scholarly journals THE ATTITUDINAL MEANING BUILT BY KONDE.CO REGARDING THE RATIFICATION OF CHEMICAL CASTRATION PENALTY

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. 

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.


2019 ◽  
Vol 3 (2) ◽  
pp. 145-164
Author(s):  
Endik Wahyudi ◽  
Gerry Gerry Joe

The crime of sexual violence in Indonesia is increasing every year. Criminal penalties for perpetrators of sexual violence as stated in the Penal Code and Child Protection Act were considered ineffective until the Government issued The Replacement Government Regulation No. 1 of 2016 that applies criminal sanctions to perpetrators of sexual violence among others by chemically applying castration. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia today. His arrangement of chemical castration and rehabilitation as an additional punishment, to date has not been published, so the mechanisms and technicalities are unknown. In addition, interested sectors are not involved in the establishment of such rules resulting in rejection as executors.


2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Indrianti Azhar Firdausi ◽  
Fuqoha Fuqoha

The development of information technology should be maximized by the government in establishing communication and information about policies taken by the government. Thus, good communication will be held in order to achieve the goals of the State without the social upheaval that arises in the community due to policies set by the government. One of the failures of government public communication is the government's failure to explain and socialize the Presidential Regulation Number 20 of 2018 concerning the Use of Foreign Workers who get responses to the pros and cons of all parties, both from the general public and from government opposition. The communication failure gave birth to multi-interpretation from various circles of society and government. Every government regulation or legal policy has functions and objectives in order to achieve the goals of the State. Conception The rule of law guarantees legal certainty, legal benefits and legal justice. The regulation on the use of foreign workers is one form of legal certainty in order to protect opportunities and employment opportunities for citizens of their own country. However, communication failures built by the government resulted in multi-interpretation of policies that were considered to provide convenience for foreign workers and complicate Indonesian employment opportunities.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 354
Author(s):  
Nashru Nazar Rosyidi ◽  
Oci Senjaya

Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia.


Author(s):  
Nindi Nurfahmi Setyani ◽  
Maulana Rifai ◽  
Prilla Marsingga

The level of sexual violence against children is increasing every year, both for girls and for boys. Victims who have experienced sexual violence certainly need serious handling so that other problems do not occur in the future. One of the functions of the government is to provide services to the community and to empower people to participate in government administration. One form of service is by providing an Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in each region. The Integrated Service Center for the Empowerment of Women and Children (P2TP2A) has the task of preventing, completing and recovering victims of acts of violence. Therefore, the purpose of this study was to determine whether the implementation of the P2TP2A handling program in Karawang Regency has been running optimally or not. This study uses a descriptive method with a qualitative approach. The data collection techniques used in this study were interviews, observation, documentation, and triangulation. The result of this research is that the handling of boys sexual violence victims has not run optimally, this is due to the lack of information delivery and socialization to the public regarding the existence of this program. In addition, the response from the community regarding the need for handling victims of sexual violence against boys in Karawang Regency is still low. Keywords: Implementation, Integrated Service Center for Women and Children Empowerment, Handling Victims of Sexual Violence in Boys, Karawang Regency.


2018 ◽  
Vol 3 (1) ◽  
pp. 27-33
Author(s):  
Mustapha Alhaji Ali ◽  
Ummu Atiyah Ahmad Zakuan ◽  
Mohammad Zaki bin Ahmad

This paper studies the negative impacts of Boko Haram insurgency on women and children in northern Nigeria. Indeed, Boko Haram has affected the lives of the general populace in northern Nigeria, precisely women and children, by turning the women to widows and children to orphans, the negative events of the sect groups have continually coursing a serious damage to the lives and properties of the peoples in the northern region. The researcher used the Secondary source in acquiring the appropriate data. The study found that this set of individuals and their negative activities have affected the lives and properties of women and children. It is noted that many women have turned to widows and children to orphans. In view of this, the paper recommends that the government should intervein to provide the affected women and children with some empowerment programmes. It should also provide a good shelter to those that lost their husbands and residents, the government, traditional rulers, and religious leaders should help in assisting the children by enrolling them to schools like their fellow counterparts. There is a need for special rehabilitation and trauma centers in the affected states, especially for women and children who have had terrible knowledge during the insurgency period.


2017 ◽  
Vol 29 (3) ◽  
pp. 256
Author(s):  
Mustofa Kamal ◽  
Riyadi Santosa ◽  
Djatmika Djatmika

This research investigates how journalists behave in texts. The analysis focuses on the exploitation of attitudinal lexis. This is qualitatively explored through attitude and graduation. The data sources were columns of news, taken from an online version of The Jakarta Post on June sixth 2016. Having been selected using criterion-based sampling technique, the sources of data resulted in six chemical castration texts. The procedure of investigation consists of domain, taxonomic, componential, and cultural value analysis. The result shows that journalists are relatively subjective in reporting news by unbalancing the pros and cons, relatively inconsistent in work from delivering news to criticizing government officials, and relatively provocative by up-scaling critical evaluations against the government policy on sex offenders.


