- memaksa seseorang melakukan hubungan kelamin sesama jenis, ancaman pidananya 5 (lima) tahun penjara
sebagaimana ketentuan Pasal 292 KUHP. Dilihat dari isinya, Pasal 81 ayat (1) UU 23/2002 jo UU 35/2014 berisi setiap
orang yang dengan sengaja melakukan kekerasan atau ancaman kekerasan memaksa anak melakukan persetubuhan
dengannnya atau dengan orang lain, dipidana dengan pidana penjara paling lama 15 (lima belas) tahun dan paling
singkat 3 (tiga) tahun dan denda paling banyak Rp300.000.000,00 (tiga ratus juta rupiah) dan paling sedikit
Rp60.000.000,00 (enam puluh juta rupiah).
- Pasal 82 UU23/2002 jo UU 35/2014 berbunyi setiap orang yang dengan sengaja melakukan kekerasan atau ancaman
kekerasan, memaksa, melakukan tipu muslihat, serangkaian kebohongan, atau membujuk anak untuk melakukan atau
membiarkan dilakukan perbuatan cabul, dipidana dengan pidana penjara paling lama 15 (lima belas) tahun dan paling
singkat 3 (tiga) tahun dan denda paling banyak Rp 300.000.000,00 (tiga ratus juta rupiah) dan paling sedikit Rp
60.000.000,00 (enam puluh juta rupiah).
- KUHP Pasal 287 ayat (1) menyebut barang siapa bersetubuh dengan seorang wanita di luar perkawinan, padahal
diketahuinya atau sepatutnya harus diduganya bahwa umumnya belum lima belas tahun, atau kalau umurnya tidak
jelas, bawa belum waktunya untuk dikawin, diancam dengan pidana penjara paling lama sembilan tahun
Apabila pelaku kekerasan seksual adalah anak, usia antara 14 (empat belas) tahun sampai dengan kurang dari 18
(delapan belas) tahun, menurut UndangUndang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, Pasal 5
ayat (3) menjelaskan bahwa dalam Sistem Peradilan Pidana Anak, wajib diupayakan diversi. Pengertian diversi menurut
Pasal 1 angka 7 UU 11/2012, adalah pengalihan penyelesaian perkara Anak dari proses peradilan pidana ke proses di luar
peradilan pidana.
Selanjutnya dalam Pasal 58 tercantum: 16 Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak.
(1) Setiap anak berhak untuk mendapatkan perlindungan hukum dari segala bentuk kekerasan fisik atau mental,
penelantaran, perlakuan buruk, dan pelecehan seksual selama dalam pdpengasuhan orang tua atau walinya, atau pihak
lain manapun yang bertanggungjawab atas pengasuhan;
(2) Dalam hal orang tua, wali, atau pengasuh anak melakukan segala bentuk penganiayaan fisik atau mental,
penelantaran, perlakuan buruk, dan pelecehan seksual termasuk pemerkosaan, dan atau pembunuhan terhadap anak
yang seharusnya dilindungi maka harus dikenakan pemberatan hukuman
materi pencegahan kekerasan seksual sebagai bagian dari kegiatan life skill yang dilaksanakan di sekolah maupun
di luar sekolah. Materinya adalah, 4 (empat) organ yang tidak boleh dipegang oleh siapapun, kecuali oleh orang tua (ibu)
dan dokter (tatkala ia sakit, dengan pendampingan orang tua). Organ tubuh tersebut adalah dada (buah dada),
selangkangan (depan dan belakang) serta pantat, dengan mengetahui bahwa organ tersebut adalah organ terlarang,
anak dapat melindungi ataupun menolak apabila ada seseorang yang akan melakukan percobaan kekerasan seksual
contoh lagu dari tk "Ku Jaga Diriku" atau lebih dikenal dengan "Sentuhan Boleh Sentuhan Tidak Boleh."
