Sanksi Kebiri Kimia (Chemical Castration) Terhadap Pelaku Pedofilia dalam Perspektif Hukum Pidana, HAM, dan Islam

Lachev, Meganica Idha Khan Heramay and , Muchamad Iksan, S.H., M.H. (2022) Sanksi Kebiri Kimia (Chemical Castration) Terhadap Pelaku Pedofilia dalam Perspektif Hukum Pidana, HAM, dan Islam. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

The policy of action sanctions in the form of chemical castration against perpetrators of sexual violence (paedophilia) has led to various debates, both in the realm of criminal law, human rights, and Islamic law. This sanction is due to the increasing number of cases of sexual violence against children, so the government takes firm steps to prevent sexual violence against children (paedophilia). Chemical castration is regulated in Undang-Undang Nomor 17 Tahun 2016 Tentang Perubahan Kedua Undang-Undang Perlindungan Anak, while chemical castration is given to adult perpetrators who have intercourse with children under certain conditions. The purpose of this study is to find out how the chemical castration sanctions (chemical castration) are in the perspective of criminal law, human rights, and Islam. The type of research used by the author is descriptive-qualitative and comparative, in this method, the process for obtaining data is as it is and the author will compare each research result. The results of this study indicate that chemical castration against paedophile perpetrators in a criminal perspective have fulfilled the purpose of punishment, namely as in the combined theory which is punitive, namely providing a deterrent effect for perpetrators, is anticipatory because of these sanctions people are afraid of the threat of punishment for perpetrators, paedophiles so that they will not commit these acts, as well as rehabilitation for perpetrators, is to provide treatment medical and psychiatric. In the perspective of human rights, it is seen as inconsistent with human rights, but considering the interests of children and the cruelty committed by the perpetrators, it is natural that chemical castration must be carried out and must be carried out with clear procedures. Pedophilia in the perspective of Islamic law is classified as jarimah hudud, so that the imposition of chemical castration sanctions is an inappropriate step for pedophile perpetrators to crush damage from adulterers to children that causes harm, so that the appropriate punishment is not chemical castration. for the perpetrators but the death penalty for the benefit of the guaranteed maqashid shari'ah principle which aims to protect the community, especially children.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	chemical castration sanctions, paedophile perpetrators, criminal law, human rights, Islamic law
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Hukum
Depositing User:	MEGANICA IDHA KHAN HERAMAY LACHEV
Date Deposited:	25 Mar 2022 01:37
Last Modified:	25 Mar 2022 01:37
URI:	http://eprints.ums.ac.id/id/eprint/99092

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