CHEMICAL CASTRATION AS PUNISHMENT FOR SEXUAL OFFENDER AGAINST CHILDREN (A DIGNIFIED JUSTICE PERSPECTIVE).
Journal Title: International Journal of Advanced Research (IJAR) - Year 2018, Vol 6, Issue 11
Abstract
Efforts to combat sexual violence crimes are inevitably. They are aim at protecting the community to achieve public welfare. The existing criminal law taking a penal means. At the same time there has been other means, namely non-penal. Under the Dignified Justice Jurisprudence proposed by Professor Teguh Prasetyo, the philosophical basis for chemical castration sanctions is the issuance of Law Number 17 Year 2016 concerning the Establishment of Government Regulation in lieu of Law Number 1 Year 2016 concerning the Second Amendment to Law Number 23 Year 2002 concerning Child Protection Law. In it, it has been considered that sexual violence towards children from year to year is increasing and threatening the strategic role of children as the future generation of the Indonesian nation and state. Therefore there has been a need to aggravate criminal sanctions and provide action against perpetrators of sexual violence against children. To address the phenomenon of sexual violence against children the Law aims at a deterrent effect on the perpetrators, and preventing the occurrence of sexual violence against children. The Government needs to take some more optimal and comprehensive steps by not only providing criminal sanctions as well as implementing a form of prevention by giving actions in the form of chemical castration. With the principle of dignified justice, sanctions for chemical castration as an additional sanction for temporary imprisonment are still applicable. They are included in the normative provisions applicable in the Republic of Indonesia. Sanctions of chemical castration however must pay attention to the dignity of a better human being based on Pancasila. In the hope of the sexual offender is enable to return and accepted by the community.
Authors and Affiliations
Noenik Soekorini, Teguh Prasetyo, Otto Yudianto
Keywords
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- EP ID EP423118
- DOI 10.21474/IJAR01/7994
- Views 91
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