CD Tesis

Penjatuhan Hukuman Kebiri Kimia Terhadap Pelaku Kejahatan Seksual Pada Anak Dikaitkan Dengan Asas Legalitas

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ANDRIO LOKA SAPUTRA, NIM. 1710246673, Sentencing of Chemical Castration Punishment for Sexual Crimes in Children Associated with the Principle of Legality, guided by Erdianto Effendi and Mukhlis R.
Castration punishment contains an element of torture, while it is contrary to Indonesia's commitment to protect citizens from being free from the threat of cruel, inhuman and degrading punishment. This paper discusses the imposition of chemical castration sentences on perpetrators of sexual crimes on children associated with the principle of legality and about the judges' consideration in imposing chemical castration sentences on perpetrators of sexual crimes against children in accordance with statutory regulations. The research method is a normative legal research study of legal principles, researchers collect data consisting of primary, secondary and tertiary data. The data collection technique is literature study. Data analysis was carried out qualitatively and drawing conclusions from the author using deductive thinking methods.
The conclusion of this study is that if it is associated with the principle of legality, then a person's actions must be judged according to the rules in force at the time the act was committed (lextemporis delictie). However, if after the act is carried out a change in legislation, the mildest rules for the defendant are used, as determined in Article 1 paragraph (2) of the Criminal Code, so that the lextemporis delictie is limited by Article 1 paragraph (2) of the Criminal Code. The application of the principle of legality in imposing chemical castration sentences on perpetrators of sexual crimes on children will support the enactment of a legal certainty and equal treatment. And the consideration of judges in imposing chemical castration sentences on perpetrators of sexual crimes against children is in accordance with the laws and regulations for perpetrators of sexual crimes against children listed in the Law of the Republic of Indonesia Number 17 Year 2016 Regarding the Establishment of Government Regulations in Lieu of Law Number 1 Year 2016 Concerning the Second Amendment to Law Number 23 Year 2002 concerning Child Protection becomes Law. The castration of castration punishment aims to prevent the occurrence of sexual crimes against children and to overcome the condition of sexual abuse in children, which is currently increasing constantly.
The author's suggestion is to prevent the occurrence of sexual crimes, especially against minors, it is necessary to make Government Regulations as implementing regulations so that the sentence imposed is more strict and creates a deterrent effect for the perpetrators. Then the castration law was made as the main law, not only as an additional punishment thus the castration law was expected to provide a sense of justice and security, especially for children and their families.
Keywords: Chemical Castration, Sexual Crime, Principle of Legality.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

10 14. 220 (0009)

Penerbit

Pekanbaru : Universitas Riau – Pascasarjana – Ilmu Hukum., 2020

Deskripsi Fisik

ix, 84 hlm.: ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

10 14. 220 (0009)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

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Info Detail Spesifik

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Pernyataan Tanggungjawab

WIRA

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