Sentuhan boleh
Sentuhan boleh
Kepala tangan kaki
Karena sayang karena sayang
Karena sayang
Sentuhan boleh
Sentuhan boleh
Kepala tangan kaki
Karena sayang karena sayang
Karena sayang
Sentuhan tidak boleh
Yang tertutup baju dalam
Katakan tidak boleh
Lebih baik menghindar
Bilang ayah ibu
FYI
Perbedaan sex dan gender
Seks
Seks adalah pembagian dua jenis kelamin, yakni laki-laki dan perempuan, yang ditentukan secara biologis. Seks juga
berkaitan dengan karakter dasar fisik dan fungsi manusia, mulai dari kromosom, kadar hormon, dan bentuk organ
reproduksi.
Gender
gender adalah persepsi masyarakat yang secara sosial telah dibangun dan mengacu pada peran, perilaku, dan identitas
seseorang. Dalam hal ini, gender seseorang tidak ditentukan berdasarkan jenis kelaminnya.
Ada beberapa istilah yang termasuk ke dalam pembahasan gender, yakni:
Identitas gender
Identitas gender adalah pandangan seseorang terhadap gendernya sendiri, terlepas dari apa jenis kelamin ia saat lahir.
Beberapa identitas gender yang umum adalah pria, wanita, nonbiner, dan genderqueer atau transgender.
Cisgender
Cisgender adalah istilah yang kerap digunakan bagi seorang individu yang merasa bahwa identitas gender dirinya sejalan
dengan jenis kelamin yang ia miliki.
Transgender
Istilah transgender mengacu pada seseorang yang merasa bahwa identitas dirinya berbeda dari jenis kelamin mereka.
Nonbiner
Nonbiner adalah istilah yang digunakan untuk mendeskripsikan seseorang yang tidak ingin identitas dirinya
dikategorikan sebagai laki-laki maupun perempuan.
Selain beberapa istilah diatas, ada juga istilah ekspresi gender. Istilah Ini mengacu pada bagaimana seseorang
mengekspresikan dirinya, baik dalam berperilaku, berpakaian, bersuara, atau memilih potongan rambut tanpa terpaku
pada jenis kelaminnya. Istilah yang umumnya melekat pada ekspresi gender adalah maskulin, feminin, dan androgini.
Seks adalah perbedaan biologis seorang laki-laki dan perempuan yang sudah dibawa sejak lahir. Sedangkan, gender
adalah karakteristik laki-laki dan perempuan yang dibentuk dan dibangun dalam lingkungan sekitar atau masyarakat.
2. ENFORCEMENT OF SEXUAL VIOLENCE PREVENTION RULES IN ISLAMIC BOARDING SCHOOL
Prevention efforts so that cases of harassment in Islamic boarding school do not recur:
Education about sexuality must be done from an early age, how a child should be able to maintain his body, keep his
gaze, keep his genitals. This education is carried out before children enter the pesantren.
Make families, especially children, aware of potential situations that could drag into the abyss of abuse.
-Do not hesitate and hesitate to discuss the issue of sexual harassment that appears in mass media reports.
Train yourself and your children to be assertive even if it may be contrary to their character.
-Children must be trained in coping and problem-solving skills. The trick is to confront children with daily problems,
parents control what children will do when facing problems.
-Smart to choose an educational institution for his child. Many aspects need to be considered ranging from costs,
facilities, learning methods, the origin of teacher education, founders, foundations, to the legality of the institution.
These skills and courage can be a child's capital when facing problems. The task of parents is to give children
opportunities to skillfully solve their problems, not take over children's problems. Taking over this child's problem makes
the child not independent in the face of difficulties.
In terms of Pesantren Rules
Parents need to ensure that the pesantren they want to enter has rules related to violence agreed upon when
registering. Rules should be clear and reasonable.
"So there is trust and responsibility between fellow students and teachers to always behave well."
Parents and children should know the flow of reporting when violence occurs. To whom will the child/student seek
protection and report when he or she senses a crime.
-Continuous socialization so that children / students feel that reporting a case of violence is the thing to do.
