Selcuk Koca
Kahramanmaraş Sütçü İmam Üniversitesi

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Effectiveness of Chemical Castration Sanctions and the Principle of Non-Discrimination: A Human Rights, Islamic Law, and SDGs Perspective Muhamad Adystia Sunggara; Selcuk Koca
Profetika: Jurnal Studi Islam Vol. 26 No. 03 (2025): Profetika Jurnal Studi Islam 2025
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v26i03.13627

Abstract

Objective: This study aims to analyze the application of chemical castration sanctions and the principle of non-discrimination from the perspective of criminal law and human rights in Indonesia, as well as to review these policies from the perspective of Islamic law (maqasid al-shariah) and the Sustainable Development Goals (SDGs). Theoretical framework: The theoretical framework of this research uses the concept of the rule of law, the principles of criminal law and human rights, the concept of maqasid al-shariah in Islamic law, and the perspective of SDGs related to justice, health, and the reduction of inequality. Literature review: A literature review analyzes various laws and regulations, court decisions, and academic studies related to the application of chemical castration sanctions as a legal phenomenon. Methods: The research uses normative juridical methods with a literature study approach through the analysis of laws and regulations, court decisions, legal journals, and law enforcement reports. Results: The results of the study show that the effectiveness of chemical castration sanctions is still in doubt and has the potential to contradict the principle of non-discrimination in the 1945 Constitution, ICCPR, and other international human rights instruments. Implications: Chemical castration policies create a dilemma between the protection of communities from sexual crimes and the protection of the human rights of perpetrators, as well as the debate from an Islamic perspective of Islam and the SDGs related to health, justice, and welfare. Novelty: The novelty of this research lies in the integrative analysis of chemical castration sanctions from the perspective of criminal law, human rights, Islamic law (maqasid al-shariah), and SDGs.
Comparative Legal Study on The Implementation of The MK Decision No. 114/PUU-XXIII/2025 and The Doctrine of Civilian Control Over The Military/Police in The United States Husni Thamrin; Şelcuk Koca
JURNAL AKTA Vol 13, No 3 (2026): September 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i3.56122

Abstract

Constitutional Court Decision No. 114/PUU-XXIII/2025 marked a significant turning point in the history of Indonesian security reform by reaffirming the principle of civilian supremacy over the Indonesian National Police (Polri) and the Indonesian National Armed Forces (TNI). This decision prompted comparative legal discourse with the long-entrenched doctrine of civilian control over the military/police in the United States constitutional law system. This article aims to comparatively analyze the normative framework and implementation of the two systems, identifying similarities, differences, and opportunities for adopting universal values into the Indonesian legal system post-ruling. The method used is normative legal research with a comparative law approach and a conceptual approach. The results show that although both systems share the same philosophical foundation, namely the principles of constitutional democracy and the accountability of security institutions to the people, there are substantial differences in implementation mechanisms, oversight structures, and legal traditions. The United States operates a system of civilian control through three integrated branches of power supported by mature legislation such as the Goldwater-Nichols Act and the Posse Comitatus Act, while Indonesia is still in the stage of normative consolidation following the Constitutional Court decision. This research also identifies the phenomenon of erosion of civilian control that can occur even in advanced democracies, as well as the risk of erosion by deference, where civilian authorities rely too heavily on military judgment in strategic decision-making. Constitutional Court Decision No. 114/PUU-XXIII/2025 requires comprehensive legislative follow-up to ensure the effective functioning of the civilian control doctrine, by adapting, rather than simply adopting, the United States model to suit Indonesia's socio-legal context.