Juridical Review of Chemical Castration Action In The Perspective of Criminal Law And Human Rights (original) (raw)
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International Journal of Social Science Research and Review
This study aims to determine the effectiveness of the application of chemical castration to perpetrators of sexual crimes against children. The practice of chemical castration falls outside the main criminal scope and does not fall under its jurisdiction. Therefore, chemical castration becomes an additional punishment for perpetrators of sexual offenses against children. If examined further, the application of chemical castration is an additional crime that is revocation of certain rights to the defendant. The purpose of revocation of certain rights is not to eliminate the honor of the perpetrator, but to prevent the perpetrator from committing the same crime in the future. The rights that are reduced from chemical castration are reproductive rights and rights related to the sexual activity of the perpetrator. In connection to chemical castration, which is designated as an additional criminal offense, the use of chemical castration cannot stand independently. Chemical castration can...
IMPLEMENTATION OF CHEMICAL CASTARATION PUNISHMENT FOR SEXUAL VIOLENCE AGAINST CHILDREN PERPETRATOR
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The purpose of this research is to perform a legal evaluation of the implementation of Government Regulation No. 70 of 2020 on chemical castration punishment for offenders of sexual assault against children. The normative juridical technique was employed in the creation of this publication, which is a study centered on evaluating the rules or norms found in positive law. According to the research findings, the implementation of this regulation is intended to provide justice for victims, suppress the growth rate of cases, and provide a deterrent effect for perpetrators; these reasons are associated with criminal law theories such as retributive theory, deterrence theory, rehabilitation theory, and resocialization theory. Human Rights Law considers this penalty to be a breach of human rights, as outlined in the Universal Declaration of Human Rights and Human Rights Law No. 39 of 1999. Denmark, Sweden, Finland, Norway, Poland, the US state of California, Australia, New Zealand, Russia, South Korea, Israel, Estonia, and Moldova are some of the countries that have implemented this penalty. Countries that have implemented this penalty have two basic goals: first, to apply this punishment as a national punishment, and second, to apply this punishment voluntarily from the perpetrator.
International Journal of Advanced Research (IJAR), 2018
Efforts to combat sexual violence crimes are inevitably. They are aim at protecting the community to achieve public welfare. The existing criminal law taking a penal means. At the same time there has been other means, namely non-penal. Under the Dignified Justice Jurisprudence proposed by Professor Teguh Prasetyo, the philosophical basis for chemical castration sanctions is the issuance of Law Number 17 Year 2016 concerning the Establishment of Government Regulation in lieu of Law Number 1 Year 2016 concerning the Second Amendment to Law Number 23 Year 2002 concerning Child Protection Law. In it, it has been considered that sexual violence towards children from year to year is increasing and threatening the strategic role of children as the future generation of the Indonesian nation and state. Therefore there has been a need to aggravate criminal sanctions and provide action against perpetrators of sexual violence against children. To address the phenomenon of sexual violence against children the Law aims at a deterrent effect on the perpetrators, and preventing the occurrence of sexual violence against children. The Government needs to take some more optimal and comprehensive steps by not only providing criminal sanctions as well as implementing a form of prevention by giving actions in the form of chemical castration. With the principle of dignified justice, sanctions for chemical castration as an additional sanction for temporary imprisonment are still applicable. They are included in the normative provisions applicable in the Republic of Indonesia. Sanctions of chemical castration however must pay attention to the dignity of a better human being based on Pancasila. In the hope of the sexual offender is enable to return and accepted by the community.
Constitutionale, 2021
Sexual violence is a crime against humanity. Because, it is, closely related to human rights Cases of sexual violence caused the government to issue the idea of castration for perpetrators of sexual violence. However, this raises pros and cons in the community. The problem of this research is, how is the imposition of castration sanctions on pedophiles from a human rights perspective, and what are the supporting and inhibiting factors for implementing castration sanctions against pedophiles? The study uses a normative juridical and empirical juridical approach carried out on theoretical matters of legal principles. In contrast, the empirical approach is carried out to study the law in reality through behavioural assessments. The study results stated that the perspective of imposing castration sanctions on pedophile perpetrators also reaped the pros and cons in its implementation. Some thought that castration sanctions were quite effective if applied to perpetrators of sexual crimes ...