Open communication between children, parents and teachers. It serves as social control. Communication cannot only be
done by parents and teachers, because the child's psychological condition must still be maintained and controlled by
direct communication (using telephone connections). Voice, words, intonation will indicate the psychological condition of
the child when far away from parents
-Cooperate with law enforcement officials and enforce rules as fairly as possible.
The following are the rules for handling sexual violence in education units under Kekemenangan based on the Regulation
of the Minister of Religious Affairs of the Republic of Indonesia Number 73 of 2022.
Rules for Reporting Sexual Violence in Madrasah & Pesantren
Sexual assault reports contain at least information about:
- Identity of the whistleblower
- Identity of the victim
- Identity of the alleged perpetrator
- The type of sexual violence that occurred
- Time and place of occurrence.
- Other related parties.
Protection is provided as long as the protected party comes from the education unit concerned
Protection is provided in the form of:
- Protection of identity confidentiality
- Provision of information on rights and protection facilities
- Provision of access to information on the implementation of protection
- Sustainability assurance to complete education for learners
- Guarantee of continuity of work as educators and / or education personnel in the education unit concerned, and / or
other protection in accordance with the provisions of laws and regulations
Protection of children who are in conflict with the law or children as perpetrators include:
- Protection of identity confidentiality
- Sustainability assurance to complete education for learners
- Humane treatment.
Rules for Assistance in Handling Sexual Violence in Madrasah & Pesantren
The head of the education unit provides assistance by companions to witnesses, victims, and children of Perpetrators of
Sexual Violence. Assistance includes counseling, health services, legal aid, and rehabilitation services.
If the education unit is unable to provide assistance, its leadership coordinates and cooperates with:
- Ministry of Law and Human Rights
- Witness and Victim Protection Agency
-College
- Local government technical unit dealing with child protection
- Health department
- Social services
- Professional organizations
- Legal aid institutions
- Community-based child protection service providers
- Religious civic organizations
- Religious institutions
- Other elements.
If the witness or victim is a person with a disability, assistance is carried out by taking into account the needs of
the person with a disability.
Rules for Sexual Violence Enforcement in Madrasah & Pesantren
Education unit leaders take action against reported sexual violence committed by educators, education staff, and
students over the age of 18 years.
Enforcement is carried out in the form of:
- Temporary exemption from duties and/or positions
- Temporary exemption from reported education services.
Sanctions for Perpetrators of Sexual Violence in Schools in Madrasah & Pesantren
-The imposition of administrative sanctions for perpetrators of sexual violence who have the status of civil servants is
carried out in accordance with the provisions of laws and regulations regarding civil servant discipline.
-The imposition of administrative sanctions for perpetrators of sexual violence who do not have the status of civil
servants is carried out in accordance with the provisions regulated by the education unit organizers.
-Education unit leaders are also required to report on the implementation of sexual violence prevention and handling at
least 1 time a year.
1. The focus of Permendikbud Number 30 of 2021 is Sexual Violence
- Article 1, the definition of sexual violence is any act of degrading, insulting, harassing, and/or attacking a person's body,
and/or reproductive function, due to imbalances in power relations and/or gender, which results or can result in
psychological and/or physical suffering including those that interfere with a person's reproductive health and lose the
opportunity to carry out higher education safely and optimally.
2. Prioritize Victims' Rights
The protection and rights of victims are the top priorities in Permendikbud Number 30 of 2021. "The target of the
Ministry of Education and Culture is to protect tens of thousands or even hundreds of thousands of victims and to
prevent the continuation of these victims,"
3. Target of Permendikbud Number 30 of 2021
as stated in Article 4 inter alia:
a. Student;
b. Educators;
c. Education Personnel;
d. Campus Residents; and
e. The general public who interact with Students, Educators, and Education Staff in the implementation of Tridharma.
