Chemical Castration Sanctions: A Criminal Law and Human Rights Perspective in Indonesia

Redaksi Literasi Hukum Indonesia

17 Feb 2023 · 13:05 17 February 2023 13:05 WIB 5 minutes reading time: 5 minutes 2 read

Legal Literacy - This article discusses criminal sanctions in the form of chemical castration for perpetrators of sexual violence in Indonesia, and its relation to Human Rights. Every year, crimes...

Chemical Castration Sanctions: A Criminal Law and Human Rights Perspective in Indonesia

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Table of Contents

Pros and Cons of Government Regulation Number 70 of 2020 concerning Chemical Castration
Recommendation
References

Legal Literacy - This article discusses the criminal sanction of chemical castration on perpetrators of sexual violence in Indonesia, and its relation to Human Rights.

Every year, sexual violence crimes in Indonesia increase. The issue of unequal power relations between perpetrators and victims is the root cause of why the problem of sexual violence has not been resolved until now. Criminal penalties for perpetrators of sexual violence as stipulated in the Criminal Code and the Child Protection Law are considered not yet effective in resolving this issue.

At the end of 2020, the Indonesian Government established Government Regulation Number 70 of 2020 concerning Procedures for Implementing Chemical Castration Measures, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children. This Government Regulation implements the imposition of chemical castration on perpetrators of sexual violence against children. However, the implementation of chemical castration has generated pros and cons in society. Moreover, its effectiveness and implementation are considered to violate Human Rights as stipulated in the 1945 Constitution of the Republic of Indonesia, the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture (CAT) which have been ratified by Indonesia, and Law Number 39 of 1999 concerning Human Rights. So, is the chemical castration punishment appropriate to be implemented in Indonesia?

Based on Government Regulation Number 70 of 2020, the implementation of additional punishment in the form of chemical castration is after the convict has undergone the principal criminal sanction. Meanwhile, medical and forensic psychiatric examinations as well as psychotherapy are carried out when the convict is serving his sentence in prison. Basically, the examination should be applied before a court decision with permanent legal force so that the judge knows whether the chemical castration sanction is effective when applied to the perpetrator. Viewed from a theoretical perspective, the purpose of punishment is no longer based on the act, but must be more based on the perpetrator.