Analysis of Research Results

Oct 13, 2025 by talynt.org 94 views

Juridical Review of Chemical Castration (Chemical Castration) for Perpetrators of Sexual Violence Against Minors and Relevance with the Aim of Punishment (Study of Decision No. 69/Pid.Sus/2019/PN.MJK)

Introduction

The increasing number of crimes, especially sexual crimes targeting minors, has shocked the Indonesian people. Cases of sexual violence against children are considered as extraordinary crimes, which triggers anger and panic among the community and the government. In response to this situation, the government issued Government Regulation in Lieu of Law (Perppu) Number 1 of 2016, which was the second amendment to Law Number 23 of 2002 concerning Child Protection. The Perppu was then passed into Law Number 17 of 2016, which established chemical castration sanctions as a punishment for perpetrators of sexual violence against children, as stated in Article 81 paragraph (7). This article aims to provide a juridical review of the imposition of chemical castration punishment for perpetrators of criminal acts of sexual violence against minors and its relevance with the aim of punishment.

Background

Sexual crime against children is a complex phenomenon and demands serious treatment. In the context of punishment, it is essential to examine whether chemical castration punishment is an additional criminal in line with the prevailing criminal system in Indonesia. This also raises questions about how this sentence can be implemented effectively. The government's decision to impose chemical castration as a punishment for perpetrators of sexual violence against children is a significant step towards combating this crime. However, it is crucial to ensure that this punishment is implemented in a way that is consistent with the principles of justice and human rights.

Research and Methodology

To answer the questions above, this research uses a normative legal approach with several methods, including legislation approaches, concept approaches, comparison approaches, and case studies. With this approach, it is expected that a clear conclusion can be drawn regarding the relevance of chemical castration punishment to the purpose of criminalization. The research aims to provide a comprehensive understanding of the juridical implications of chemical castration punishment and its relevance with the aim of punishment.

Analysis of Research Results

The results showed that the imposition of chemical castration sentences could be considered in line with the purpose of criminalization, provided that the sentence was carried out voluntarily, based on treatment theory oriented to the rehabilitation of the perpetrators. Conversely, if this punishment is applied with coercion, it can be categorized in retributive theory, which is contrary to the principles of humanity and human rights. The research also found that currently there are no clear technical implementation regulations to apply chemical castration punishment as an additional criminal. Therefore, a comparative study is needed with other countries that have implemented chemical castration, to provide references for improvement of existing regulations in Indonesia.

Implementation of Chemical Castration Punishment

The implementation of chemical castration punishment is a complex issue that requires careful consideration. The research found that the punishment should be carried out voluntarily, based on treatment theory oriented to the rehabilitation of the perpetrators. This approach is essential to ensure that the punishment is not only punitive but also rehabilitative. The government, legal institutions, and the community should work collaboratively to ensure that the implementation of chemical castration punishment is done appropriately and effectively.

Conclusion

The punishment of chemical castration as a sanction for perpetrators of sexual violence against minors is a brave and strategic step in combating this crime. However, its application must be done by taking into account the principles of justice and human rights. Collaborative efforts are needed between the government, legal institutions, and the community to ensure that this punishment is not only punitive, but also rehabilitative, so as to reduce the number of sexual crimes against children in the future. Thus, Indonesia can create a safer environment and protect the rights of children better.

Recommendations

Based on the research findings, the following recommendations are made:

The government should establish clear technical implementation regulations to apply chemical castration punishment as an additional criminal.
A comparative study should be conducted with other countries that have implemented chemical castration, to provide references for improvement of existing regulations in Indonesia.
The government, legal institutions, and the community should work collaboratively to ensure that the implementation of chemical castration punishment is done appropriately and effectively.
The punishment should be carried out voluntarily, based on treatment theory oriented to the rehabilitation of the perpetrators.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the juridical implications of chemical castration punishment and its relevance with the aim of punishment.
The study does not provide a comprehensive analysis of the social and cultural implications of chemical castration punishment.
The study relies on secondary data and does not conduct primary data collection.

Future Research Directions

Future research should focus on the following areas:

Conducting a comprehensive analysis of the social and cultural implications of chemical castration punishment.
Conducting primary data collection to gather more accurate and reliable data.
Conducting a comparative study with other countries that have implemented chemical castration, to provide references for improvement of existing regulations in Indonesia.

References

Law Number 17 of 2016 concerning Child Protection.
Government Regulation in Lieu of Law (Perppu) Number 1 of 2016.
Decision No. 69/Pid.Sus/2019/PN.MJK.
Various articles and books on the topic of chemical castration punishment.
Frequently Asked Questions (FAQs) about Chemical Castration Punishment

Q: What is chemical castration punishment?

A: Chemical castration punishment is a type of punishment that involves the use of medication to reduce or eliminate a person's sex drive. This punishment is often used as a sanction for perpetrators of sexual violence against minors.

Q: How does chemical castration punishment work?

A: Chemical castration punishment typically involves the use of medication such as medroxyprogesterone acetate (MPA) or leuprolide acetate (Lupron). These medications work by reducing the production of testosterone, which is a hormone that plays a key role in sex drive.

Q: Is chemical castration punishment effective in reducing recidivism rates?

A: Research suggests that chemical castration punishment can be effective in reducing recidivism rates among perpetrators of sexual violence against minors. However, more research is needed to fully understand the effectiveness of this punishment.

Q: What are the potential side effects of chemical castration punishment?

A: The potential side effects of chemical castration punishment include fatigue, weight gain, and decreased libido. In some cases, the medication may also cause more serious side effects such as osteoporosis or cardiovascular disease.

Q: Is chemical castration punishment a form of torture?

A: Some critics argue that chemical castration punishment is a form of torture, as it involves the use of medication to alter a person's physical and emotional state. However, others argue that this punishment is a necessary measure to protect society from perpetrators of sexual violence.

Q: Can chemical castration punishment be used as a form of rehabilitation?

A: Yes, chemical castration punishment can be used as a form of rehabilitation for perpetrators of sexual violence against minors. By reducing a person's sex drive, this punishment can help to prevent future instances of sexual violence.

Q: What are the legal implications of chemical castration punishment?

A: The legal implications of chemical castration punishment vary by country and jurisdiction. In some countries, this punishment is considered a form of imprisonment, while in others it is considered a form of community service.

Q: Is chemical castration punishment a human rights issue?

A: Yes, chemical castration punishment is a human rights issue, as it involves the use of medication to alter a person's physical and emotional state. This punishment raises concerns about the right to bodily autonomy and the right to be free from cruel and unusual punishment.

Q: What are the potential consequences of implementing chemical castration punishment?

A: The potential consequences of implementing chemical castration punishment include:

Increased recidivism rates among perpetrators of sexual violence against minors
Decreased public trust in the justice system
Increased costs associated with implementing and monitoring the punishment
Potential human rights violations

Q: What are the potential benefits of implementing chemical castration punishment?

A: The potential benefits of implementing chemical castration punishment include:

Reduced recidivism rates among perpetrators of sexual violence against minors
Increased public safety
Decreased costs associated with implementing and monitoring the punishment
Potential human rights benefits

Q: What are the next steps in implementing chemical castration punishment?

A: The next steps in implementing chemical castration punishment include:

Conducting further research on the effectiveness and safety of this punishment
Developing clear guidelines and regulations for the implementation of this punishment
Educating the public and the justice system about the potential benefits and risks of this punishment
Implementing this punishment in a way that is consistent with human rights and the principles of justice.