REFORMULASI HUKUM PIDANA TERKAIT TINDAKAN KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL

Authors

  • I Gusti Agung Virlan Awanadi Universitas Udayana
  • I Ketut Rai Setiabudhi Universitas Udayana

Abstract

Sexual violence is an act that harms the values ​​embodied in decency and religious norms. The government issued a policy, a Government Regulation, to address this issue by administering chemical castration to sexual violence perpetrators. The purpose of this study is to reformulate the Government Regulation Implementation in order to find the appropriate reformulation of future regulations against perpetrators of sexual violence. This is because there has been a lot of debate for and against this issue. The methods of normative legal research, which are related to norms and approach statutory regulations and concepts, are used in problem solving. Castration was found to have no justification in this study. influenced by varying opinions and provisions regarding castration. Examples include doctors refusing to execute sexual violence perpetrators and going against the 1945 Constitution in Article 28B regarding the right to continue offspring. The implementation of castration in the Child Protection Stipulation Law itself can be removed to reformulate the castration sanction policy. In the Government Regulation for the Implementation of Castration, sexual violence cases can only be handled by rehabilitation facilities. In addition, the Criminal Code, the Elimination Of Domestic Violence Law, and the Criminal Acts Of Sexual Violence Law all already contain provisions that are more pertinent to handling cases of sexual violence.

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Published

2023-08-01

How to Cite

I Gusti Agung Virlan Awanadi, & I Ketut Rai Setiabudhi. (2023). REFORMULASI HUKUM PIDANA TERKAIT TINDAKAN KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL . Jurnal Komunikasi Hukum (JKH), 9(2), 162–172. Retrieved from https://ejournal.undiksha.ac.id/index.php/jkh/article/view/67650

Issue

Vol. 9 No. 2 (2023): Agustus, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).