Analisis Yuridis Tentang Penjatuhan Sanksi Pidana Kebiri Kimia terhadap Pelaku Kekerasan Seksual terhadap Anak (Studi Putusan Pengadilan Negeri Mojokerto No. 69/Pid.Sus/2019/PN. Mjk Jo. Putusan Pengadilan Tinggi Surabaya No.695/Pid.Sus/2019/PT Sby)

Abstract

Cases of violence or sexual abuse experienced by children as victims perpetrated by those closest to the child are apprehensive conditions, which should teach, protect, educate and direct children to grow and develop into good child behavior. Based on this, the government carried out a criminal law policy through formulation provisions, namely issuing Law no. 17 of 2016 which regulates chemical castration for perpetrators of sexual violence against children. The formulation of the problem in this thesis research is what are the criminal sanctions for perpetrators of sexual violence against children, how are chemical castration punishments for perpetrators of sexual violence against children based on the perspective of criminal law policy, how is the analysis of castration crimes against perpetrators of sexual violence against children in court decisions Mojokerto State No. 69/Pid.Sus/ 2019/PN Mjk Jo. Surabaya High Court Decision No.695/Pid.Sus/2019/PT. Sby. The research used is normative legal research. The nature of this research is a descriptive analysis with a statutory approach (state approach) and an analytical approach (analytical approach), namely by analyzing cases (case studies) using qualitative methods to draw deductive conclusions. The results of the study show that the criminal sanctions for perpetrators of sexual violence against children based on the decision of the Mojokerto District Court against Muh. Aris Bin Gratitude who raped nine minors. The defendant was proven guilty of violating Article 76 juncto Article 81 paragraph (2) of Law Number 23 of 2002 concerning Child Protection. Chemical castration punishment for perpetrators of sexual violence against children based on the perspective of criminal law policy is the provisions of Law Number 17 of 2016 which is a criminal law policy carried out by the government in responding to the rise of cases of sexual violence experienced by children as victims. crime of sexual violence against children in the decision of the Mojokerto District Court No. 69/Pid.Sus/2019/ PN Mjk Jo. Surabaya High Court Decision No.695/Pid.Sus/2019/PT. Sby is Aris Bin Gratitude sentenced to 12 years in prison as well as an additional sentence of castration and installation of an electronic detector because all elements of the crime as charged by the Public Prosecutor namely violating the Primair indictment namely violating Article 76 D Jo Article 81 paragraph (2) of the Law – RI law no. 17 of 2016 concerning Stipulation of Government Regulation in Lieu of Law No. 1 of 2016 concerning the second amendment to the Republic of Indonesia Law Number 23 of 2002 concerning Child Protection