Contestation of Chemical Castration Punishment for Child Sex Offenders: Case in Indonesia
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Children as national assets must receive significant concerns from their families, neighborhoods, and the state. Based on these circumstances, a variety of regulations are made, including the protection of children from sex offenders. Various arguments, both pro and contra, emerge in the regulation, which provides chemical castration punishment for child sex offenders. The objective of this article is to analyze the contesting of the chemical castration paradigm, both from theoretical and practical dimensions. It used a conceptual and legislative approach, through the analysis of several relevant books and articles as well as the opinions of qualified experts, which were then linked to one another. This paper argued that regardless of human rights perspectives, Indonesia’s future which lies in its future generations must receive more considerable attention. Therefore, the limitation of the perpetrators’ human rights should not be considered a human rights violation. Instead, this ca...
Chemical Castration as an Action Sanctions in Legal Perspectives and Bioethics
International Journal of Human and Health Sciences (IJHHS), 2020
Background: The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No. 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. However, the imposition of sanctions is considered still many shortages in it. Starting from the element of uncertainty period of implementation, the negative side effects on the body, to the procedure and technical implementation of the castration actions contained in the article.Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.Methods: The authors useds qualitative research methods with descriptive and analytical research. The sources of data are based on the information contained in the literatures bibliography and based on the interviews result.Results: The result of this study shows that chemical castration from a ...
The Attitudinal Meaning Built by KONDE.CO Regarding the Ratification of Chemical Castration Penalty
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The rise of sexual violence against women and children encourages the government to establish Government Regulation (Peraturan Pemerintah) hereafter (PP) number 70 of 2020, which contains the application of the chemical castration penalty for the offenders of sexual violence. This regulation causes pros and cons from the various parties, including women and children's observer community, selected in this case Konde.co. This study aims to discuss the attitude or position built by Konde.co toward the Government Regulation (PP) ratification concerning the chemical castration penalty for the sexual violence offenders. This research uses a qualitative approach, especially discourse analysis. The discourse analysis in this research uses the appraisal theory, which studies the attitudesystem explicitly The result of this research shows that the attitude that appears in the text is generally negative. Furthermore, the attitude aspect with the highest frequency is negative judgement.The ...
The Implementation of Chemical Castration Penalties towards Paedophilia Crime Perpetrators
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Sexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle...
Chemical Castration as a security measure in the criminal legislation of the Republic of Macedonia
International Journal of Social Sciences and Education Research, 2017
Protecting children from sexual violence represents one of the basic premises of any state of contemporary society. It is quite necessary to take all necessary measures to prevent these criminal acts. The Republic of Macedonia last few years has taken a series of legislative measures aimed at preventing and punishing the most severe offenders of sexual assault against children. Taking only harsh punishments and repressive measures against the perpetrators are not enough for the prevention of sexual assault offenses against children. Those persons should be treated medically in order not to repeat the offense. Chemical castration is considered as most appropriate form of treatment of pedophiles in the world. In 2014 The Republic of Macedonia made a step further by incorporating in its criminal legislation, the pharmacological-medical treatment of perpetrators of sexual assaults against a child who has not attained the age of 14 a.k.a. chemical castration. This article aims to theoretically elaborate this measure as it is regulated in the Criminal Code and in the Law on the Execution of Criminal Sanctions by analyzing the respective articles in order to see the manner, the conditions and the circumstance of its regulation and execution.
Jurnal Al-Dustur
This research was conducted to analyze the implementation of the law of castration from the perspective of Maqashid Syariah. In Indonesia today there are many criminal acts of rape against women and children. As an alternative punishment with castration as formulated in Law Number 70 of 2020. The method used is normative juridical research, namely research to find legal doctrines or principles, ijma’ (opinions of scholars), therefore in this study the author tries to understand the conversation about sexual deviation, especially those that discuss the application of castration sanctions against sex offenders. This research is a juridical normative research which is viewed from the perspective of Maqashid Shari'ah. In Islamic law, punishment for perpetrators of sexual crimes is given in the form of stoning and whipping. Castration punishment is not in accordance with Maqashid Shari'ah because it can damage human beings which is contrary to the hifdzun of the nafs. First, Isla...