ANALISIS PENERAPAN PENJATUHAN SANKSI TINDAKAN KEBIRI KIMIA TERHADAP PELAKU KEJAHATAN SEKSUAL ANAK DITINJAU DARI SUDUT HAK ASASI MANUSIA PELAKU DAN KORBAN

2019 ◽  
Vol 2 (1) ◽  
pp. 769
Author(s):  
Kevin Setiawan ◽  
Aji Wibowo
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Deterrent Effect ◽  
Government Regulations ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
The Government

Sexual crime is happening in various countries, especially in Indonesia. In general, sexual crimes, especially against children, are a concern by the government because when a child becomes a victim of sexual crimes it can cause life-long trauma and at worst, death. Therefore, the preventive ways has been arranged by the Governement in Law of Republic Indonesia Number 17 of 2016 concerning Determination of Substitute Government Regulations in Law of Republic Indonesia Number 1 of 2016 concerning the second amandement of Law number 23 of 2002 Regarding Child Protection where there are sanctions for chemical castration against perpetrators who commit sexual crimes against children, in order to provide a punishment that can make a deterrent effect on someone who commits sexual crimes against children. However, in the determination of sanctions for the act of chemical castration, the community and various parties have contradictions where it must be seen in terms of the human rights of the perpetrator and the effectiveness of the sanctions.

scholarly journals PEMIDANAAN KEBIRI TERHADAP PELAKU KEJAHATAN SEKSUAL KEPADA ANAK PERSPEKTIF HAK ASASI MANUSIA DAN HUKUM ISLAM

2021 ◽  
Vol 14 (2) ◽  
pp. 191-208
Author(s):  
Ahmad Jamaludin ◽  
Sayid Mohammad Rifqi Noval
Keyword(s):  
Human Rights ◽  
Quantitative Analysis ◽  
Child Protection ◽  
Research Method ◽  
Islamic Law ◽  
Child Victims ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
Pros And Cons ◽  
The Government

Sexual crimes in Indonesia have become increasingly worrying, especially against children, efforts to protect child victims by the government with Perpu No.1 of 2016 which has been passed into Law Number 17 of 2017 concerning child protection. This Perpu provides for additional regulations with castration for sexual crimes against children. The making of this policy was tinged with pros and cons because it was not in accordance with the objectives of punishment and Islamic law. The research method used is normative juridical with quantitative analysis. The purpose of this research is to see the view of the purpose of the punishment of chemical castration which is released to perpetrators of sexual crimes and to see and explain the Islamic legal views of the act of castration. The results of this study are First, the implementation of castration is an act of violence and contrary to the 1945 Constitution, namely Article 28 G paragraph 2 and Article 33 paragraph 1 of Law No. 39 of 1999 concerning Human Rights. Both Islamic Laws do not speak in writing about castration. The castration penalty stipulated in Law 17 of 2016 is a prohibition which is categorized as a punishment for takzir, because it is made by the state or leaders to overcome sexual crimes against children. The conclusion of this research is that first, castration punishment is a punishment that can violate human rights. Second, castration punishment in Islam is categorized as takzir punishment.

scholarly journals PEDOPHILIA AS A FORM OF SEXUAL DEVIANCE FROM A SOCIAL BONDS THEORETICAL PERSPECTIVE

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 177-194
Author(s):  
Ermania Widjajantin ◽  
Rusmilawati Windari
Keyword(s):  
Child Protection ◽  
Social Bonds ◽  
Theoretical Perspective ◽  
Sexual Deviance ◽  
Sexual Crimes ◽  
Sexual Crime ◽  
Travis Hirschi ◽  
Second Amendment ◽  
The Law ◽  
The Government

Sexual crimes have seen a considerably increase in Indonesia. It not only affects women but also children. Sexual crime against children is also known as “pedophilia” and has now become a terrifying phenomenon. The escalation of sexual crime against children in Indonesia shows that there is a dire need to look into possible prevention strategies to sexual crime prevention. Considering the rapid increase of case of pedophilia in Indonesia, the government has enacted more severe punisment to the offender, that is, by imposing chemical castration under the Law No. 17 Year 2016 on the second amendment of the Law No. 23 Year 2002 on child protection. This article examines the causal factors of pedophilia by employing the social bonds theory introduced by Travis Hirschi. The primary premise of this theory states that deliquency comes up when social bonds tend to be fragile or not unavailable, or in other words, the stronger there bonds, the less likelihood of delinquency. Hirschi also mentioned four social bonds that push up socialization and conformity in society, those are: attachment, commitment, involvement, dan belief. Finally, the problems raised in this article is how does pedophilia in perspective of social bonds theory?. This article is a legal research with normative approach. It is geared to look phaedophilia as a sexual deviance in perspective of social bonds theory.

