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

  • Hario Danang Pambudhi Fakultas Hukum Universitas Padjadjaran (UNPAD) Bandung
  • Hanifah Alya Chaerunnisaa Fakultas Hukum Universitas Padjadjaran (UNPAD) Bandung

Abstract

 
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.

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Published
Oct 7, 2021
How to Cite
PAMBUDHI, Hario Danang; CHAERUNNISAA, Hanifah Alya. MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA. JURNAL LITIGASI (e-Journal), [S.l.], v. 22, n. 2, p. 177-204, oct. 2021. ISSN 2442-2274. Available at: <https://journal.unpas.ac.id/index.php/litigasi/article/view/3766>. Date accessed: 16 aug. 2022. doi: http://dx.doi.org/10.23969/litigasi.v22i2.3766.
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Articles