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Original Research

IMPLEMENTATION OF CASTRATION LAW ON CHILD RAPE AS A DETERMINATION EFFORT FOR PERPETRATOR IN INDONESIA

NOVELINA MUTIARA SARIATI HUTAPEA 1, MASDIN SARAGIH 2, JENRIS WANDI DAMANIK 3, and RAJIN SITEPU 4.

Vol 18, No 07 ( 2023 )   |  DOI: 10.17605/OSF.IO/KXFCZ   |   Author Affiliation: Universitas Simalungun, Indonesia 1,2,3; Universitas Islam Negeri Sumatera Utara, Indonesia 4.   |   Licensing: CC 4.0   |   Pg no: 1701-1707   |   Published on: 28-07-2023

Abstract

The purpose of this study is to investigate the effectiveness of castration as a deterrent for child rapists in Indonesia. A normative approach, or documentary legal research, was utilized in the writing of this research. The study's findings demonstrate that the purpose of giving punishment is to repair the damage that is both individual and social caused by a crime. In Indonesia, sexual assaults have increased annually. The government passed PERPU No. 1/2016 to Law 17/2016 which imposes harsher penalties for sexual violence crimes, including chemical castration, because the Criminal Code's and Child Protection Law's criminal penalties for perpetrators of sexual violence are considered to be ineffective. Society has pro and contra of chemical castration in terms of its efficacy and its use, which is regarded as a violation of human rights. However, in addition to these advantages and disadvantages, the Government should prepare human resources, infrastructure, and regulations for effective, efficient, and on-target implementation in order to reduce the rise in sexual violence and prevent recurrence.


Keywords

castration law; child sexual violence; deterrent effect