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CRIMINAL LAW AND HUMAN RIGHTS ANALYSIS ABOUT CRIMINAL SANCTION OF "CHEMICAL CASTRATION" TO THE PERSON SEXUAL VIOLENCE AGAINST CHILDREN
(1) Dr. Antonius Sudirman, S.H., M.Hum. (2) Dr. Winner Sitorus, S.H., M.H., LLM.

Dr. Antonius Sudirman, S.H., M.Hum., Faculty of Law Atmajaya Makassar University
Dr. Winner Sitorus, S.H., M.H., LLM., Faculty of Law Hasanuddin University


Abstract

Issues discussed in this paper: (1) What is the perspective of criminal law regarding criminal sanctions of "chemical castration" against perpetrators of sexual violence against children? (2) What is the perspective of human rights regarding "chemical castration" criminal sanctions? (3) Are there juridical problems in implementing "castration" chemical sanctions? Data collection techniques in the form of study documents. Data were analyzed using qualitative descriptive analysis. The results of the discussion: first, the inclusion of "chemical castration" criminal sanctions in the law is intended as retaliation to perpetrators of sexual crimes against children. In the Indonesian context the sanctions are seen as incompatible with criminal objectives as a means of protecting the community. Second, the provisions of the criminal sanction of "chemical castration" violating human rights, namely the right not to be tortured or treated inhumanely [vide Article 28G paragraph (2) of the Constitution of the Republic of Indonesia (UUD 1945)]. In Article 28I of the 1945 Constitution, the right not to be tortured is classified as a right that cannot be reduced under any circumstances. Third, criminal sanctions "castration chemistry" have difficulty in its implementation, because the Indonesian Doctors Association refused as executor of punishment "castration chemical" which is considered very contrary to medical ethics.

Keywords: Criminal Law; Human Rights; Criminal Sanction; Chemical Castration.

Topic: Human Rights

Link: https://ifory.id/abstract/2y9zP4EfbX76

Conference: The 1st International Conference on Trade, Business, Human Rights, and Globalization (ICTBHRsG 2019)

Plain Format | Corresponding Author (Antonius Sudirman)

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