The Effectiveness Policy Of Additional Criminal Punishment Of Chemical Castration Against Perperators Of Sexual Violence Against Children

Abstract

On May 25, 2016 the Government of Indonesia issued a policy, namely carrying out legal reforms by signing Government Regulation in Lieu of Law (PERPPU) Number 1 of 2016 concerning Castration Punishment as an additional punishment. On November 9, 2016 the PERPPU was passed into Law, namely Number 17 of 2016 concerning Child Protection. This regulation is considered ineffective because chemical castration is not a good solution to address crimes of sexual violence against children. The problem in this study is what factors influence effectiveness and what are the obstacles to the implementation of additional chemical castration sentences for perpetrators of sexual violence against children. The research method is normative legal research in the form of a literature study which is carried out by tracing primary and secondary legal materials. The results of the research from the first problem are that of the 5 (five) factors that influence the effectiveness of a regulation none of the factors is fulfilled that the additional punishment of chemical castration is effective. While the results of the research on the second problem are that obstacles to the application of chemical castration occur because it is contrary to human rights, the attorney general cannot carry out the judge's decision because chemical castration is under the authority of a health organization and chemical castration is rejected by IDI because it is against the Hippocratic Oath or doctor's oath and the Indonesian Code of Medical Ethics.