KEBIJAKAN HUKUM PIDANA DAN PENGATURAN KEBIRI KIMIA

Abstract

The crime of sexual violence (rape), which has not subsided by the times, technological advances, and advances in the human mindset, has become one of the crimes that really worries society. Sexual violence is an important and complicated issue in all maps of violence against women because there are dimensions that are very specific to women. The problem of unequal power relations between perpetrators and victims is the root of sexual violence against women and children. Legally, the response to the problem of violence against children is carried out by revising existing regulations through Perppu Number 1 of 2016 which has now become Law Number 17 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection. However, in its implementation, the problem arises How to Apply Castration Sanctions to Perpetrators of Sexual Crimes? And how is the implementation of castration sanctions in criminal law policies and the medical code of ethics? If traced, the background to the birth of Law Number 17 of 2016 concerning Child Protection has a sociological and juridical basis because sexual crimes against women and children are rife, so the government feels the need to renew the provision of punishments or sanctions against perpetrators of sexual crimes. So based on these regulations chemical castration sanctions are given to perpetrators of sexual crimes against children in order to give a deterrent effect to perpetrators. The fact is that there is resistance from the medical profession to carry out chemical castration. It becomes ambiguous because on the one hand it becomes an obstacle for doctors because doctors who will execute chemical castration are a violation and there are ethical code sanctions. On the other hand, if an injection of chemical castration is not given by an expert, then of course it can be dangerous for the health and even the lives of perpetrators of sexual violence against children. It was concluded that the implementation of chemical castration was very appropriate in the context of the government's response to sexual crimes that occurred in Indonesia and chemical castration was not an act to harm, hurt and violate the principle of raison d'etre, in fact chemical castration was an attempt to cure people who have sexual disorders. So that people with sexual disorders can live normally according to human nature and not commit crimes that harm other humans.