CD Skripsi

Kebijakan Hukum Pidana Kebiri Terhadap Pelaku Kekerasan Seksual Pada Anak Dikaitkan Dengan Sistem Pemidanaan

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ABSTRACT
One form of protection for children to anticipate the increase in violence
against children, the Government issued Perpu Number 1 of 2016 which was
ratified into Law Number 17 of 2016 concerning the stipulation of Perpu Number
1 of 2016 concerning the second amendment to Law Number 23 of 2002
concerning Child protection. The regulation provides assistance on the
strengthening of sexual crimes, especially children. In the Perpu criminal
assistance and action. The Perpu states that the perpetrator who commits a
criminal act can be given action in the form of chemical castration with
rehabilitation which will be reviewed directly through the criminal system.
This study aims to explain the chemical castration criminal law policy that
applies in Indonesia in relation to the purpose of punishment. This research is a
normative juridical research that conceptualizes law as a norm including values,
positive law and court decisions. Legal materials are collected by means of
document studies and library research, namely by combining primary, secondary
and tertiary legal materials related to chemical castration criminal law policies in
terms of criminal law and criminal law policy theory. The analysis of legal
materials is carried out by descriptive analysis, namely describing or explaining
what it is about a legal event or legal condition based on primary legal norms.
The conclusions that can be obtained from the research results are First,
the criminal law policy in Law Number 1 of 2016 concerning the second
amendment to Law Number 23 of 2002 concerning Child Protection views
chemical castration against perpetrators of sexual violence in children currently
considers chemical castration as an act that is separate from rehabilitation efforts
does not look at chemical castration in the context of the perpetrator's
rehabilitation. Seeing that the criminal law policy as stipulated in the current law
is oriented towards causing a deterrent effect rather than being carried out in the
frame of rehabilitation. Castration is not necessarily a solution if the perpetrator
who commits sexual violence actually commits the act because of mental
disorders or due to other factors outside of sexual urges. Second, the ideal
castrated criminal law policy against perpetrators of sexual violence against
children is associated with the criminal system, namely paying attention to the
criminal system itself so that the criminal law policy process is mutually
correlated, because in the criminal system there is such a thing as a relative
theory or objective theory, which is based on the basis that crime is a tool to
enforce order (law) in society.
Keywords: Policy, Criminal Law, Sexual Violence, Chemical Castration,
Criminalization.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0162)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0162)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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