CD Skripsi

Analisis Pidana Tambahan Kebiri Kimia Dalam Undangundang Nomor 17 Tahun 2016 Tentang Penetapan Peraturan Pemerintah Pengganti Undangundang Nomor 23 Tahun 2002 Tentang Perlindungan Anak Berdasarkan Perspektif Hak Asasi Manusia

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ABSTRACT
Indonesian Criminal Law only recognizes two types of crimes, namely
basic crimes and additional crimes. Chemical castration is included in additional
penalties in Indonesia which are regulated in Law Number 17 of 2016 concerning
Stipulation of Government Regulations in Lieu of Law Number 23 of 2002
concerning Child Protection which provides weighting and additional criminal
penalties for perpetrators of sexual violence against children as regulated in article
81 paragraph 7 that "The perpetrators as intended in paragraphs (4) and (5) may
be subject to chemical castration and the installation of electronic detectors. For
example, the case of Muhammad Aris (21 years) sexually abused 9 children in
Modjokerto. Chemical castration has not been carried out because of rejection
from the National Human Rights Commission (Komnas HAM) expressing its
disapproval because it is contrary to human rights as written in the 1945
Constitution of the Republic of Indonesia Article 28G paragraph 2 which reads
"Everyone has the right to free from torture and treatment degrading human
dignity ”. The purpose of this study is to determine additional criminal regulations
for chemical castration in several countries, to find out additional criminal
penalties for chemical castration in the perspective of human rights in Indonesia,
and to find out normative alternative solutions to the problem of chemical
castration in Indonesia which are regulated in Government Regulation Number 70
of 2020 concerning Tata How to Perform Chemical Castration.
In this study the author focuses on normative legal research on
comparison of law with the data sources used are secondary data and data
collection techniques for normative legal research use the literature review
method and use descriptive analysis which provides a description of the object of
research based on data obtained from the subject under study.
From the research results, it can be concluded that there are several
countries in the world that have imposed chemical castration punishment but in
practice it is still not effective. The imposition of additional chemical castration
punishment aims to reduce the number of sexual crimes and provide a deterrent
effect on perpetrators of sexual crimes against children. However, it is contrary to
human rights as written in the 1945 Constitution Article 28G paragraph 2. By
providing additional punishment for chemical castration, imposing maximum
imprisonment, fines and rehabilitation as well as providing counseling guidance
while in a correctional institution and conducting supervision when the convict is
free. The author's suggestion is to all countries in the world that have imposed
physical and chemical castration penalties to be more selective in diagnosing what
crimes the castration punishment can apply to. Also, law enforcers in imposing
castration penalties should consider the perpetrators' human rights more and
implement alternative solutions that have been made.
Keywords: Additional Crime-Chemical Castration-Human Rights

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0097)

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 (0097)

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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