CD Tesis
Reformulasi Sanksi Kebiri Kimia Bagi Pelaku Kejahatan Seksual Ditinjau Dari Teori Pemidanaan Relatif
This research aims to see whether or not chemical castration sanctions
are applied to sex offenders when viewed from the Relative Theory of Punishment
and is associated with several examples of decisions. This research is focused on
two problem formulations, namely the application of chemical castration
sanctions against sex offenders and the reformulation of chemical castration
sanctions, both of which are reviewed by the relative theory of punishment. This
research uses normative legal research methods or literature study in order to
obtain secondary data obtained from documentary studies, namely by studying
and analyzing descriptively comparative to legislation with theories that have a
relationship to the problems studied.
From the research results, there are two main things that can be
concluded. First, the application of chemical castration sanctions against sex
offenders has not been implemented effectively in law enforcement in Indonesia
because there is still a discrepancy between the provisions of additional
punishment determined by the legislator with the facts or circumstances that
occur. Second, the Relative theory of punishment views the provision of
punishment not as retaliation for the wrongdoing committed by the perpetrator,
the justification of punishment lies in its purpose, namely to reduce the frequency
of crime. Therefore, it is necessary to reformulate the sanction of chemical
castration from various aspects, including socio-philosophical, socio-political,
and socio-cultural aspects.
The need for a legal breakthrough to provide therapeutic/treatment effects
to perpetrators of sexual crimes through psychiatric rehabilitation efforts.
Because basically, punishment is no longer solely as retaliation, but to re-educate
the person who committed the criminal act to become a useful member of society.
Keywords : Reformulation, Chemical Castration, Sexual Crimes, Relative
Punishment
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