CRIMINAL IMPLEMENTATION OF CHEMICAL CASTRATION FOR PEDOPHILIA IN THE FRAMEWORK OF CHILD PROTECTION IN INDONESIA
Criminal acts of sexual violence that occur in Indonesia are increasing day by day even though Indonesian law has regulated punishment for perpetrators of sexual violence by adding aggravating punishment in the form of castration against perpetrators, however, the level of sexual violence in Indonesia is still increasing . The increase in criminal sanctions is directly proportional to the increase in the number of criminal acts of sexual violence, especially pedophilia. Sexual violence against children is very contrary to child protection because the effects of sexual violence against children are long-term effects both health-wise and mentally. This is a highlight in Indonesia, especially if you look at the data collected by the Police Bareskrim PPA Unit from regional PPA Units ranging from Polda to Polres, The purpose of this study is to analyze punitive efforts that can provide a deterrent effect and deterrence effect (retribution) for pedophile perpetrators in Indonesia, to analyze the reasons for castration criminal punishment cannot be applied to pedophile perpetrators even though it has been regulated in the Law and to analyze the concept of chemical castration which for some people is considered torture and is considered inhuman. The method used in this study is the normative juridical method. Punishment efforts that can provide a deterrent effect and deterrence effect (retribution) for pedophile perpetrators in Indonesia can be in the form of giving severe or maximum punishment and providing severe punishment (additional) in the form of chemical castration. In addition to formal punishment sanctions or in accordance with formal law in force in Indonesia, there are also non-formal sanctions given by prisoners in prisons for pedophile offenders in the form of corporal punishment which is often carried out in detention when they learn of cases that occur in the form of sexual violence against children. Punitive sanctions that can have a deterrent effect and deterrence effect for pedophiles in Indonesia must have a direct impact on perpetrators so as to achieve legal protection for children who are victims of sexual violence. The reason for the aggravation of the crime of castration cannot yet be applied to pedophilia perpetrators even though it has been regulated in the law because even though the legal rules have been regulated and sanctions can be given to perpetrators who violate them in accordance with the principle of legality, where this principle states that criminal acts must be regulated first in law or a legal rule before someone can be punished. Because there is still conflict between the executors, in this case doctors who firmly refuse to carry out chemical castration because it is against the doctor's code of ethics and oath, apart from that, the criminal sanction of castration for pedophiles is considered inhumane.
Sexual Violence, Pedophilia, Chemical Castration.