scholarly journals PENERAPAN HUKUMAN TINDAKAN KEBIRI KIMIA DALAM PERSPEKTIF HAK ASASI MANUSIA

2020 ◽  
Vol 3 (1) ◽  
pp. 26-34
Author(s):  
Messy Rachel Mariana Hutapea
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Chemical Castration ◽  
Violence Against Children ◽  
Second Amendment ◽  
Pros And Cons ◽  
The Government

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.

Analisis Penegakan Kebiri Kimia Bagi Pelaku Tindak Pidana Kekerasan Seksual Pada Anak Di bawah Umur

2020 ◽  
Vol 1 (6) ◽  
Author(s):  
Imas Novita Juaningsih
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Conceptual Approach ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
The Public ◽  
Second Amendment ◽  
The People ◽  
The Government ◽  
The Right

Abstrak Country can be said to be a state if elements of the state have been fulfilled. One of the most fundamental elements is the existence of the people. The existence of the people means that there are people who live and become subjects of government and enforced rules. Without rules, the consequence is that there will be a large number of crimes that cannot be overcome. Therefore criminal law exists to optimize a regulation and implementation in the community. In the constitution of the Indonesian state, there has been guaranteed the rights of everyone from the right to life, the right not to be tortured, the right to religion and human rights that cannot be reduced in any case. But with Article 81 A paragraph (3) of Law No. 17 of 2016 concerning the second amendment to Law No. 3 of 2002 concerning Child Protection. In this article the phrase the addition of basic crimes especially chemical castration punishment becomes a problem that causes controversy among the public. So the government needs to reconsider with regard to Article a quo by using preventive and repressive measures to address these problems.  The theory that author use is Law Enforcement along with the principles of das sein and das sollen. With normative research methods that are descriptive, and through a conceptual approach. So the author recommend that the application of chemical castration and rehabilitation as a form of treatment oriented to protect perpetrators and sexual crimes. 

scholarly journals STUDY OF PENAL POLICY ON CHEMICAL CASTRATION SANCTION ON CHILD SEXUAL CRIMES CASES IN INDONESIA

2018 ◽  
Vol 3 (2) ◽  
pp. 121-132
Author(s):  
Krismiyarsi Krismiyarsi
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Government Regulation ◽  
Negative Impact ◽  
Deterrent Effect ◽  
Chemical Castration ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Criminal Offenses ◽  
The Republic

In Article 28 B paragraph (2) of the Constitution of the Republic of Indonesia, it is stated that the State guarantees the rights of children to survival, to grow and develop and to protect them from violence and discrimination. Along with the rapid flow of globalization and the negative impact of the development of information technology and telecommunications, sexual violence against children is increasing. The Indonesian Child Protection Commission (KPAI), stated that in 2015 there were 218 cases, in 2016 there were 120 cases, and in 2017 there were 116 cases. To address the phenomenon of sexual violence against children, the President of Indonesia issued a Government Regulation in Lieu of Law No. 17 of 2016, which was subsequently upgraded to Law namely Law No. 17 of 2016 concerning Stipulation of Government Regulation in lieu of Law No. 1 of 2016 concerning the second Amendment to Law No. 23 of 2002 concerning Child Protection becomes Law. The contents of criminal offenses against perpetrators of criminal acts of sexual violence against children can be subject to additional criminal sanctions in the form of announcing the identity of the perpetrators, and can be subjected to acts of chemical castration accompanied by rehabilitation and installation of electronic detectors. The basic consideration for the issuance of this Perppu is to minimize sexual crimes, give a deterrent effect to perpetrators of sexual crimes and prevent any intention for anyone to commit sexual crimes. However, the issuance of this Perppu invites pros and cons of how to implement it, considering that until now there has been no further Government Regulation regulating, especially the Indonesian Medical Association has refused to do chemical castration. This paper wants to explore the existence of the Perppu seen from the study of criminal law politics.

scholarly journals The Application of Castration to Child Sex Offenders as Legal Protection for Children as Sexual Crimes Victims

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Rizka Junisa Dayani ◽  
Keyword(s):  
Sex Offenders ◽  
Child Protection ◽  
Research Method ◽  
Legal Protection ◽  
Government Regulations ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Second Amendment ◽  
Library Research ◽  
The Government