2018 ◽  
Vol 3 (2) ◽  
pp. 121-132
Author(s):  
Krismiyarsi Krismiyarsi

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.


2016 ◽  
Vol 1 (1) ◽  
Author(s):  
Irma Garwan

Abstrak Perkawinan Siri adalah salah satu bentuk masalah yang tejadi di Negara Indonesia saat ini . Permasalahn ini sangat sulit untuk dipantau oleh pihak yang berwenang, karena mereka yang melaksanakan pernikahan siri ini tidak dilaporkan pernikahan mereka kepada pihak yang berkompeten dalam hal ini yakni Kantor Urusan Agama (KUA) bagi umat muslim dan Kantor Catatan Sipil bagi yang Non Muslim. Pernikahan siri biasanya dilakukan dihadapan tokoh masyarakat atau ustad sebagai Penghulu, atau ada juga yang dilakukan secara adat-istiadat saja kemudian tidak dilaporkan kepada pihak yang berwenang untuk dicatatkan sesuai ketentuan undang-undang No.1 tahun 1974 tentang Perkawinan pada pasal 2 ayat (2) yang berbunyi “tiaptiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku. Adapun masalah pencatatan perkawinan yang tidak dilaksanakan tidaklah menganggu keabsahan suatu perkawinan yang telah dilaksanakan sesuai hukum islam . karena sekedar menyangkut aspek administrative. Hanya saja jika suatu perwainan tidak dicatatkan, maka suamiistri tersebut tidak memiliki bukti otentik bahwa mereka telah melaksanakan suatu perkawinan yang sah. Akibatnya, dilihat dari aspek yuridis, perkawinan tersebut tidak diakui pemerintah, sehingga tidak mempunyai kekuatan hukum. Dampak positif maupun negative juga menyertai praktk perkawinan siri diantaranya untuk dampak positifnya meminimalisasi adanya perzinaan melalui seks bebas. Namun disisi lain juga dampak negatifnya adalah merugikan banyak pihak terutama hak dan kewajiban wanita dan anakanak dari perkawinan siri tersebut. Akibat hukumnya bagi perkawinan yang tidak memiliki Akte Nikah, secara Yuridis suami atau istri serta anak yang dilahirkan tidak dapat melakukan tindakan hukum keperdataan berkaitan dengan rumah tangganya. Anak-anaknya hanya akan diakui oleh Negara sebagai anak diluar kawin yang hanya memiliki hubungan keperdataan dengan ibu dan keluarga ibunya. Kata Kunci: Hak-hak anak dari pernikahan siri, peerceraian Abstract Siri marriage is one form of the problem that occurred in the State of Indonesia today. Cases is very difficult to be monitored by the authorities, because those who perform marriages this series not reported their marriage to the competent authorities in this case the Office of Religious Affairs (KUA) to Muslims and the Civil Registry for the non-Muslims. Wedding series is usually done before the community leader or cleric as a prince, or some are performed by customs only then are not reported to the authorities to be listed in accordance with the law No.1 of 1974 on Marriage in Article 2 paragraph (2) which reads "every marriage is recorded in accordance with the legislation in force. As for the issue of marriage registration were not carried out would not interfere with the validity of a marriage that has been conducted in accordance with Islamic law. because simply linked to administrative aspects. Only if a perwainan is not listed, then the couple have no authentic evidence that it has executed a valid marriage. As a result, the views from the juridical aspect, the marriage is not recognized by the government, so it does not have the force of law. Positive and negative impacts also accompany praktk marriage siri them to minimize their positive impact through free sex adultery. On the other hand also the negative impact is detrimental to many parties, especially the rights and obligations of women and children from the marriage siri. As a result of the consequences of the marriage that do not have a Marriage Certificate, in Juridical husband or wife and children who are born unable to perform civil legal action related to the household. Her children will only be recognized by the State as a child beyond the mating just have a civil relationship with her mother and her mother's family. Keywords: Children's rights from siri marriage, divorce


2020 ◽  
Vol 11 (1) ◽  
pp. 35
Author(s):  
Bangun Eddi Suryanto ◽  
Friska Devi

The purpose of the study with the title the impact of Pontianak City waterfront development on changes in aspects of community life around the banks of the Kapuas river, by taking the issue of how the economic situation of the community around before and after the construction of Waterfront Pontianak City and how the impact of the development of Pontianak City waterfront on aspects of community life around the banks of the river Kapuas. This research method is a descriptive qualitative approach, using interview and observation techniques. The results showed that the changes that occurred after the development of Waterfront Pontianak City experienced positive and negative impacts. Where these changes occur in economic aspects and social welfare. Changes in the economic aspects, namely they feel the income they get increased from before this development. But for the sake of the construction of the Waterfront Pontianak City, the government demolished the houses of residents around the banks of the Kapuas river. So this causes the pros and cons of the community because the community feels that the compensation given by the government is not what they expected.


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