The Legal Policy Of Chemical Castration Sanctions From A Human Rights Perspective In The Era Of Contemporary Democracy

DOI

10.2991/978-94-6463-634-5_16How to use a DOI?

Keywords

Chemical Castration; Human Right; Sexual Violence

Abstract

The regulation on chemical castration has sparked various pro and con responses from the Indonesian public. Those in favor of chemical castration argue that it is an appropriate measure to reduce the number of sexual violence cases against children. They believe that the punishments or sanctions in place before the introduction of chemical castration were insufficient to address the massive issue of sexual violence against children. On the other hand, those who oppose chemical castration argue that it will not effectively solve the problem of child sexual abuse, as it introduces new issues related to justice and utility. The type of legal research used is normative juridical legal research, which examines written law from various aspects, including theoretical, historical, philosophical, comparative, structural and compositional, scope and content, consistency, general explanations, and Article-by-Article analysis. From a Human Rights perspective, the chemical castration penalty in Undang-Undang Nomor 17 of 2016 is highly contrary to Human Rights. This penalty is considered a form of cruel violence and is in conflict with the provisions in the Constitution of the Republic of Indonesia, existing legislation, and other human rights agreements. Additionally, the imposition of the chemical castration penalty in Undang Nomor 17 Tahun 2016 appears to have been formed solely based on an emotional approach, raising concerns about its potential ineffectiveness.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Waluyo Waluyo
AU  - Raka Widya Nugraha
PY  - 2024
DA  - 2024/12/27
TI  - The Legal Policy Of Chemical Castration Sanctions From A Human Rights Perspective In The Era Of Contemporary Democracy
BT  - Proceedings of the International Conference for Democracy and National Resilience (ICDNR 2024)
PB  - Atlantis Press
SP  - 132
EP  - 143
SN  - 2667-128X
UR  - https://doi.org/10.2991/978-94-6463-634-5_16
DO  - 10.2991/978-94-6463-634-5_16
ID  - Waluyo2024
ER  -