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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
Gerry Joe, Gerry
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Law, Crime, Criminology & Criminal Justice Social Sciences

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KEBIJAKAN FORMULASI SANKSI KEBIRI KIMIA DI INDONESIA DI TINJAU DARI PERATURAN PEMERINTAH PENGGANTI UNDANG-UNDANG NOMOR 1 TAHUN 2016 TENTANG PERLINDUNGAN ANAK Wahyudi, Endik; Gerry Joe, Gerry
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 3 No 2 (2019): Desember 2019
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v3i2.2306

Abstract

The crime of sexual violence in Indonesia is increasing every year. Criminal penalties for perpetrators of sexual violence as stated in the Penal Code and Child Protection Act were considered ineffective until the Government issued The Replacement Government Regulation No. 1 of 2016 that applies criminal sanctions to perpetrators of sexual violence among others by chemically applying castration. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia today. His arrangement of chemical castration and rehabilitation as an additional punishment, to date has not been published, so the mechanisms and technicalities are unknown. In addition, interested sectors are not involved in the establishment of such rules resulting in rejection as executors.
KEBIJAKAN FORMULASI SANKSI PIDANA KEBIRI KIMIA DI INDONESIA YANG AKAN DATANG Wahyudi, Endik; Gerry Joe, Gerry
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 4 No 1 (2020): Juni 2020
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v4i1.2310

Abstract

Since the publication of The Substitute Government Regulation (PERPU) No. 1 of 2016 on the second Amendment to Law No. 23 of 2002 on Child Protection, two cases have been decided given chemical castration measures. However, until now the process of funding / sanctions has not been implemented even though it has the power of law anyway. Due to the absence of institutions willing to do so, including Ikatan Dokter Indonesia who felt the sanction was an act that violated the Health Law, as well as the act of chemical castration is seen as retaliation for its actions that of course deviate from the original purpose of funding. This is the background to conducting normative research on the policy of chemicalbirth sanction formulations that apply in Indonesia in the future. This research uses normative research methods, to find the right formulation of sanctions for perpetrators of sexual crimes. The discussion of criminal formulation policy regarding chemical castration as punishment becomes very necessary, seeing its leading sector refuse to be an executor. The act of chemical castration into treatment or treatment of the perpetrator is a solution that can be provided, in line with the statement from ikatan dokter Indonesia, pedophilia is a sexual disorder that occurs due to psychological disorders.
Co-Authors Wahyudi, Endik