Formulation of sanction regulations for the crime of chemical castration in Indonesia

Abstract

There are advantages and disadvantages to implementing the castration penalty. On the one hand, the implementation of the castration penalty is expected to have a positive and preventive impact on perpetrators of criminal acts, as well as reducing the number of sexual violence against children. However, on the other hand, the application of chemical castration is considered a violation of Human Rights (HAM). Although the types of sanctions for each type of criminal act are different, what is clear is that the application of sanctions in criminal discipline must still refer to the objectives of the discipline itself. This research aims to determine the legal application of the chemical castration penalty in Indonesia and examine and analyze the criminal legal provisions for chemical castration for perpetrators of criminal acts of sexual violence against children. This research uses a normative juridical criminal law approach, namely by analyzing written documents or regulations. The approach used in this research can be a statutory approach and a case approach to the crime of castration. The results of research regarding the use of chemical castration in Indonesia have not been implemented and the direction regarding the implementation of chemical castration is still unclear. Until now there have been no perpetrators of chemical castration because in general the Indonesian Specialist Doctors Association (IDI) firmly rejects the existence of chemical castration punishments and does not allow doctors to be perpetrators of chemical castration punishments. To detail the punishment of chemical castration in disciplinary settings, several reasons can be used as a basis for punishing chemical castration on perpetrators of sexual crimes against children. There is no evidence to suggest that castration punishment has a deterring effect, or that there is a side effect of castration punishment that makes the discipline disproportionate to the perpetrator's actions