scholarly journals MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA

LITIGASI ◽  
2021 ◽  
Author(s):  
Hario Danang Pambudhi ◽  
Hanifah Alya Chaerunnisaa

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

2020 ◽  
Vol 4 (1) ◽  
pp. 62
Author(s):  
Henny Yuningsih ◽  
I Nyoman Nurjaya ◽  
Prija Djatmika ◽  
Masruchin Ruba’I

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.


2020 ◽  
Vol 5 (1) ◽  
pp. 16-41
Author(s):  
Lukman Arake

Responding to the high number of sexual violence against children, President Jokowi enacted the Regulation of Child Protection which in regulated chemical castration punishment as an additional penalty for perpetrators of sexual violence. However, a few years after the enactment, case of sexual violence against children remained high, but in fact there were no perpetrators of sexual violence that were castrated with chemicals. Because, the competence to do the castration chemistry  by profession of doctor, but the Indonesian Doctors Association (IDI) refused to become the executor of castration chemistry, for reason of  a humanity and violate a medical oath. Based on it, a chemical castration  need to be explored in the perspective of Fiqh Siyasah. This research is a socioyuridical study, which relies on qualitative data, so to describe the castration  punishment in Siyasah Fiqh perspective, the author used two approaches, that was  the statutory approach and conceptual approach. The result of the research show that, normalizing chemical castration as an additional type of penalty for perpetrators of sexual violence is based on the consideration that (i) sexual violence against children is a very dangerous crime because this crime did not appear to the surface, (ii) made many victims accompanied with a long trauma, (iii) can even encourage victims to do suicide. (iv) In another, the perpetrators were not only Indonesian citizen, but foreigner who came to Indonesia in the guise of tourists and had a desire to look for a victim. However, out of these consideration, in the perspective of fiqh siyasah, based on the agreement of the cleric the application of chemical castration to perpetrator of sexual violence is unlawful. But the perpetrator can be convited to death, if the act is done repeatedly.


2020 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Messy Rachel Mariana Hutapea

Children are still victims of sexual violence by perpetrators who are stronger than victims. Children who are victims of sexual violence have a negative impact on the psychic and mental, so that children will have trauma that is difficult to be eliminated or even prolonged trauma. So that the government established the Law Number 17 of 2016 concerning the Establishment of the Government Regulation in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law. In the laws and regulations, it has been regulated regarding the castration penalty of chemistry. Indonesia is a country that still upholds all human rights possessed by every community in Indonesia without discrimination. This chemical castration execution raises the pros and cons in people's lives. So this chemical castration is considered to have violated the Human Rights of perpetrators of sexual violence against children. This research wants to dig deeper about the use of chemical castration punishment in perpetrators of recurrent crimes in the human rights perspective. This study uses normative research methods with conceptual and legislative approaches. Chemical castration has not been one of the effective penalties and provides a deterrent for perpetrators of sexual violence, so the laws governing chemical castration punishment need to be reviewed.Anak masih menjadi korban kekerasan seksual yang dilakukan oleh para pelaku yang lebih kuat dari korban. Anak yang menjadi korban kekerasan seksual mendapatkan dampak yang negatif terhadap psikis dan batinnya, sehingga anak akan memiliki trauma yang susah untuk dihilangkan atau bahkan trauma tersebut berkepanjangan. Sehingga pemerintah membentuk peraturan Undang-Undang Nomor 17 tahun 2016 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 tahun 2016 tentang Perubahan Kedua atas Undang-undang Nomor 23 tahun 2002 tentang Perlindungan Anak menjadi Undang-Undang. Didalam peraturan perundang-undangan tersebut, telah diatur tentang hukuman kebiri kimia. Indonesia adalah negara yang masih menjunjung setiap Hak Asasi Manusia yang dimiliki oleh setiap masyarakat di Indonesia tanpa adanya diskriminasi. Eksekusi kebiri kimia ini menimbulkan pro dan kontra didalam kehidupan masyarakat. Sehingga kebiri kimia ini dianggap telah melanggar Hak Asasi Manusia dari pelaku kekerasan seksual terhadap anak. Penelitian ini ingin menggali lebih dalam tentang penggunaan hukuman kebiri kimia pada pelaku kejahatan berulang dalam persektif hak asasi manusia. Penelitian ini menggunakan metode penelitian normative dengan endekatan konseptual dan perundang-undangan. Kebiri kimia belum menjadi salah satu hukuman yang efektif dan membuat jera untuk pelaku kekerasan seksual, Sehingga undang-undang yang mengatur tentang hukuman kebiri kimia perlu dikaji ulang.


