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All Journal INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Jurnal Suara Hukum
Hardianti, Firda Yanis
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Law, Crime, Criminology & Criminal Justice

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Urgensi Percepatan Pengesahan Rancangan Undang-Undang Penghapusan Kekerasan Seksual Hardianti, Firda Yanis; Efendi, Reno; Lestari, Putri Diah; Puspoayu, Elisabeth Septin
Jurnal Suara Hukum Vol 3, No 1 (2021)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n1.p26-52

Abstract

According to the Annual Report of the National Commission on Anti-Violence Against Women, cases of sexual violence continue to increase each year. The data shows that Indonesia needs regulations that protect victims of sexual violence. So far there has been no legislation that accommodates the whole of crimes and sexual violence resulting in a vacancy and uncertainness of the law. Indonesia needs laws that can complement its special nature governing and carrying out all forms of sexual violence (lex specialis propensionem sexualem identitatemque). So the existence of laws specifically governing sexual violence is critical to providing guaranteed protection and legal certainty for victims of sexual violence in a more perfect range. The withdrawal of the MCC Bill from Prolegnas is clearly not the answer to the growing problem of sexual violence. So by conducting this research will be a clue to the urgency of the Sexual Violence Elimination Bill which encourages the certainty of legalization. This research conducted by library review method which will produce a research analysis of the impact that will occur due to the delay in the ratification of the MCC Bill with the enactment of the Criminal Law Bill (RKUHP) as it is currently.
Imposing Additional Criminal Sanction of Chemical Castration against Child Sexual Violence Perpetrators Hardianti, Firda Yanis; Rusdiana, Emmilia
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 7, No 1 (2022): Indonesia J. Crim. L. Studies (May, 2022)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v7i1.35077

Abstract

This paper aims to examine the fulfillment of the requirements for implementing the judge's decision Number: 69/Pid.Sus/2019/PN Mjk in providing additional punishment in the form of chemical castration and rationalization of the Indonesian Doctors Association (IDI) in approving the implementation of the decision. The results of the study indicate that the conditions for implementing the decision No. 69/Pid.Sus/2019/Pn Mjk in providing additional punishment for chemical castration has been fulfilled, because the conditions for the imposition of additional punishment in the form of chemical castration are imposed after the convict has served the principal sentence in accordance with Article 81A paragraph (1) of Law Number 17 of 2016 concerning child protection. The reason IDI is obliged to approve the implementation of Decision Number: 69/Pid.Sus/2019/PN Mjk is that when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed. So, in practice, when a doctor is asked to perform chemical castration, the doctor must do so because this provision is a legal order and there is a justification for this. The decision Sus/2019/PN Mjk is when a regulation is included in the legislation, this provision is perfectly binding and must be obeyed.
Co-Authors Efendi, Reno EMMILIA RUSDIANA, EMMILIA Lestari, Putri Diah Puspoayu, Elisabeth Septin