The Nature Of Power Relationships And The Effectiveness Of Law In The Phenomenon Of Sexual Violence In Higher Education Institutions: An Ontological Analysis

Abstract

This study aims to analyze the nature of sexual violence in higher education settings, power imbalances in academic relationships, and the effectiveness of legal protections. The research method employed is a normative legal research method using a statutory approach and a conceptual approach. The analysis in this study was conducted qualitatively, namely through the identification of main ideas, the grouping of themes (the reality of sexual violence, power asymmetry, a culture of silence, and legal protection), a critical reading across sources, and an argumentative synthesis. The results of the research and analysis indicate that the phenomenon of sexual violence in higher education settings constitutes an objective social reality manifesting as physical, psychological, verbal, and sexual violence. This reality is characterized by the presence of a “culture of silence” and the victims’ fear stemming from their subordinate position, which leaves them vulnerable to academic intimidation, threats of sanctions, and social stigma. From the perspective of legal ontology, the nature of sexual violence in higher education settings is not merely an individual moral transgression but rather a consequence of power imbalances and the structured interplay of power and knowledge within the academic hierarchy. The effectiveness of legal norms—such as Ministry of Education, Culture, Research, and Technology Regulation No. 55 of 2024 on the Prevention and Handling of Violence in Higher Education Institutions—and internal guidelines, such as the Rector’s Regulations and the establishment of the Task Force for the Prevention and Handling of Violence in Higher Education Institutions (Satgas PPKPT) is ontologically determined by the extent to which these regulations are able to reduce power asymmetries, erode a culture of institutional betrayal, and transform the institution’s legal culture into one that promotes justice and provides substantive protection for victims.