Kebiri Kimia Dalam Kekerasan Seksual Terhadap Anak (perspektif HAM dan Hukum Pidana Islam)

Umar, Zulkarnaini and Wiarti, July and Rahmaddani, Rahmaddani (2021) Kebiri Kimia Dalam Kekerasan Seksual Terhadap Anak (perspektif HAM dan Hukum Pidana Islam). Jurnal Hukum Positum, 6 (2). pp. 179-205. ISSN 2541-7185

Text 2. Kebiri kimia dalam kekerasan seksual terhadap anak.pdf - Published Version Download (400kB)

Abstract

Sanctions for perpetrators of sexual violence against children have developed, namely the emergence of chemical castration. However, its existence has pros and cons. This study examines the issue of chemical castration regulation, looking at it from the perspective of Human Rights and Islamic Criminal Law. Using normative legal research methods based on secondary data. The results obtained, the provisions are contained in Government Regulation in Lieu of Law no. 1 of 2016 Articles 81 (7), (8), (9) and 81 A. Human Rights Perspective, chemical castration is seen as an inhuman punishment based on international regulations such as the Universal Declaration of Human Rights and others. From the perspective of Islamic criminal law, the punishment of castration on pedophile convicts can provide a deterrent effect (zawajir) against the perpetrators. In this case, the stipulation of castration punishment can be categorized as ta'zir punishment (additional punishment), namely the judge can ijtihad to find and determine a law that has no punishment in both the Qur'an and Hadith with consideration of zawajir (deterrent effect).

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