TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE

Panggabean, Mompang L. (2021) TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE. Yustisia Jurnal Hukum, 10 (2). pp. 196-212. ISSN 2549 0907

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Abstract

The act of chemical castration is a new sanction in the positive law of Indonesia. However, it is limited to child protection based on Law Number 17 of 2016 imposed on perpetrators of sexual crimes against children. This law applies when the victim is more than one person, seriously injured, has mental and reproductive system disorders, suffers from infectious diseases, or loses their life. This study analyzes criminal policies and people’s reactions to castration concerning the objectives of punishment. It is a doctrinal prescriptive study using a legal approach regarding castration, the relationship between rules, the difficulties arising. Furthermore, it predicts future developments on criminal policies regarding castration in positive law as a new sanction in the criminal system. The results show that the birth of chemical castration in criminal policy reform is based on a balance between the interests of child victims of sexual crimes and perpetrators. However, its existence in positive law does not necessarily make the community accept, though the pros and cons of castration are balanced regarding the purpose of punishment based on Pancasila. The study recommends the need for socialization of castration for society to balance the interests of child victims of sexual crimes and the interests of criminals. Moreover, it recommends increasing non-penal efforts, applying selective castration sanctions, and assisting child victims of sexual crimes.

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