Chemical Castration Penalty For Sex Offenders On Children In Indonesia

  • M. Hamdan, Mahmud Mulyadi

Abstract

There have been so many sex crimes in Indonesia lately, and several of the perpetrators are even police officers themselves who are actually law enforcement officials that have to protect people from criminal acts. Therefore, IPW (the Indonesian Police Watch) insists that sex   offenders have to be punished maximally and castrated. Castration penalty is a type of punishment imposed upon perpetrators of sex crimes; it is formulated in PERPU No. 1/2016 which is not found in the Penal Code. Castration penalty which is formulated in PERPU will be implemented after a convict has been imprisoned for two years. Therefore, this castration penalty is a supplementary punishment for convicts who have undergone two year-imprisonment as his principal punishment. The objective of this research is, first, to find out the types of punishment stipulated in legal provisions concerning sex crimes prior to the issuance of PERPU No. 1/2016; secondly, to find out people’s perception on the formulation of castration penalization imposed upon sex offenders; thirdly, to find out which institution/agency that should be the executor of this castration penalty. The research used normative sociological approach. A normative research uses legal provisions and comparison approaches. Sociological research was done in Medan. The research population was the inhabitants who dwelled in Medan, taken by using cluster random sampling technique. The groups of people who were studied were religious group, adolescents and women, medical group (Indonesian Doctors Association), and legislative group (Regional Representative Council) by using questionnaires. The data were analyzed qualitatively. The result of the research showed that, first, sex crimes have been regulated in the Penal Code and in the other legal provisions outside of the Penal Code. The penalty which is formulated in this law is imprisonment; there has been no castration penalty in it so far. Secondly, in general, the Indonesian people oppose to castration penalty imposed on sex offenders even though it is imposed after the convicts have undergone principal imprisonment. Thirdly, if the castration penalty is imposed on sex offenders, people suggest that the executors be doctors or specialists who are professional in their field.             

Published
2020-06-01