TRACING THE CRIMINAL POLICY ON CASTRATION AND COMMUNITY RESPONSE

M. Panggabean
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Abstract

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.
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追溯阉割的刑事政策及社会反应
化学阉割行为现在是印度尼西亚实在法中的一项制裁。然而,它仍然仅限于根据2016年第17号法律对儿童的保护,如果受害者不止一人、受重伤、患有精神障碍、患有传染病、生殖系统障碍和失去生命,则可以对儿童性犯罪的肇事者实施该法律。本文从刑罚目标的角度分析了刑事政策和人们对阉割的反应。这项研究是作为规范性研究的理论研究,使用法律方法研究有关阉割的法律类别、规则之间的关系、出现的困难以及预测作为刑事系统新制裁之一的成文法中关于阉割的刑事政策的未来发展。研究结果表明,化学阉割在刑事政策改革中的诞生是基于性犯罪儿童受害者与犯罪人利益的平衡,但它在实在法中的存在并不一定能让整个社会接受,即使阉割的利弊仍然基于基于潘卡西拉的惩罚目的而得到平衡。所提出的建议是,在性犯罪受害儿童的利益和罪犯的利益之间取得平衡,需要在社会各阶层使阉割社会化,增加非刑事努力和实行选择性阉割制裁,并向性犯罪受害儿童提供援助。
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来源期刊
CiteScore
0.70
自引率
0.00%
发文量
11
审稿时长
12 weeks
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