Forms of Sexual Violence
Specifically, there are 21 forms of sexual violence in Permendikbud Number 30 of 2021 as stated in Article 5:
1. Convey speech that discriminates or harasses the physical appearance, body condition, and/or gender identity of the
victim;
2. Deliberately exposing his genitals without the consent of the victim;
3. Deliver remarks containing sexual advances, jokes, and/or whistles to the victim
4. Staring at the victim with sexual and/or uncomfortable overtones;
5. Send sexually suggestive messages, jokes, images, photos, audio, and/or videos to the victim even though the victim
has prohibited it;
6. Take, record, and/or circulate sexually suggestive photographs and/or audio and/or visual recordings of the victim
without the victim's consent;
7. Upload sexually suggestive photos of the victim's body and/or personal information without the victim's consent;
8. Disseminating information related to the victim's body and/or personal that has sexual nuances without the victim's
consent;
9. Peeping or intentionally seeing victims who are carrying out activities in private and/or in private spaces;
10. Persuade, promise, offer something, or threaten the victim to engage in sexual transactions or activities not approved
by the victim;
11. Give punishment or sanctions that have sexual nuances;
12. Touching, rubbing, touching, holding, hugging, kissing and/or rubbing any part of his body on the Victim's body
without the victim's consent;
13. Undressing the victim without the victim's consent;
14. Forcing the victim to engage in sexual transactions or activities;
15. Practicing a community culture of students, educators, and education staff that nuances sexual violence;
16. Attempted rape, but penetration did not occur;
17. Committing rape including penetration with objects or body parts other than genitals;
18. Coercing or tricking the victim into having an abortion;
19. Coerces or deceives the victim into becoming pregnant;
20. Allowing intentional sexual violence to occur;
21. Committing other acts of sexual violence
. Mandatory Handling
a. Mentoring
Assistance in the form of counseling, health services, legal assistance, advocacy, and/or social and spiritual guidance.
b. Protection
Guarantees of continuity of education or employment, provision of safe housing, and victims or witnesses free from
threats related to the testimony given.
c. Imposition of administrative sanctions
Sanctions consist of three groups, namely mild, moderate, and severe. The form of sanctions imposed is carried out
proportionately and fairly according to the recommendations of the task force. In addition, the sanctions given do not
override other regulations.
d. Recovery of victims
Involving psychologists, medical personnel, religious leaders, and victim assistance organizations. The recovery period
does not reduce learning and/or employment rights.
Reporting from the Indonesian Databoks page (2022), Komnas Perempuan noted that during the 2017-2021
period, cases of sexual violence in the educational environment that occurred in Islamic boarding schools were the
second highest cases of violence (16 cases) after the scope of universities (35 cases).
In cases that occurred within the scope of Islamic boarding schools, it was found that the majority of
perpetrators occupied high-ranking positions. As reported by BBC News (2023), in early 2023 at least four cases of sexual
violence have been revealed in Islamic boarding schools located in Lampung and Jember with the majority of
perpetrators being the chairman or leader of the Islamic boarding school itself.
The case, which was filed in mid-January 2023, has been processed since February 2022 when it was reported by
the victim's parents after the victim told her family about the perpetrator's actions. The perpetrator was finally
sentenced to 8 years in prison and fined 50 million subsidiary to 2 months of confinement. Against the verdict of this
case, restitution (compensation) for victims amounting to 16,645,000 was also granted. This penalty is imposed on the
basis of Article 82 paragraph (1) and paragraph (2) of the Child Protection Law (applicable to children under 18 years old)
which reads:
-Paragraph (1), "Any person who violates the provisions as referred to in Article 76E shall be punished with a maximum
imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fine of Rp5,000,000,000.00 (five
billion rupiah).
-Paragraph (2), "In the event that a criminal act as referred to in paragraph (1) is committed by a parent, guardian,
babysitter, educator, or education staff, then the crime is plus 1/3 (one-third) of the criminal threat as referred to in
paragraph (1)."
-the information of Article 76E as stated in Article 81 Paragraph (1) is as follows:
"Everyone is prohibited from committing violence or threatening violence, coercing, deceit, committing a series of lies, or
inducing a child to commit or allow obscene acts to be committed."
