Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam

Abstract

Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.

Female Imam and Khatib: The Shifting in Worship Traditions from Progressive to Conservative in Sungai Landia, West Sumatra, Indonesia

“…. Busyro et al, (2022) say that Abdullah Saeed is one of the well-known figures in promoting progressive thinking after Omid Safi. He said that the characteristics of progressive Muslims should meet at least six criteria.…”

Public Ideologies

“…Study on the prevention of sexual violence on Indonesian universities has been widely studied by previous researchers (Sitorus, 2019;Adiyanto, 2020;Istiadah, Indah, & Rosdiana, 2020;Jailani, 2020;Dewi & Purwani, 2021;Marfu'ah, Rofi'ah, & Maksun, 2021;Andrianika et al, 2022) regarding the measurement of the prevention and countermeasures task force, forms of legal protection, the use of media as a discussion space, policy documents, and regulatory challenges. On the other hand, studies had adopted the approach of law, Islamic law, sociology, online perception, and religion to examine Permen PPKS (Adawiyah, Luayyin, & Ardil, 2020;Amal, 2021;Busyro et al, 2022;Apriani et al, 2022;Rahmasari, 2022;Rahmi, 2020;Sholekhah, Baroroh, & Alfi, 2022;Virgistasari & Irawan 2022). Anggini (2020) found that the existence of this regulation is motivated by the iceberg phenomenon related to sexual violence in Indonesian universities.…”