scholarly journals Philosophical Foundation of Chemical Castration for Offenders of Sexual Violence Against Children

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.

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 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 5 (2) ◽  
pp. 194
Author(s):  
Syaefudin Ali Akhmad ◽  
Zairin Harahap ◽  
Syarwani ◽  
Faris Velayati ◽  
Rohai Widati ◽  
...  

Background: The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No. 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. However, the imposition of sanctions is considered still many shortages in it. Starting from the element of uncertainty period of implementation, the negative side effects on the body, to the procedure and technical implementation of the castration actions contained in the article.Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.Methods: The authors useds qualitative research methods with descriptive and analytical research. The sources of data are based on the information contained in the literatures bibliography and based on the interviews result.Results: The result of this study shows that chemical castration from a criminal law perspective cannot be categorized as an action sanction. From the perspective of human rights law, the right to be free from condescending punishment is an absolute right which cannot be limited at all. In the bioethics perspective, chemical castration has violated the four principles of medical ethics/bioethics.Conclusion: Chemical castration cannot be claimedaction sanction of law because it violates theprinciples of bioethics whichin resulthumiliates the dignity of medical doctor profession.International Journal of Human and Health Sciences Vol. 05 No. 02 April’21 Page: 194-201


Author(s):  
Christian Whalen

AbstractArticle 19 defines violence broadly to include all forms of harm, encompassing physical, mental and sexual violence as well as non-intentional forms of harm, such as neglect. As such, Article 19 articulates full respect for the human dignity and physical and personal integrity of children as rights-bearing individuals. This requires a paradigm shift of caregiving and protection away from the perception of children primarily as victims. Article 19 sets out a comprehensive prohibition on all forms of violence towards children and enjoins State Parties to take all form all measures available to enforce this right. This article summarizes the four main attributes of Article 19 as follows: (1) All violence towards children is prohibited, frequency or severity of harm need not be demonstrated and violence is defined broadly to encompass all forms of violence towards children, personal, social and institutional, including physical and emotional harm as well as neglect, maltreatment, sexual abuse, and abandonment; (2) the right protects children from harm from their parents and legal guardians as well as when they are in the care of proxy caregivers, including school officials, hospital staff, daycares, sports programs, as well as custodial settings and alternative care arrangements; (3) States are required to give effect to this right through all appropriate measures: legislative, administrative, social and educational; and finally the call for comprehensive measures to eradicate violence against children is reinforced by the final attribute (4) this attribute insists that the range of interventions required to give effect to Article 19 rights includes measures to ensure effective identification, reporting, investigation, and treatment of all forms of harm to children.


2019 ◽  
Vol 6 (3) ◽  
Author(s):  
Aji Sudarmaji

In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality, it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The purpose of the research in this article is to analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. To analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. To find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological juridical. From the results of the research carried out it can be concluded that the implementation of Article 81 PERPU Number 1 the Year 2016 has not effectively protected and been able to recover victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers sexual violence against children a family disgrace that no one should know.


2019 ◽  
Vol 7 (3) ◽  
pp. 335-350
Author(s):  
Zahra Emadoleslami ◽  
Hadi Ghorbani

Abstract The right of citizenship in criminal law is one of the important cases in the field of human rights and has received attention from various human rights documents. In Iran's criminal law in various cases also respect to legal freedom and protection of citizenship rights. Besides trying to give more attention to citizenship rights based on fair assessment. An important question that can be raised in is howthe regulation to respect the legal freedom and protection of citizenship rights in Iranian law proportional to French law in terms of a fair assessment? The findings from this survey show that there is a compilation of regulation respecting legal freedom and protecting citizenship rights. In addition, there is an internalization effort to pay attention the human rights in criminal justice, in the form of action to eliminate the aggression against the rights of citizen and this rule emphasizes cases that consistent with French law. In the rules of respect for legal freedom and protection of citizenship rights, such as the rights of convicted people in France, it has emphasized the existence of freedom, personal security, prohibition of torture, self-respect of the accused by defending their rights and protecting themselves.Keywords: Freedom of law, human rights, citizenship rights, fair assessment, Iranian law, French law AbstrakHak kewarganegaraan dalam hukum pidana adalah salah satu kasus penting di bidang hak asasi manusia dan telah mendapatkan perhatian dari berbagai dokumen hak asasi manusia. Dalam hukum pidana Iran dalam berbagai kasus juga memberikan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain diupayakan untuk memberikan perhatian lebih terhadap hak kewarganegaraan berdasarkan penilaian yang adil. Pertanyaan pentingdalam hal ini adalah seberapa besar aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan dalam hukum Iran berbanding lurus dengan hukum Prancis dalam sudut pandang penilaian yang adil? Temuan-temuan dari survey ini menunjukkan bahwa adanya kompilasi aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain itu, adanya upaya internalisasi untuk memberikan perhatian terhadap hak asasi manusia dalam peradilan pidana, berupa tindakan untuk menghapus tindakan agresi terhadap hak-hak warga negara, dan aturan ini menekankan pada kasus-kasus yang relevan dengan hukum Prancis. Dalam aturan penghormatan terhadap kebebasan hukum dan perlindungan hak-hak kewarganegaraan, seperti hak-hak terpidana di Perancistelah ditekankan pada adanya kebebasan, keamanan pribadi, larangan penyiksaan, penghargaan diri orang yang tertuduh dengan membela hak-hak dan melindungi diri pribadi.Kata kunci: Kebebasan hukum, hak asasi manusia dan hak kewarganegaraan АннотацияПраво на гражданство в уголовном праве является одним из самых важных в области прав человека и привлекает внимание в различных документах по правам человека. В Иране уголовное право в различных случаях также уважает правовую свободу и сохранение гражданских прав и стремится уделять больше внимания гражданским правам на основе справедливого суждения. Важный вопрос, который может быть поднят в этом отношении, заключается в том, насколько правило уважения к правовой свободе и сохранению гражданских прав в иранском законодательстве прямопропорционально французскому законодательству с точки зрения справедливого суждения. Результаты этого исследования показывают, что существует свод правил, которые уважают правовую свободу и сохранение гражданских прав. Кроме того, предпринимаются усилия по интернализации, направленные на то, чтобы уделять внимание правам человека в сфере уголовного правосудия в форме ликвидации действий агрессии против гражданских прав. Данное положение подчеркивает случаи, которые соответствуют французскому законодательству. В правилах уважения правовой свободы и сохранения гражданских прав, таких как права осужденных во Франции, подчеркивается существование свободы, личной безопасности, запрета пыток, самооценки обвиняемого путем защиты их прав и себя. Ключевые слова: правовая свобода, права человека, гражданские права, справедливое суждение, иранское право, французское право


2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.


Author(s):  
Valeria Ottonelli

This chapter sides with those who believe that a right to stay should be counted among fundamental human rights. However, it also acknowledges that there are good reasons for objecting to the most popular justifications of the right to stay, which are based on the assumption that people have valuable ties to their community of residence and that people’s life plans are located where they live. In response to these qualms, this chapter argues that the best way to make sense of the right to stay is to conceive it as belonging to the category of “control rights”; these are the rights that protect people’s control over their own bodies and personal space, which is an essential condition for personhood and human dignity. This account of the right to stay can overcome the most pressing objections to its recognition as a fundamental human right.


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