eprintid: 73015
rev_number: 10
eprint_status: archive
userid: 12460
dir: disk0/00/07/30/15
datestamp: 2025-09-17 07:09:09
lastmod: 2025-09-17 07:09:09
status_changed: 2025-09-17 07:09:09
type: thesis
metadata_visibility: show
contact_email: muh.khabib@uin-suka.ac.id
creators_name: Andika Satria Kumala, NIM.: 20103060066
title: 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)
ispublished: pub
subjects: 297.413
divisions: jur_pma
full_text_status: restricted
keywords: Kebiri Kimia, Teori Tujuan Pemidanaan, Hukum Positif, Hukum
Islam
note: Fuad Mustafid, M.Ag.
abstract: 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.
date: 2025-07-22
date_type: published
pages: 140
institution: UIN SUNAN KALIJAGA YOGYAKARTA
department: FAKULTAS SYARIAH DAN HUKUM
thesis_type: skripsi
thesis_name: other
citation:   Andika Satria Kumala, NIM.: 20103060066  (2025) 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).  Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.   
document_url: https://digilib.uin-suka.ac.id/id/eprint/73015/1/20103060066_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
document_url: https://digilib.uin-suka.ac.id/id/eprint/73015/2/20103060066_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf