/polemik-kebiri-kimia-bagi-pelaku-kekerasan-seksual-oleh–nathalina-naibaho-dan-tunggal-s?page=3
Faculty of Law Universitas Indonesia Holds Training on Handling Sexual Violence in Children in Depok
Children are a group that is very vulnerable to being victims of sexual violence. Especially with the “study from home” policy promoted by the government during the COVID-19 pandemic, making children even more vulnerable even in their own homes. According to the National Commission for Child Protection, it was recorded that during the 2020 period, the number of violence against children increased by 38 percent. As many as 52% of these cases were cases of sexual violence. East Java Province is the area with the most reported cases of violence against children, followed by the Greater Jakarta area. This includes Depok, which has committed itself as a Child Friendly City.Starting from this problem, the Community Service team of the Faculty of Law, Universitas Indonesia, led by Dr. Wirdyaningsih, S.H., M.H. held a Training “Education and Facilitation of Handling Sexual Violence in Children to Support Depok as a Child-friendly City”. This training was held on 12-13 January 2022 and took place at the Djokosoetono Auditorium, FHUI Depok.
This education was provided by providing briefing from a legal and psychological perspective to 35 people from the cadres of the Technical Implementation Unit (UPTD) for the Protection of Women and Children (PPA) of Depok City. This activity aims to strengthen the cadre of companion cases of sexual violence against children, from a legal and psychological perspective as well as to support Depok City as a Child Friendly City.
Also in this training, the Head of the Office of Women’s Empowerment, Child Protection, Population Control and Family Planning (DP3AP2KB), drg. Nessy Anisa Handari reminded that even though Depok City was awarded the Nindya rank by the Central Government, it did not mean that Depok was free from the problem of sexual violence against children. There is still a lot of work to be done in building a child-friendly city support system based on children’s rights. Of course, this support system will not succeed if there is no understanding and awareness of all parties about the dangers of sexual violence against children and the integration of commitment from government, community and business resources.
The first day of the training was filled by resource person Evi Risna Yanti, S.H., M.Kn., a PAHAM advocate who is experienced in handling legal cases of sexual violence against children. In addition to providing material on legal protection in sexual violence against children, handling violence against children in the police, and procedures for assistance and services for women & children victims of violence, this event also held discussions in small groups regarding case studies of sexual violence against children that occurred. in the surrounding environment.
Meanwhile, the second day of training was delivered by Muhammad Iqbal, Ph.D, a Psychologist and Lecturer of the Faculty of Psychology at Mercu Buana University and the CEO of the Counseling House. This session was followed by a group discussion on assessment and assistance to children who are victims of violence and healing techniques for children who are victims of violence.
Source: https://law.ui.ac.id/fhui-mengadakan-pelatihan-penanganan-kekerasan-seksual-pada-anak-di-depok/
https://www.viva.co.id/edukasi/1443904-fhui-beri-pelatihan-penanganan-kekerasan-seksual
10.6.2. Access to university track underrepresented groups applications
Measure and track applications and admissions of underrepresented (and potentially underrepresented) groups including ethnic minorities, low income students, non-traditional students, women, LGBT students, and disabled students, and newly settled refugee students.
10.6.3. Access to university underrepresented groups recruit
Take planned actions to recruit students, staff, and faculty from under-represented groups
10.6.4. Anti-discrimination policies
Have anti-discrimination and anti-harassment policies
10.6.5. University diversity officer
Have a diversity and equality committee, office or officer (or the equivalent) tasked by the administration or governing body to advise on and implement policies, programmes and trainings related to diversity, equity, inclusion and human rights on campus.
10.6.6. Support for underrepresented groups
Provide mentoring, counselling, or peer support programmes to support students, staff, and faculty from underrepresented groups.
10.6.7. Accessible facilities
Provide accessible facilities for people with disabilities.
10.6.8. Disability support services
Provide accessible facilities for people with disabilities.
10.6.9. Disability access scheme
Provide access schemes for people with disabilities such as mentoring or other targeted support
Mentoring
Other targeted support
10.6.10. Disability accommodation policy
Have reasonable accommodation policy or strategy for people with disabilities including adequate funding