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All Journal Sriwijaya Law Review Jurnal Bina Praja
Henny Yuningsih
Sriwijaya university
Humanities Decision Sciences, Operations Research & Management Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Philosophical Foundation of Chemical Castration for Offenders of Sexual Violence Against Children Henny Yuningsih; I Nyoman Nurjaya; Prija Djatmika; Masruchin Ruba’I
Sriwijaya Law Review VOLUME 4 ISSUE 1, JANUARY 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.297.pp62-78

Abstract

The rate of sexual violence against children in Indonesia is very alarming. Perpetrators of sexual violence against children are usually adults close to the victim, including family members and neighbors. Sexual violence is a violation of human rights. Sexual violence deprives the victim of security and protection, the right to prosper physically and spiritually, the right to be free from torture or treatment that demean human dignity, and the right to live. Chemical castration stipulated in Law No. 17 of 2016 is a form of punishment that is not under criminal law policy in Indonesia, which is based on Pancasila and the 1945 Constitution. Chemical castration formulated in Article 81 Paragraph (7) is not following the values of Pancasila, especially the first principle, namely belief in One and Only God, and the second principle, just and civilized humanity. Substantially, the castration penalty causes an individual to lose the right to continue the lineage and fulfill basic needs as guaranteed in Article 28B paragraph (1) of the 1945 Constitution. The same thing is stated in Article 10, paragraph (1) of Law No. 39 of 1999 concerning Human Rights.
Harmonisasi Kebijakan Pidana dan Non-pidana dalam Tata Kelola Pengendalian Narkotika di Indonesia Gazali Ahmad; Nashriana; Henny Yuningsih
Jurnal Bina Praja Vol 17 No 3 (2025)
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.17.2025-2836

Abstract

Background of Study: The circulation of narcotics in Indonesia has evolved into a complex, asymmetrical threat, demanding a policy reorientation from a purely punitive approach (war on drugs) to collaborative governance, especially following the enactment of Law No. 1 of 2023 (the National Criminal Code). The problem: A repressive penal approach has proven unsuccessful in reducing prevalence and has instead led to extreme overcapacity in correctional institutions, while regional autonomy has not been optimal in supporting prevention due to sectoral egos. Gap of Study: There has been no comprehensive study that integrates the analysis of the new criminal law transition with the collaborative governance model of local government. Theory: This study uses Friedman’s Legal System Theory (Grand), Barda Nawawi Arief’s Criminal Policy (Middle-Range), and Ansell & Gash’s Collaborative Governance (Applied). Aim: Analyzing the harmonization of penal-non-penal policies and reconstructing a collaborative governance model. Research Question: How is the harmonization of legal construction after Law No. 1 of 2023 and how does the collaborative model overcome institutional fragmentation? Method: Juridical-normative with a sociological approach based on secondary data. Results: The National Criminal Code changes the death penalty into a special penalty with a probationary period, requiring the readiness of a rehabilitation structure. Discussion: The failure of penal is due to the disorientation of the legal structure, while non-penal is hampered by weak regional institutional design. Conclusion: Effective drug control requires a balance between criminal policy and facilitative regional leadership. Recommendation: Implementation of the Hexa-Helix collaboration model and integration of P4GN indicators into regional development planning documents (RPJMD/IKU) and the issuance of rehabilitative prosecution guidelines.
Co-Authors Gazali Ahmad I NYOMAN NURJAYA Masruchin Ruba’I Nashriana Prija Djatmika