Many cases of sexual crimes against children are happening in society nowadays. Such as cases of sexual violence against children who are victims of pedophilia, cases of rape, cases of rape, and murder. This makes Indonesia an emergency for sexual crimes against children. The research method used was normative juridical. The research specification used was to describe the existing problem (descriptive-analytical), while the data collection method used was library research and documents to be analyzed descriptively-analytically, namely literature and document studies. Indonesia has become a sexual emergency with various cases of sexual crimes against children. To tackle cases of sexual crimes against children, the government made a new regulation with the addition of an additional punishment in the form of castration. The additional punishment of castration against perpetrators of sexual crimes against children is regulated in Law Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning Child Protection (Perppu on Castration) Second Amendment to Law Number 23 of 2002 concerning Protection Child.

scholarly journals 296HUKUMAN KEBIRI TERHADAP PELAKU TINDAK PIDANA PEMERKOSAAN ANAK DAN KAITANNYA DENGAN HAK ASASI MANUSIA

2017 ◽  
Vol 6 (2) ◽  
pp. 279
Author(s):  
Fitri Wahyuni
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Penal Code ◽  
Deterrent Effect ◽  
Criminal Sanctions ◽  
Legal Sanctions ◽  
The Government ◽  
The Right ◽  
Sense Of Justice

The phenomena of rape against children are very alarming in today's society. The Penal Code and the Child Protection Act has posted punishment on the perpetrator, but there are some disadvantages that arise when legal sanctions are imposed on child rapist. Criminal sanctions against rapist are deemed not provide a deterrent effect. The government passed perpu on castration punishment for child rapist. The castration punishment was a punishment that shows revenge way of thought, so the approach has long been abandoned. In addition, from the objective of sentencing, castration punishment has not yet reflected the sense of justice. Since it has not provided a deterrent effect for offenders and unbalanced with the principles of the right to accommodate the rights of the sustainability of offspring for the offender.Keywords: castration, rape, human rights

scholarly journals Analysis of the eradication of terrorism crime by detachment 88 in Indonesia

2019 ◽  
Vol 4 (1) ◽  
pp. 1-8
Author(s):  
Jayadi Paputungan
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Human Rights Violations ◽  
Police Chief ◽  
Government Regulations ◽  
The Law ◽  
The Government ◽  
Problem Formulations

community anxiety about criminal act of the terrorist. Because of that, The Government makes a Substitution Regulation Act No. 1 of 2002. Afterwards, The Government demands Indonesian Police Chief to make Specific Detachment that called Densus 88, to carry out Regulations Act No. 5 of 2018 on the changes to the Act No. 15 of 2003 about “The Determination of Substitute Government Regulations Act No. 1 of 2002 Concerning The Eradication of Criminal Act Terrorism.”. Problem Formulations 1) How Densus 88 eradicates the criminal act terrorism? 2) How the actions form of Densus 88 in terms of human rights side? In fact, Densus 88 is not in accordance with the applicable regulation, the field fact shows that many terrorist suspect suffered injuries and even died and it also against the human rights. The research method used normative juridical method; law is seen as a binding rule. The conclusion of this research is the action taken isn’t appropriate with the threats faced, it is not accordance with the law principle and law basis that should be. In addition, it carries out human rights violations which are harmful for the suspect and the terrorist defendant, then the lack of State responsibilities for things that happened.

scholarly journals The Polemic on Imposing Castration Sanctions against Pedophiles Perpetrators Based on the Human Right’s Perspective

2021 ◽  
Vol 2 (2) ◽  
pp. 133-144
Author(s):  
Rakhmat Ubaidillah Ahror
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
Code Of Ethics ◽  
Deterrent Effect ◽  
Sexual Crimes ◽  
Law System ◽  
Inhibiting Factors ◽  
Study Results ◽  
Pros And Cons ◽  
The Government