Cases of sexual violence in pesantren usually have their own character, where the perpetrator seeks justification
for his behavior through erroneous religious interpretations. For example, in the case in West Tulang Bawang Regency,
the head of an Islamic boarding school with the initials AA harassed six of his students. Three of them were raped under
the pretext of getting blessings from God if they served her. Moreover, when the perpetrator is the leader, it is generally
a respected figure, so the victim thinks again about reporting
Not stopping there, in the Islamic boarding school environment there is also the principle of sami'na wa atha'na
which means "we listen and we obey". This principle regulates the actual adab not only about the adab of a student
towards kyai, but also children towards parents, as long as it is in terms of kindness. One of them was in the case of a
pesantren in Solo in 2018, where Islamic boarding school officials moderated their students to memorize scriptures in a
closed room by performing a ritual he called the 'vaginal cleansing ritual'. In addition, also in the case of Moch Subchi
Azal Tzani (Bechi), the biological son of a caretaker from one of the pesantren in Jombang, who spread the doctrine of
the vagina as a noble path that no one else but himself should enter. He also used metafacts (the power to cure diseases
and grant wishes) as a mode of sexual violence.
Precautionary Principles: Regulation and Education
In October 2022, the Ministry of Religious Affairs publishRegulation of the Minister of Religious AffairsNumber 73 of
2022 concerning the Prevention and Handling of Sexual Violence in Education Units at the Ministry of Religious Affairs
in response to the revelation of the rape case of the head of an Islamic boarding school in Bandung, Herry Wirawan to
13 of his students. This regulation has been regulated starting from reporting, protection, assistance, enforcement, to
victim recovery.
Handling Principle:
In handling, the companion needs to prioritize the essence of victim assistance which includes at least the following five
things:
1) minimize risk; 2) remediate the impact; 3) fulfill a sense of justice; 4) restore the functioning of life, and; 5) Policy
advocacy and mitigation data sources.
As for trying to achieve the essence of victim assistance, several things need to be done as follows:
2. Networking
Cooperation here is needed to create a support system that is able to accommodate all the needs of victims in the
mentoring process. The parties involved include the government, as well as non-governmental organizations, including:
Social Services
P2T2PA (Integrated Service Center for Women and Children Empowerment)
LPSK (Witness and Victim Protection Agency)
Police
DP3AP2 (Office of Women's Empowerment, Child Protection and Population Control)
Ministry of PPPA (Ministry of Women's Empowerment and Child Protection)
Service Providers Forum
National Commission on Violence against Women
KPAI (Indonesian Child Protection Commission)
4. Building gender perspectives on all relevant parties
Good support from various parties requires a good gender perspective on the parties involved. Thus, education efforts
on gender insight are necessary so that case handling considers the perspective of victims who are in the position of
children and as women.
5. Implement a sustainable advocacy strategy
In addition to legal assistance, handling sexual violence cases is also accompanied by assistance in the aspects of:
-Psychological
-Psychosocial
Education (ensuring victims can continue their education safely and comfortably)
This is important to restore the functioning of the victim's life and the fulfillment of the victim's rights as a child.
-Pay attention to the best decision for the victim
All actions taken by the companion require consent with the victim and his family. Companions need to be open to the
voices of victims and their families.
-Ensure the verdict can go through
With regard to the advocacy strategy applied, the companion also needs to ensure that the verdict goes as it should,
especially to fulfill the sense of justice for the victim and restore the impact experienced by the victim.
Pesantren has its own legal umbrella stipulated by the Pesantren Law Number
18 of 2016 (Law on Pesantren), which ensures that they carry out the functions of education, da'wah
and empowerment in Indonesia. The purpose of the birth of the law is to strengthen faith,
piety, nobility and ethics. However, the existence of the Pesantren Law is not comprehensive
regulate efforts to encourage and prevent crimes, such as sexual crimes. Pesantren, though
is an educational institution that requires special registration and monitoring due to several
The pesantren education system is closed and others are open.
