KEBIJAKAN HUKUM PIDANA KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DIKAITKAN DENGAN SISTEM PEMIDANAAN
Abstract
One form of protection for children to anticipate the increase in violence
against children, the Government issued Perpu Number 1 of 2016 which was
ratified into Law Number 17 of 2016 concerning the stipulation of Perpu Number
1 of 2016 concerning the second amendment to Law Number 23 of 2002
concerning Child protection. The regulation provides assistance on the
strengthening of sexual crimes, especially children. In the Perpu criminal
assistance and action. The Perpu states that the perpetrator who commits a
criminal act can be given action in the form of chemical castration with
rehabilitation which will be reviewed directly through the criminal system.
This study aims to explain the chemical castration criminal law policy that
applies in Indonesia in relation to the purpose of punishment. This research is a
normative juridical research that conceptualizes law as a norm including values,
positive law and court decisions. Legal materials are collected by means of
document studies and library research, namely by combining primary, secondary
and tertiary legal materials related to chemical castration criminal law policies in
terms of criminal law and criminal law policy theory.
The conclusions that can be obtained from the research results are First,
the criminal law policy in Law Number 1 of 2016 concerning the second
amendment to Law Number 23 of 2002 concerning Child Protection views
chemical castration against perpetrators of sexual violence in children currently
considers chemical castration as an act that is separate from rehabilitation efforts
does not look at chemical castration in the context of the perpetrator's
rehabilitation. Second, the ideal castrated criminal law policy against
perpetrators of sexual violence against children is associated with the criminal
system, namely paying attention to the criminal system itself so that the criminal
law policy process is mutually correlated, because in the criminal system there is
such a thing as a relative theory or objective theory.
Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration,
Criminalization.
against children, the Government issued Perpu Number 1 of 2016 which was
ratified into Law Number 17 of 2016 concerning the stipulation of Perpu Number
1 of 2016 concerning the second amendment to Law Number 23 of 2002
concerning Child protection. The regulation provides assistance on the
strengthening of sexual crimes, especially children. In the Perpu criminal
assistance and action. The Perpu states that the perpetrator who commits a
criminal act can be given action in the form of chemical castration with
rehabilitation which will be reviewed directly through the criminal system.
This study aims to explain the chemical castration criminal law policy that
applies in Indonesia in relation to the purpose of punishment. This research is a
normative juridical research that conceptualizes law as a norm including values,
positive law and court decisions. Legal materials are collected by means of
document studies and library research, namely by combining primary, secondary
and tertiary legal materials related to chemical castration criminal law policies in
terms of criminal law and criminal law policy theory.
The conclusions that can be obtained from the research results are First,
the criminal law policy in Law Number 1 of 2016 concerning the second
amendment to Law Number 23 of 2002 concerning Child Protection views
chemical castration against perpetrators of sexual violence in children currently
considers chemical castration as an act that is separate from rehabilitation efforts
does not look at chemical castration in the context of the perpetrator's
rehabilitation. Second, the ideal castrated criminal law policy against
perpetrators of sexual violence against children is associated with the criminal
system, namely paying attention to the criminal system itself so that the criminal
law policy process is mutually correlated, because in the criminal system there is
such a thing as a relative theory or objective theory.
Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration,
Criminalization.
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