ANALISIS PIDANA TAMBAHAN KEBIRI KIMIA DALAM UNDANGUNDANG NOMOR 17 TAHUN 2016 TENTANG PENETAPAN PERATURAN PEMERINTAH PENGGANTI UNDANGUNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK BERDASARKAN PERSPEKTIF HAK ASASI MANUSIA

Abstract

Indonesian Criminal Law only recognizes two types of crimes, namely basic crimes and
additional crimes. Chemical castration is included in additional penalties in Indonesia which are
regulated in Law Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of
Law Number 23 of 2002 concerning Child Protection which provides weighting and additional
criminal penalties for perpetrators of sexual violence against children as regulated in article 81
paragraph 7 that "The perpetrators as intended in paragraphs (4) and (5) may be subject to chemical
castration and the installation of electronic detectors. For example, the case of Muhammad Aris (21
years) sexually abused 9 children in Modjokerto. Chemical castration has not been carried out because
of rejection from the National Human Rights Commission (Komnas HAM) expressing its disapproval
because it is contrary to human rights as written in the 1945 Constitution of the Republic of Indonesia
Article 28G paragraph 2 which reads "Everyone has the right to free from torture and treatment
degrading human dignity ”. The purpose of this study is to determine additional criminal regulations
for chemical castration in several countries, to find out additional criminal penalties for chemical
castration in the perspective of human rights in Indonesia, and to find out normative alternative
solutions to the problem of chemical castration in Indonesia which are regulated in Government
Regulation Number 70 of 2020 concerning Tata How to Perform Chemical Castration.
In this study the author focuses on normative legal research on comparison of law with the
data sources used are secondary data and data collection techniques for normative legal research use
the literature review method and use descriptive analysis which provides a description of the object of
research based on data obtained from the subject under study.
From the research results, it can be concluded that there are several countries in the world that
have imposed chemical castration punishment but in practice it is still not effective. The imposition of
additional chemical castration punishment aims to reduce the number of sexual crimes and provide a
deterrent effect on perpetrators of sexual crimes against children. However, it is contrary to human
rights as written in the 1945 Constitution Article 28G paragraph 2. By providing additional
punishment for chemical castration, imposing maximum imprisonment, fines and rehabilitation as well
as providing counseling guidance while in a correctional institution and conducting supervision when
the convict is free. The author's suggestion is to all countries in the world that have imposed physical
and chemical castration penalties to be more selective in diagnosing what crimes the castration
punishment can apply to. Also, law enforcers in imposing castration penalties should consider the
perpetrators' human rights more and implement alternative solutions that have been made.
Keywords: Additional Crime-Chemical Castration-Human Rights