Analisis Yuridis Mengenai Hukuman Kebiri Kimia Kepada Pelaku yang Melakukan Kekerasan Seksual terhadap Anak (Studi Putusan Nomor. 859/Pid.Sus/2023/Pn Bjm)

Abstract

Sexual abuse toward children is done n various ways and purposes illegally; here, the children are victims. The handling of this offense in the criminal legal system still tends to view it from and offense done by the perpetrator. Indonesian govement imposes chemical castrated punishment as a breakthrough to minimize this kind of offense which is increasing. According to Law No. 17/2016 on Child Protection, the implementation of chemical castrated punishment gives order to doctors to do this punishment upon the perpetrator, and it causes problems concerning the aspect of human rights and medical ethics. It can be seen from the Verdict No.859/Pid. Sus/2023/Pn.Bjm which imposes the defendant with additional chemical castrated punishment. The formulae of the problem are as follows: how about the regulation about chemical castrated punishment upon the perpetrator of sexual abuse in indonesia, how about the problem of this punishment for the perpetrator of sexual abuse toward children, and how about the judge’s legal consideration in imposing this kind of punishment upon the perpetrator specified in the Verdict No.859/Pid. Sus/2023/Pn. Bjm. This research uses juridical normative research method by analyzing legal principle by conducting library research. The research also uses descriptive method, ad the data are analyzed by using descriptive qualitative research. The result of the research on the Verdict No. 859/Pid.Sus/2023/Pn.Bjm suggests that the judge states that it has been proven that the defendant, a teacher, committed violence by forcing a minor to do sexual intercourse with him. The additional punishment, chemical castrated punishment, is considered controversial; it will weigh down the punishment of the perpetrator. The advantage of this type of punishment lies on the aspects of protection, prevention from recurrent event, and fulfillment of the sense of justice. It is the government’s seriousness in protecting children and upholding justice which has to be matched with protection for the perpetrator’s rights. The absurdity in its implementation, the potency of the change in the perpetrator’s condition during his detention, the unpreparedness of the execution agency, and the conflict of ethics with health care providers can cause the risk of legal uncertainty and the potency of violating human rights for the perpetrator which has to be protected during the legal process in the implementation of sanction, without ignoring the principle of justice and humanity in implementing chemical castrated punishment upon the perpetrator, and also restoring and protecting the children as the victims.