In pesantren, santriwati is a vulnerable group to become victims of sexual violence because
Some factors are situational, personal, and social factors.
- The personal factor of students is that because students are still children, fear arises when students cannot make
decisions and cannot complain and defend themselves. Based on the typology proposed by VonHentig that women,
children, the elderly, and people with intellectual disabilities are at risk of becoming victims of crime.
Sexual harassment prevention consists of several factors, namely:
2. Legal Factors
According to the provisions of Article 81 Paragraph (1) of Law 23 of 2002 annex to the Civil Code 35 of 2014, whoever
deliberately uses force or threatens to use force a child to have intercourse with himself or with another person, is
imprisoned. with a maximum period of 15 (fifteen) years and a minimum of 3 (three) years and a maximum fine of
Rp300,000,000.00 (three hundred million rupiah) and a minimum of Rp60,000,000 (sixty million rupiah).
While Article 82 of Law 23/2002 jo Law 35/2014 stipulates that anyone who intentionally commits violence or
threatens to use violence, coercion, fraud, mass lying or entices children to commit or commit lewd acts is punished. The
penalties are the same as those stipulated in Article 81. The criminal punishment of the perpetrator is considered too
light because the impact suffered by the child due to the violence is very large and lasts a lifetime for the perpetrator
a. Law Enforcement Factors
1. Removed from the ponpes
2. Submitted by both parents
3. Submitted by local officials for follow-up according to government regulations
- "the existence of a caregiver in charge of supervising the movements and activities of children in
pesantren have an important contribution in efforts to prevent the practice of sexual abuse against children",
and if suspicious behavior is found carried out by students, through the authority that
Given to him, he can reprimand and sanction the student.
b. Factors of Supporting Facilities or Facilities
One of them is the installation of CCTV in Islamic boarding schools placed in student dormitories in order to detect
unwanted behavior. "The installation of CCTV in every corner provides a positive value in efforts to prevent sexual
harassment practices. CCTV is a controlling part that can be used as a tool in pesantren".
c. Community Factors
A large number of violent crimes such as murder, rape and assault have been committed against women. The quality
of protection for women and children should be on par with that of men and adults. Because everyone is equal
before the law (equality before the law).
D. Protection and Law Enforcement of Cases of Sexual Violence against Children As stipulated in Article 34 of the 1945
Constitution, the state has an obligation to protect the dignity and dignity of children. According to Article 1
paragraph (1) of Law 23/2002, a child is a person who is not yet eighteen years old, including children who are still in
the womb. There is agreement of various nations that children's issues are organized in a forum called UNICEF
(United International Children Educational of Fund), in line with Law 39/1999 Article 5 paragraph (3) stated that
vulnerable groups are the elderly, children, the poor, pregnant women and people with disabilities.
E. Article 3 of Law 23/2002 and Law 35/2014 contains important aspects, namely: guaranteed and fulfilled children's
rights; fulfillment of human dignity and dignity; protection of children from violence and discrimination; the
realization of children who are qualified, have noble and prosperous character. While the basic principles of the
convention on the rights of the child include: nondiscrimination; the best interests of the child; the right to life,
survival and development; respect for the opinion of the child
F. In Article 59 of Law 23/2002 jo Law 35/2014, it is explained that the government and other state institutions are
obliged and responsible to provide special protection, namely: children in emergency situations; children facing the
law; children from minority and isolated groups; children who are economically and/or sexually exploited; trafficked
children; children who are victims of drug abuse; child abductee, sales and trade; child victims of physical and/or
mental violence of children with disabilities; and child victims of mistreatment and neglect.
