Abstract
Background: The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No. 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. However, the imposition of sanctions is considered still many shortages in it. Starting from the element of uncertainty period of implementation, the negative side effects on the body, to the procedure and technical implementation of the castration actions contained in the article.Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.Methods: The authors useds qualitative research methods with descriptive and analytical research. The sources of data are based on the information contained in the literatures bibliography and based on the interviews result.Results: The result of this study shows that chemical castration from a criminal law perspective cannot be categorized as an action sanction. From the perspective of human rights law, the right to be free from condescending punishment is an absolute right which cannot be limited at all. In the bioethics perspective, chemical castration has violated the four principles of medical ethics/bioethics.Conclusion: Chemical castration cannot be claimedaction sanction of law because it violates theprinciples of bioethics whichin resulthumiliates the dignity of medical doctor profession.International Journal of Human and Health Sciences Vol. 05 No. 02 April’21 Page: 194-201
Highlights
The rising cases of sexual violence caused incredible anxiety in the society
Chemical Castrations as an Action Sanctions for Perpetrators of Sexual Violence Law is a phenomenon of justice that is to bring the happiness as much as possible for as many people as possible, so that the law for providing the certainty and justice, but to provide the benefits for the community
The chemical castrations action was initiated from Article 81 section (7) of the Children Protection Law, in its philosophy the law emphasizes that when looking at the development of criminal law in Indonesia there are two categories, which is criminal sanctions and action sanctions
Summary
The rising cases of sexual violence caused incredible anxiety in the society. Sexual violence against children is a form of child abuse where an adult person uses a child for sexual stimulation[1]. The impact of the application of this law, dragged the perpetrators of sexual violence named Wawan Setiadin known as Babeh(49) who had raped 41 underage children in Tangerang, Banten. He is threatened for 15 years prison sentence and additional punishment in the form of chemical castration[5]. The application of chemical castration sanctions is a form of solution issued by the Indonesia Government through the Law No 17 of 2016 regarding Child Protection on the rampant cases of child sexual abuse. Objective: The objective of this research is known as Chemical Castration Actions of sexual violence in the review of the perspective of the enforcement law, criminal law, human rights and bioethics.
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