TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE

The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously inj...

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Autor principal: Mompang L Panggabean
Formato: article
Lenguaje:EN
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Publicado: Faculty of Law, Universitas Sebelas Maret 2021
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Acceso en línea:https://doaj.org/article/51e8dd48d36d435aa7a2a172fe140eb1
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spelling oai:doaj.org-article:51e8dd48d36d435aa7a2a172fe140eb12021-11-15T09:41:00ZTRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE0852-09412549-090710.20961/yustisia.v10i2.51730https://doaj.org/article/51e8dd48d36d435aa7a2a172fe140eb12021-08-01T00:00:00Zhttps://jurnal.uns.ac.id/yustisia/article/view/51730https://doaj.org/toc/0852-0941https://doaj.org/toc/2549-0907The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is 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 of crime, but its existence in positive law does not necessarily make the whole community accept even though the pros and cons of castration are still balanced based on the purpose of punishment based on Pancasila. The recommendations put forward are the need for socialization of castration for all levels of society in a balance between the interests of child victims of sexual crimes and the interests of criminals, increasing non-penal efforts and the application of selective castration sanctions, and providing assistance for child victims of sexual crimes.Mompang L PanggabeanFaculty of Law, Universitas Sebelas Maretarticlecastrationcriminal policycommunity responsesLawKENIDYustisia, Vol 10, Iss 2, Pp 196-212 (2021)
institution DOAJ
collection DOAJ
language EN
ID
topic castration
criminal policy
community responses
Law
K
spellingShingle castration
criminal policy
community responses
Law
K
Mompang L Panggabean
TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
description The act of chemical castration is now one of the sanctions in Indonesia's positive law. However, it is still limited to child protection based on Law Number 17 of 2016, which can be imposed on perpetrators of sexual crimes against children if the victim is more than one person, is seriously injured, has mental disorders, suffers from infectious diseases, reproductive system disorders, and lose their life. This paper analyzes criminal policy and people's reactions to castration concerning the objectives of punishment. This research is doctrinal research as prescriptive research using a legal approach regarding legal categories regarding castration, the relationship between rules, difficulties that arise and predicting future developments on criminal policy regarding castration in positive law as one of the new sanctions in the criminal system. The results of the study is 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 of crime, but its existence in positive law does not necessarily make the whole community accept even though the pros and cons of castration are still balanced based on the purpose of punishment based on Pancasila. The recommendations put forward are the need for socialization of castration for all levels of society in a balance between the interests of child victims of sexual crimes and the interests of criminals, increasing non-penal efforts and the application of selective castration sanctions, and providing assistance for child victims of sexual crimes.
format article
author Mompang L Panggabean
author_facet Mompang L Panggabean
author_sort Mompang L Panggabean
title TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
title_short TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
title_full TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
title_fullStr TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
title_full_unstemmed TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE
title_sort tracing the criminal policy on castration and community response
publisher Faculty of Law, Universitas Sebelas Maret
publishDate 2021
url https://doaj.org/article/51e8dd48d36d435aa7a2a172fe140eb1
work_keys_str_mv AT mompanglpanggabean tracingthecriminalpolicyoncastrationandcommunityresponse
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