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Sofia Suryani
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Kebiri Kimia bagi Pelaku Kejahatan Seksual Nak dalam UU No. 17 Tahun 2016 tentang Perlindungan Anak Perspektif Maslahah Sofia Suryani; Hamdani Hamdani
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 2 (2026): June 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i2.1679

Abstract

The high number of cases of sexual violence against children in Indonesia, even though children are a trust from Allah SWT who have the right to protection. One of the state's efforts in responding to this problem is by establishing chemical castration sanctions as an additional punishment for perpetrators of child sexual crimes as regulated in Law No. 17 of 2016 concerning Amendments to Law No. 23 of 2002 concerning Child Protection. This provision has caused debate in society, so that further study is needed regarding these sanctions from a maslahah perspective. This study formulates two problem formulations, namely: 1) What are the provisions for chemical castration penalties for perpetrators of child sexual crimes in Law No. 17 of 2016, 2) How is the maslahah study of chemical castration sanctions. This type of research is a normative legal research with a normative juridical approach, namely library research that examines legal materials and laws and regulations. The data used consists of primary data in the form of laws and regulations and secondary data in the form of books and articles, analyzed qualitatively with a descriptive analytical method. The research findings indicate that the provision of chemical castration in Law Number 17 of 2016 is part of Indonesia's criminal law policy to strengthen child protection through increased sanctions. Chemical castration is not classified as a principal punishment, but rather as an additional punishment imposed based on a court decision and implemented after the principal punishment. Its implementation is regulated in Government Regulation Number 70 of 2020 through clinical assessment and medical supervision. From a maslahah perspective, the application of this sanction is a ta'zir policy to realize the public interest, prevent harm, protect children, and maintain public order.