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     2026:5/3

International Journal of Judicial Law

ISSN: (Print) | 2583-6536 (Online) | Impact Factor: 8.09 | Open Access

Legal Review of Normative Sanctions of Castration for Perpetrators of Sexual Violence Against Minors

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Abstract

In recent years, the number of cases of violence against children in Indonesia has increased. This is certainly a concern, especially for parents who have children, especially underage. Criticism from various parties urged the Government to issue regulations that could prosecute the perpetrators in the strictest sense. This study aims to find out what is behind the birth of Law Number 17 of 2016 concerning Child Protection and to find out how castration sanctions are from the perspective of Human Rights (HAM). This research is a normative research in the nature of literature (Library Research). The results of the research show that Law No. 17 of 2016 concerning Child Protection is the government's effort to resolve the problem of sexual violence against children in Indonesia. In Article 81 Paragraph (7) there is chemical castration for perpetrators of sexual violence. "against the perpetrators as referred to in paragraph (4) and paragraph (5), may be subject to action in the form of chemical castration and chip installation". After the issuance of Law No. 17 of 2016 concerning Child Protection, there has been much controversy regarding the parties who have the authority to carry out chemical castration executions for convicts. The Indonesian Doctors Association is one of the parties that refuses to be the executor for convicts, this is because it would violate the Medical Code of Ethics. So that until now there is still debate regarding who is the party authorized to carry out the execution of convicts by chemical castration. The chemical castration punishment referred to in Article 81 paragraph (7) is an inhumane act, so that the punishment violates human rights. Provisions of Article 28G paragraph (2). It is also emphasized in Article 33 paragraph (1) of Law no. 39 of 1999 concerning Human Rights. All of these regulations condemn all actions that demean human dignity, so chemical castration for perpetrators of sexual violence is a violation of human rights.

How to Cite This Article

Ardianto Sucinta, Anggraeni Endah Kusumaningrum (2023).

Legal Review of Normative Sanctions of Castration for Perpetrators of Sexual Violence Against Minors

. International Journal of Judicial Law (IJJL), 2(6), 09-14. DOI: https://doi.org/10.54660/IJJL.2023.2.6.09-14

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