TATA CARA PELAKSANAAN SANKSI PIDANA KEBIRI MENURUT PERATURAN PEMERINTAH NOMOR 70 TAHUN 2020 PRESPEKTIF KEADILAN DAN KEMANFAATAN HUKUM

Amin Sholikah, NIM.: 18103040010 (2022) TATA CARA PELAKSANAAN SANKSI PIDANA KEBIRI MENURUT PERATURAN PEMERINTAH NOMOR 70 TAHUN 2020 PRESPEKTIF KEADILAN DAN KEMANFAATAN HUKUM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Sexual violence against children is a very serious crime that threatens the existence and sustainability of a nation. Castration sanctions are a renewal of criminal law in Indonesia to deal with crimes of sexual violence against children, which in practice require implementation procedures regulated in the Government Regulation. No. 70 of 2020. Various pros and cons occur at various levels of society. Castration is considered a punishment that tortures perpetrators of sexual violence against children. Chemical castration is considered not proven to be effective and efficient in overcoming sexual crimes against children, even though the effectiveness and efficiency of the rule of law is an element in punishment that must be met so that it can be considered as providing justice and benefit. Even so, this chemical castration was first handed down in the Mojokerto District Court judge's Decision Number 89/Pd.Sus/219/PN.Mjk. Therefore, there is a need for research regarding the provisions for the implementation of castration in Government Regulation no. 70 of 2020 and regarding the procedure for the implementation of castration whether it is appropriate or not in the perspective of justice and legal expediency. This research is a library research. The research approach is an interconnected statutory approach. This conceptual approach is used to understand concepts related to norms in a law and a comparative approach, namely comparing castration among other countries as well as a decision approach. The theory used to answer the formulation of the problem in this thesis is the theory of justice and legal benefits. The results of this study indicate that the procedures for implementing castration sanctions according to Government Regulation No. 70 of 2020 is an act of chemical castration which is in the nature of rehabilitation (treatment) not in the form of punishment (punishment) so that medical experts can contribute to the implementation of chemical castration actions up to rehabilitation to eliminate or minimize the side effects of using chemical castration drugs within a certain period of time until the perpetrator can return to normal. The procedure for implementing chemical castration aims to provide rehabilitative justice for the perpetrators and benefits for the perpetrators because the impact will prevent the perpetrators from repeating their crimes. However, further provisions in the ministerial regulation regarding technical procedures for clinical assessment, conclusions, implementation, rehabilitation, supervision, and technical instructions for installing electronic detection devices must be made immediately because these provisions are closely related and very influential for the effectiveness and efficiency of the implementation of chemical castration in order to achieve the goal of chemical castration to prevent perpetrators from repeating their crimes again so that perpetrators can return to society normally.

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