Chemical Castration in Indonesia: Perspective of Human Rights and Criminal Law

1Antonius Sudirman, Winner Sitorus

138 Views
34 Downloads
Abstract:

The existence of chemical castration sanctions has raised pros and cons in society. The main issues discussed in this article are: What are the perspectives of criminal law and human rights regarding the existence of chemical castration sanctions against perpetrators of sexual violence against children? To achieve this, the authors conducted a literature study, specifically "the balance theory" that is in harmony with the basic principle of the Indonesian State, Pancasila. The results of the discussion are: first, from the point of view of human rights that chemical castration violates human rights, namely the right not to be tortured or treated inhumanely; and that rights cannot be reduced under any circumstances under Article 28I of the Constitution of the Republic of Indonesia. Second, In the Indonesian context, the chemical castration sanctions are not in line with "the balance theory" in the criminal law that criminal sanctions are intended to educate and protect the public, victims, and perpetrators of crime. Third, chemical castration sanctions have difficulty in implementation in Indonesia, because there are no guidelines for their application. Besides, the Indonesian Doctors Association refused as executor chemical castration sanctions because it is against medical ethics. The benefits derived from this article are that the results of the discussion can be used as input in the context of updating the provisions of the chemical casting in Indonesia so that to be more humane and respect human rights

Keywords:

Criminal Law, Human Rights, Chemical Castration

Paper Details
Month5
Year2020
Volume24
IssueIssue 8
Pages11832-11839