Kebijakan Reformulasi Penjatuhan Sanksi Kebiri Terhadap Pelaku Kejahatan Phedofilia Di Indonesia

Maharani, Nadia (2019) Kebijakan Reformulasi Penjatuhan Sanksi Kebiri Terhadap Pelaku Kejahatan Phedofilia Di Indonesia. Masters thesis, Universitas Islam Riau.

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Abstract

Children are the most vulnerable to experience sexual chills. One of them is phedophilia, the definition of phedophilia is an adult sexual interest in minors. The government's policy step towards this case is to issue Government Regulation in Lieu of Law Number 1 Year 2016 Second Amendment to Law Number 23 Year 2016 concerning Child Protection. Which adds to additional criminal sanctions namely chemical castration, announcement of the identity of the public, and installation of electronic detection devices. However, this policy is reaping the pros and cons, human rights activists, legal practitioners, and the IDI Association reject the castration sanction because it gives a very dangerous effect. So that the Perppu castration is considered to be in a hurry because it only sanctions the physical impact, not regarding mentl of the offender. The main problem in this research is the Formulation Policy on the formation of castration sanctions against phedophilia crime and the presence of castration sanctions in criminal law policy. This type of research belongs to the group of normative legal research. While judging by its nature, this research is analytical descriptive. The government policy on child protection has become a very serious matter proven in Indonesia itself regarding sexual violence / phedophilia has 3 (three) times experienced changes, there is also a law governing criminal acts of phedophilia sexual violence, namely Law Number 23 Year 2002 concerning Child Protection, Law Number 35 Year 2014 concerning Child Protection, and Government Regulation in Lieu of Law Number 1 Year 2016 concerning the Second Amendment to Law Number 23 Year 2002 which has become Law Number 17 Year 2016 concerning Child Protection . The Perppu policy adds additional sanctions in the form of chemical castration, announcement of the identity of the public and the installation of electronic detection devices. The government issued this policy related to compelling urgency reasons. And castration witnesses issued by the government seemed to use an emotional approach without examining more carefully the imposition of sanctions. This is because the castration sanction policy includes inhumane punishment, contains elements of torture that are in conflict with Human Rights and deviates from the UN Convention on the Universal Declaration and human rights regulated in Indonesia. So this Perppu is considered contrary to the formation of law. Even though the chemical castration sanction penalty is temporary it has violated human rights and the effects arising from the administration of castration injection is contrary to the doctor's code of ethics which doctors are obliged to protect. So it is very clear that castration sanctions are contrary to the ethical code of medicine as the executor.

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