2020 ◽  
Vol 1 (1) ◽  
pp. 157-194
Author(s):  
نوزاد الشواني

The child is the bud of life and the right of life in this life is a fundamental right, from which several rights are protected and surrounded by safety until he reaches the age that makes him physically, mentally and psychologically qualified to take over his duties and his duties towards his society and the direction of others.The rights of the child to protection have been little or significant since the inception of the first human being. However, the need for development and the protection of the human race that human senses have begun to create different rights for the child do not in themselves constitute real protection for them . Until it culminated in the era of Islamic light, which embodied the highest forms of protection for this sensitive vulnerable group in society. Voices from around the world called on States to actively intervene through criminal texts to ensure the child's right to be protected from ill-treatment, especially after the international community has issued numerous international instruments and declarations dealing with the rights of the child. The most important of these are the 1989 Convention on the Rights of the Child, On the life and development of the child as well as the preservation of his identity and his right to education, health and comfort and to have a standard of living adequate for its growth as well as protect it from exploitation and all kinds of violence. Sexual violence against children involving a child under the age of 18 years, rape or exploitation of sexual activity is not fully understood and can not be granted. The conduct of the offender is contrary to the laws, customs, traditions and customs of the community. The child's physical and mental health, mental, psychological and social well-being are seriously jeopardized. The child is characterized by weak physical strength and poor mental abilities. Therefore, the international system should have called upon the ratifying States to protect the rights that have been adopted in favor of the child With special criminal provisions to protect him from crimes of sexual violence.Sexual violence against children constitutes a grave violation of the rights of the child. It represents a global reality in all countries of the world, but it has become a real phenomenon of concern especially in recent times and in some countries such as Iraq, Syria, Libya and other countries that have become visible as a result of war, displacement, The other reasons, and this calls for immediate treatment through the intervention of the criminal law in most of the world, including Iraqi and Syrian law, the subject of our research, to criminalize these acts protect a range of rights and interests, including: the protection of the right to sexual freedom of the female, The protection of the family entity from collapse and the protection of the offspring from mixing and protecting the social entity from the scourge of moral corruption, and immunization of society from sexual and reproductive diseases. At the national and international levels, this law prohibits any activity that takes the form of rape, sodomy, sexual harassment, sexual exploitation in prostitution or pornographic material Since the Criminal Code is one of the most widely used instruments of the State to protect the legal status of persons and to protect human rights from potential attacks and the conviction of the Iraqi and Syrian legislators of the importance of repudiation and punishment in protecting vulnerable parties within society, for example, their legislation included significant repudiation provisions that criminalize any act or omission May result in a form of sexual violence against children.Thus, by extrapolating the texts of the criminal law of both Iraq and Syria, as well as some of the texts contained in other laws or independently, our research entitled "Sexual Violence Against Children" focused on a scientific plan consisting of two subjects: In the second, I refer to the types of crimes that sexual violence against children has included and we deal with successively and through three demands. First we address the crime of rape and homosexuality. In the second child to indecent assault against the child crime and in the third to the crime of sexual exploitation against children and Khtmana We discussed with the most important conclusions and recommendations


Al-'Adl ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 135
Author(s):  
Rachmadani Rachmadani ◽  
Sarwo Zulfahmi Muhammad Daming

This article discusses the review of Islamic criminal law regarding sanctions castration chemistry for the perpetrators of sexual violence against children. It is motivated by the rampant cases of sexual crimes against children have increased every year. As a response to the things that President Joko Widodo has issued Government Regulation No.. 70 Year 2020 about procedures for the Implementation of the Action Castration Chemistry, the Installation of the Detector Electronics, Rehabilitation and the Announcement of the Identity of the Perpetrators of Sexual Violence against Children. This rule gave authority to the state to be able to impose sanctions castration chemistry for the perpetrators of sexual violence against children. As for the problem studied in this research is how the forms of sexual violence in children? and how the determination of sanctions castration chemistry for the perpetrators of sexual violence against children is viewed from the perspective of the criminal law of Islam? This study uses the approach of normative juridical to discover the basics of the law of the criminal law of Islam-related sanctions gelding chemical. While methods of data collection using the method of literature, after the data collected then analyzed and interpreted by means of deductive. The results showed sanctions gelding chemical was done as an attempt of recovery of sexual disorders, so it can be said this punishment is not as torture against the perpetrators. As for the sanctions gelding chemical in the perspective of Islamic criminal law can be categorized punishment ta'zir which is a sentence that has a minimum and a maximum that is determined by a judge. The judge reserves the right to impose a penalty gelding chemical if the defendant is convicted of a violation based on the applicable law, because of the type of punishment is not in the nash.


2020 ◽  
Vol 8 (1) ◽  
pp. 27
Author(s):  
Abdul Kadir ◽  
Dwi Nur Fauziah Ahmad

The rise of sexual violence against children in Indonesia requires strict legal rules and a deterrent effect on perpetrators. So the government in the latest child protection law includes punishment for castration. The issues raised are how the application of criminal law against perpetrators of sexual violence against children (pedophilia) in Indonesia and how the additional criminal regulation of castration as a criminal law policy in the child protection law. The type of research used is normative research, which is research that focuses on a positive direction in the form of statutory regulations. Criminal application for perpetrators of sexual violence against children is regulated in the Criminal Code and the Child Protection Act. Castration is a new legal policy by the government in dealing with the perpetrators of sexual violence against children.Keywords: Castration, Legal Policy, Child Protection


2017 ◽  
Vol 14 (5) ◽  
pp. e263
Author(s):  
Marijke Bleeker ◽  
Ellen Van Der Staal

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.


Author(s):  
Hidayatul Mahmudah ◽  
Harni Kartika Ningsih

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 negative attitude refers to the incompatibility and inability of the chemical castration penalty in overcoming the sexual violence problem in Indonesia. The chemical castration penalty has negative impacts, such as exacerbating sexual violence in Indonesia in the future, disturbing, like an inclement regulation, and violating human rights. The positive attitude refers to the PP’s capacity for the chemical castration penalty of the sexual violence offenders in upholding the rights of the underprivileged. Other priorities that Konde.co considers more critical in overcoming the sexual violence problem are the recovery of the victims and the immediate ratification of the Bill on the Elimination of Sexual Violence. 


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