Comparative Studies Between Islamic Criminal Law and Positive Law about Castration as Additional Punishment for A Pedophile

Keywords

hoax; fake news; takzir; act against the law; positive law

Abstract

A castration punishment for a criminal offender of pedophilia is a surgical action given to the perpetrator for a crime committed against a child due to the perpetrator’s abnormal sexual development. In Indonesia, castration as additional punishment that has been passed into law by the government,yet there are still pros and cons in society. Islam views castration as additional punishment either through surgical methods or injectable chemicals for the perpetrators of pedophilia is relevant. This is because criminal act of pedophilia is considered as a criminal act that threatens the nurture of reason. The purpose of the punishment is already relevant to the purpose of Islamic law that is to protect the public from the fear caused by the crime. Meanwhile, according to the positive legal perspective, castration as additional punishment is an imposition form of suffering to the perpetrator for violating the law and human rights with the aim to protect children from the crime of the pedophiles. From these two perspectives, castration as the additional punishment is a reasonable punishment that can be executed tocriminal offenders of pedophilia to give a deterrent effect. In line with the foregoing conclusion, to the authorities to strictly impose castration as the additional punishment to the criminal offenders of pedophilia in Indonesia in order to create a sense of security and peace in society from the threat of this crime, especially to protect children as the next generation.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Sri Warjiyati
PY  - 2019/04
DA  - 2019/04
TI  - Comparative Studies Between Islamic Criminal Law and Positive Law about Castration as Additional Punishment for A Pedophile
BT  - Proceedings of the 3rd Annual International Seminar and Conference on Global Issues (ISCoGI 2017)
PB  - Atlantis Press
SP  - 126
EP  - 130
SN  - 2352-5398
UR  - https://www.atlantis-press.com/article/55916199
ID  - Warjiyati2019/04
ER  -