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 to immediately provide a deterrent effect on perpetrators and break the chain of sexual crimes that developed in the community. Opinions against the castration sanction are also criticised by various groups, including human rights activists, because castration is considered a cruel punishment for perpetrators, and cruel punishments aim to torture the perpetrators of the crime, but this is undoubtedly related to human rights. Supporting and inhibiting factors for the implementation of castration sanctions against pedophile perpetrators. Supporting factors for the discourse of castration sanctions on perpetrators of sexual crimes against children are caused by the high number of sexual crimes in Indonesia, which has entered a dangerous stage. It was passed into Law Number 17 of 2016. The inhibiting factor is that castration sanctions are not allowed in the national criminal law system. The purpose of punishment, castration is a violation of human rights, seen from the facilities or facilities. Furthermore, there are obstacles from the executor of the castration crime, namely doctors, because it contradicts the code of ethics (KODEKI). Suggestions in this study should be in imposing criminal acts of sexual violence against children to pay attention to humane punishments without degrading and provide benefits, namely a deterrent effect.

scholarly journals Kebijakan Hukum Pidana Sanksi Kebiri Kimia dalam Perspektif HAM dan Hukum Pidana Indonesia

2018 ◽  
Vol 7 (3) ◽  
pp. 305
Author(s):  
Nur Hafizal Hasanah ◽  
Eko Soponyono
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Research Method ◽  
Sexual Offense ◽  
Conceptual Approach ◽  
Chemical Castration ◽  
Second Amendment ◽  
Community Solidarity ◽  
The Government ◽  
The Right

The sexual offense against children is a serious crime and an act of violation against human rights. One of the government is an attempt to anticipate the increase of sexual offense against children is to release Perpu No 1 of 2016 second amendment of UU No 23 of 2002 about child protection. Perpu No. 1 is then passed into UU No. 17 of 2016 about stipulation of Perpu No. 1 of 2016. The regulation of the Perpu is about the denunciation of the perpetrator of a sexual offense, an especially sexual offense against children. The perpu also regulates the existence of criminal sanction and action sanction. The action referred to in the Perpu in the form of chemical castration and accompanied by rehabilitation.  Research method uses normative research method by using the Statue approach and the analytical and conceptual approach. the implementation of chemistry castration is considered a violation of human rights. Penalties through castration can be qualified as a cruel and inhuman punishment and not in accordance with Indonesia's constitution and commitment in the field of human rights. The provision of article 28G paragraph (2) of the Indonesian constitution states that "everyone has the right to be free from torture and degrading treatment of human dignity". Implementation of chemistry castration punishment is only oriented to retaliation that can make the perpetrator lose confidence to reunite with the community. Chemical castration punishment is not in line with the objective of the criminal law that is the maintenance of community solidarity. Kekerasan seksual terhadap anak adalah kejahatan yang serius dan merupakan pelanggaran HAM. Salah satu upaya untuk mengantisipasi bertambahnya kekerasan seksual terhadap anak, Pemerintah mengeluarkan Perpu No 1 Tahun 2016 tentang perubahan kedua atas Undang-undang No 23 Tahun 2002 tentang perlindungan anak. Perpu No 1 ini kemudian disahkan menjadi Undang-undang Nomor 17 tahun 2016 tentang penetapan Perpu No 1 Tahun 2016. Perpu tersebut mengatur tentang pemberatan terhadap hukuman pelaku kejahatan seksual, khususnya terhadap anak. Dalam Perpu tersebut mengatur adanya pidana dan tindakan. Tindakan yang dimaksud dalam Perpu tersebut berupa pelaksanaan kebiri kimia disertai dengan rehabilitasi Tujuan penelitian ini untuk mengkaji dan menganalisa kebijakan hukum pidana sanksi kebiri kimia terhadap pelaku kekerasan seksual pada anak  dilihat dari perspektif HAM dan Hukum Pidana Indonesia. Metode penelitian ini menggunakan metode yuridis normatif dengan menggunakan pendekatan perundang-undangan serta pendekatan analisis konsep. Pelaksanaan kebiri kimia dianggap merupakan pelanggaran HAM. Pemberian hukuman melalui pengebirian dapat dikualifikasi sebagai penghukuman keji dan tidak manusiawi serta tidak sesuai dengan konstitusi dan komitmen Indonesia dalam bidang hak asasi manusia. Ketentuan pasal 28G ayat (2) konstitusi indonesia menyatakan bahwa “setiap orang berhak untuk bebas dari penyiksaan dan perlakuan yang merendahkan derajat martabat manusia”. Pelaksanaan hukum kebiri kimia hanya berorientasi pada pembalasan yang bisa membuat pelaku kehilangan kepercayaan diri untuk berkumpul kembali dengan masyarakat. Hukum kebiri kimia tidak sejalan dengan tujuan dari hukum pidana yaitu adanya pemeliharaan solidaritas masyarakat.

Sign in / Sign up

Export Citation Format

Share Document