The types of violence against children are:
1. Physical (in the form of: kicks, punches, jambakan, fists, slaps, throwing objects, spitting, pinching, damaging,
botching, ganging up, stripping, excessive push ups, drying, cleaning toilets, running around the field excessively / not
knowing the condition of students, smoking cigarettes, etc.);
2. Verbal (berberate, ridicule, labeling/nicknamed, reproaching, calling by his father's name, swearing, scolding,
teasing, threatening, etc.);
3. Psychic (sexual harassment, slander, removal, ostracism,
- forcing someone to have same-sex sex, the criminal threat is 5 (five) years imprisonment as stipulated in Article 292 of
the Criminal Code. Judging from its content, Article 81 paragraph (1) of Law 23/2002 jo Law 35/2014 contains any
person who intentionally commits violence or threats of violence forcing children to have intercourse with him or with
others, shall be punished with a maximum imprisonment of 15 (fifteen) years and a minimum of 3 (three) years and a
maximum fine of Rp300,000,000.00 (three hundred million rupiah) and at least Rp60,000,000, 00 (sixty million rupiah).
- Article 82 of Law 23/2002 jo Law 35/2014 reads that any person who intentionally commits violence or threats of
violence, coerces, commits deception, a series of lies, or entices a child to commit or allow obscene acts to be
committed, shall be punished with a maximum imprisonment of 15 (fifteen) years and a minimum of 3 (three) years
and a maximum fine of IDR 300,000,000.00 (three hundred million rupiah) and a minimum of IDR 60,000,000.00 (sixty
million rupiah).
- Article 287 paragraph (1) of the Penal Code mentions whoever has intercourse with a woman outside of marriage,
when he knows or should reasonably suspect that he is generally not fifteen years old, or if the age is not clear, bring it
not yet time to marry, punishable by imprisonment for not more than nine years
If the perpetrator of sexual violence is a child, aged between 14 (fourteen) years to less than 18 (eighteen) years,
according to Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Article 5 paragraph (3) explains
that in the Juvenile Criminal Justice System, diversion must be attempted. The definition of diversion according to Article
1 number 7 of Law 11/2012, is the transfer of the settlement of children's cases from the criminal justice process to
processes outside criminal justice.
Furthermore, Article 58 states: 16 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. (1) Every
child has the right to legal protection from all forms of physical or mental abuse, neglect, ill-treatment, and sexual abuse
while in the care of his or her parents or guardians, or any other party responsible for care;
(2) In the event that a parent, guardian, or caregiver of a child commits any form of physical or mental abuse, neglect, ill-
treatment, and sexual abuse including rape, and/or murder of a child who is supposed to be protected, punishment shall
be imposed
Sexual Violence Prevention Material as part of Life Skills activities carried out at school and outside school. The
material is, 4 (four) organs that must not be held by anyone, except by parents (mother) and doctors (when he is sick,
with parental assistance). The organs of the body are the chest (breasts), groin (front and back) and buttocks, knowing
that these organs are forbidden organs, children can protect or refuse if someone will attempt sexual violence
Example of a song from kindergarten "Ku Take Care of Me" or better known as "Touch May Touch Not Allowed."
Touch may Touch may
FYI
Sex and gender differences
Sex
Sex is the division of two sexes, male and female, which is biologically determined. Sex is also related to the basic
physical character and function of humans, ranging from chromosomes, hormone levels, and the shape of reproductive
organs.
Gender
Gender is a societal perception that has been socially constructed and refers to a person's role, behavior, and identity. In
this case, a person's gender is not determined by their gender.
There are several terms included in the discussion of gender, namely:
Gender identity
Gender identity is a person's view of his or her own gender, regardless of what sex he was born with. Some common
gender identities are male, female, nonbinary, and genderqueer or transgender.
Cisgender
Cisgender is a term that is often used for an individual who feels that his gender identity is in line with the gender he
has.
Transgender
The term transgender refers to someone who feels that their identity is different from their gender.
Nonbinary
Nonbinary is a term used to describe someone who does not want to be categorized as male or female.
In addition to some of the terms above, there is also the term gender expression. It refers to how a person expresses
himself, whether in behavior, dressing, vocalizing, or choosing a haircut without fixating on his gender. Terms commonly
attached to gender expression are masculine, feminine, and androgynous.
Sex is a biological difference between a man and a woman that has been carried since birth. Meanwhile, gender is a
characteristic of men and women that is formed and built in the surrounding environment or society.