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KEBIRI KIMIA TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DALAM PUTUSAN PENGADILAN BANJARMASIN No.859/Pid.Sus/2023/PN.Bjm. (STUDI PERSPEKTIF TEORI TUJUAN PEMIDANAAN DALAM HUKUM ISLAM DAN HUKUM POSITIF)
The increase in cases of sexual violence against children in Indonesia still occurs frequently and the number has not experienced a significant decrease every year. Evidenced by data from the Online Information System for the Protection of Women and Children (SIMFONI PPA) from January to early May 2024, there were 559 victims of sexual violence against children aged 0-5 years, 1,565 against children 6-12 and 2,495 children aged 13-17 years. With the promulgation of Government Regulation Number 70 of 2020 concerning Procedures for Conducting Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation and Announcement of the Identity of Perpetrators of Sexual Violence against Children, it is hoped that cases of sexual violence against minors will experience a significant decrease, but in reality there are still many cases of criminal acts of sexual violence against children that occur. There are several cases of sexual violence that have been decided by the court with additional criminal penalties based on PP No.70 of 2020 in it and are inkrah, one of which is the decision of the Banjarmasin District Court in case Number 859/Pid.Sus/2023/PN Bjm. This study aims to analyze the chemical castration punishment against perpetrators of sexual violence against children, from the perspective of the theory of punishment objectives in Islamic law and the theory of punishment objectives in positive law. This research is a library research, which is descriptive analytic in nature using a normative juridical approach, by examining the problematics of chemical castration punishment by using a document study of Banjarmasin District Court Decision number 859/Pid.Sus/2023/PN Bjm. From the studies that have been conducted, it is concluded that the Panel of Judges based the provision of the main and additional penalties in the form of chemical castration based on the defendant's actions that have violated the provisions of Article 81 paragraph (3) jo Article 76D of the Child Protection Law, as well as Article 81 paragraph (3) of Law No. 17 of 2016 and Article 81 paragraph (7) of Law No. 17 of 2016 jo. PP No. 70 of 2020. The chemical castration punishment according to the theory of the Purpose of Punishment in Islamic law is in line with the category of al-Jazā' theory which emphasizes just retribution, and al-Iṣlāḥ theory which is oriented towards repair and prevention. While the theory of the purpose of punishment in positive law views that the chemical castration punishment given to perpetrators of sexual violence against children is an appropriate action in order to make preventive steps for the possibility of the same behavior happening again, it is also intended to make perpetrators of sexual violence against children deterrent, so that they think long and hard about it and become a method of rehabilitation for perpetrators so as not to reoffend and include the theory of integrative or combined punishment.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
KEBIRI KIMIA TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DALAM PUTUSAN PENGADILAN BANJARMASIN No.859/Pid.Sus/2023/PN.Bjm. (STUDI PERSPEKTIF TEORI TUJUAN PEMIDANAAN DALAM HUKUM ISLAM DAN HUKUM POSITIF) (Text)
KEBIRI KIMIA TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK DALAM PUTUSAN PENGADILAN BANJARMASIN No.859/Pid.Sus/2023/PN.Bjm. (STUDI PERSPEKTIF TEORI TUJUAN PEMIDANAAN DALAM HUKUM ISLAM DAN HUKUM POSITIF) (Other)
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