Analisis Yuridis Normatif Sanksi Kebiri Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak Dalam Perspektif Hak Asasi Manusia

Azmizar, Azmizar (2020) Analisis Yuridis Normatif Sanksi Kebiri Bagi Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak Dalam Perspektif Hak Asasi Manusia. Other thesis, Universitas Islam Riau.

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Abstract

Crimes of sexual violence against children are increasing in Indonesia. The threat of punishment against perpetrators as stipulated in Law Number 23 of 2002 as amended by Law Number 35 of 2014, is considered to be still mild. Therefore, the government through Perpu Number 1 2016 which was later passed into Law Number 17 of 2016 concerning Child Protection, with the threat of punishment to a maximum of 20 years in prison up to a chemical castration sentence. Based on the background description of the problem above, the writer is interested in conducting research with the following main issues: What is the background of the birth of Law No. 17 of 2016 concerning Child Protection and how can castration sanctions in the perspective of human rights? This type of research is a normative legal research that is by examining mere literature and secondary data. The nature of this research is analytical descriptive. That is a study that provides an overview of the reality of the object being studied objectively. From the results of this study it can be seen that Law Number 17 Year 2016 Regarding Child Protection is an effort of the government in resolving the problem of sexual violence against children in Indonesia. Its purpose is to provide a deterrent effect and does not apply to child offenders. The castration punishment executor is still being debated. Indonesian doctors refuse to become executors of the sentence. Castration punishment referred to in article 81 paragraph (7) is an inhumane act, thus violating Human Rights as regulated in Article 28G (2) UUD 1945 and Article 33 paragraph (1) of Law Number 39 of 1999 Concerning Human Rights states that "every person has the right to be free from torture, punishment, or cruel, inhumane, degrading treatment and human dignity." The law condemns all acts that demean human dignity. In the end it is advisable for parents to always supervise and protect their children and the government to mengk mengk re-examination of the castration penalty imposed in Indonesia because it is contrary to human rights.

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