DISCOURSE OF CHEMICAL STARING MEASURES TO OVERCOME SEXUAL VIOLENCE AGAINST CHILDREN IN INDONESIA

Abstract

Sexual violence against children is increasing day by day and threatens the growth and development process of children as the nation's next generation who should be physically and psychologically healthy and prosperous. In this case, the state is obliged to protect children from sexual violence. Protection from sexual violence is regulated in Law No. 35 of 2014 concerning Child Protection, which was later amended by Law No. 17 of 2014. In 2016, repressive protection was implemented with the sanction of chemical castration for perpetrators of sexual violence against children. Technically, implementation is regulated in Government Regulation No. 70 of 2020. This normative legal research using a statutory and conceptual approach concludes that the discourse on the imposition of witnesses to acts of chemical castration is seen from the perspective of the purpose of the action, the perspective of ethics, human rights, legality of the executor, leaving a critical note that the use of sanctions for acts of chemical castration needs to be reviewed. With the enactment of Law No. 1 of 2023 concerning the Criminal Code which determines the types of criminal sanctions in the form of basic penalties, additional penalties, and special penalties for certain criminal acts specified in the Act, while there is no mention of chemical castration, it is possible a material test was carried out regarding the imposition of chemical castration measures.

Keywords

• chemical castration
• sexual violence
• children
• law