Penjatuhan Kebiri Kimia Bagi Pelaku Persetubuhan terhadap Anak dan Kaitannya dengan Hak Asasi Manusia (Analisis Putusan Nomor: 5/Pid.Sus/2022/PN Bjm dan Nomor 859/Pid.Sus/2023/PN Bjm)

Abstract

Chemical castration is a relatively new concept in Indonesia's criminal justice system, and its application to perpetrators of sexual intercourse with children remains controversial from a human rights perspective. The issues raised in this thesis are: 1) How is the criminal offense of sexual assault against children, as a form of sexual violence, regulated under Indonesian criminal law?; 2) How is the implementation of chemical castration for perpetrators of sexual assault against children regulated, and how does it relate to human rights in Indonesia?; 3) How do judges consider the imposition of chemical castration on perpetrators of child sexual abuse in the decisions of the Banjarmasin District Court No. 5/Pid.Sus/2022/PN Bjm and No. 859/Pid.Sus/2023/PN Bjm? This study uses a normative legal research method that utilizes secondary data obtained from primary, secondary, and tertiary legal sources through literature review and case studies, employing qualitative analysis. The study concludes that, in addition to the Criminal Code (KUHP), the regulation of child sexual abuse offenses is also addressed in several other regulations, including: the Child Protection Law, the TPKS Law, the TPPO Law, and the PKDRT Law. The procedure for chemical castration is carried out in three stages: clinical assessment, conclusion, and implementation (execution). The consequence of implementing chemical castration is the revocation of the right to procreate, which is one of the human rights that are derogable rights. Although chemical castration is temporary, its negative side effects have the potential to become an act of torture, thereby contradicting the provisions of Article 33(1) of Law No. 39 of 1999 on Human Rights, which guarantees the right to be free from all forms of torture, a nonderogable right. The judge in Judgment No. 5/Pid.Sus/2022/PN Bjm and No.859/Pid. Sus/2023/PN Bjm imposed a chemical castration sentence on the perpetrator, emphasizing sociological considerations, namely the various harms suffered by the child victim based on the facts presented in court, which were qualified as aggravating factors for the defendant, including the perpetrator's status as the stepfather and religious teacher of the child victim