Castration to the Pedophile in Indonesia: Over-Criminalization or Not?

Lukman Hakim,Edi Saputra Hasibuan

The controversy after the issuance of Law Number 17 of 2016 concerning Child Protection which among others regulates the imposition of sanctions for perpetrators of sexual violence against children or better known as pedophile in the form of chemical castration actions accompany the existence of this law. Various reasons were allegedly a criminal policy that over-criminalization for pedophile. Those reasons are the issue of the effectiveness of application in the form of weak data supporting the application of castration, the problem of the effectiveness of the application of castration in several countries, the problem of the effectiveness of castration in the world of medicine and psychology, and the problem of castration in the perspective of criminal law. Whereas a criminal policy besides aiming to provide a deterrent effect for perpetrators and preventive functions against crime is also oriented towards criminalization which is more "humanizing" offenders in the form of treatment. Therefore, this study employed a normative research method and was carried out by using the statutory approach through a review of laws and regulations as well as regulations relating to the issue discussed. Legal materials were obtained from Law Number 17 of 2016 concerning Child Protection and the Criminal Procedure Code (KUHP) as the primary materials. The secondary legal materials were obtained from books, journals, and other literature. Meanwhile, the data collection technique used is library research by examining legal materials relevant to the research discussion.

Volume 12 | Issue 6

Pages: 2618-2625

DOI: 10.5373/JARDCS/V12I6/S20201220