The Polemic on Imposing Castration Sanctions against Pedophiles Perpetrators Based on the Human Right’s Perspective (original) (raw)
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The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is that the birth of chemical castration in criminal policy reform is based on a balance between the interest...
International Journal of Advanced Research (IJAR), 2018
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In Indonesia, protection for victims of sexual violence against children is inadequate, because the sanctions regulations are not oriented towards protecting victims. The purpose of this research is to analyze and find regulations on criminal sanctions in cases of sexual crimes against children in Indonesia that have not been based on justice for victims, to analyze and find weaknesses in criminal sanctions regulations in cases of sexual crimes against children in the perspective of victim protection in Indonesia. This type of research is normative juridical, and to solve research problems secondary data is used which is obtained by conducting literature studies. The results of the study were then analyzed using a qualitative descriptive method. The results of the study show that criminal sanctions in cases of sexual crimes against children in Indonesia have not been based on justice, because criminal sanctions that can be imposed are only imprisonment and fines where if a fine is p...
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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 ...