JURNAL LITIGASI (e-Journal)
Vol 22 No 2 (2021)

MENINJAU ULANG SANKSI KEBIRI KIMIA DARI PERSPEKTIF PEMBAHARUAN HUKUM PIDANA BERDASARKAN PANCASILA

Hario Danang Pambudhi (Unknown)
Hanifah Alya Chaerunnisaa (Unknown)



Article Info

Publish Date
07 Oct 2021

Abstract

Starting from the state's concern about the increasing numbers of sexual violence against children, the government has issued a chemical castration policy for perpetrators of sexual violence against children as an additional punishment or treatment. In general, children are a group vulnerable to sexual violence. This is because children are deemed unable to defend themselves and inadequate sex education in Indonesia. Through this research, the researchers tried to see whether the implementation of the castration policy can be the right form of punishment. By using the normative juridical method through an approach to legal principles with qualitative data analysis presented in a descriptive-analytical manner, the researchers found that the chemical castration policy against perpetrators of sexual violence against children actually injures the concept of criminal law reform which is currently on the country's big agenda to create criminal law in accordance with the values ​​of Pancasila, namely peace. The chemical castration policy is also a form of state neglect of the rights of victims and the rights of perpetrators which should be accommodated properly, without having to use chemical castration as a solution. Keyword: Chemical castration, Balance, Victims, Criminal law reform, Perpetrators.

Copyrights © 2021






Journal Info

Abbrev

litigasi

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher ...