Prevention of sexual violence against children through chemical castration: a reorientation in perspective of victimology

Widjajanti, Ermania and Windari, Rusmilawati (2016) Prevention of sexual violence against children through chemical castration: a reorientation in perspective of victimology. In: Internasional Conference on Victimology and Victims Assistance in Indonesia, 21-22 September 2016, Purwokerto.

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Abstract

A high frequency of sexual violence against children occured in Indonesia undeniably requires government to take any nesessary and serious steps to handle it.Day to day, the cases of sexual violence against children are just like an iceberg phenomenon. The appearance on the surface is so little, but so many cases on the ground actually are still covered. Even, severe punishment imposed to offenders does not make them stopped reoffending it. In response of sexual violence against children, the government of Indonesia eventually issued the Government Regulation in Lieu of Law (Perppu) No. 01 Year 2016 about the second amendment of the Child Protection Law No. 23 Year 2002. Actratively, amongst the provisions regulated, the debatable provision of the Government Regulation in Lieu of Law (Perppu) No. 01 Year 2016 is about the application of chemical castration toward the offender as one of additional punishment. Most people as well as government agree on the effectiveness of chemical castration in reducing the incidences of sexual violence against children. At glance, this punishment as if provides the best protection for children from either occuring or reoccuring the incidences of sexual violence. However, if we further analyse the nature as well as the impact of chemical castration, this punishment does not protect the interest of children as victims. Concerning the balancing principle, the application of chemical castration does not accomodate the balancing idea of law. It is only oriented to offender without taking into account the interest of victims, considering o child who is victimized to sexual violence tends to suffer psychologial problem such as rape trauma syndrom in her entire life, and he/she may potentially become offender in the future. In this matter, there is no attention or specific treatment such as administering compesation provided for victims as mandated by Declaration of Basic Principle of Justice for Victims of Crime and Abuse of Power. In term of deterrence effect, chemical castration only contains temporary deterrence, and less futuristic­ orientation. We may say that this punishment is sustainable and expensive punishment. The offender must routinely be injected and the effect of chemical castration may endure only in more and less three months. Taking into account the serious impact of sexual violence to the development of children, the legal issues we present in this article is whether the chemical castration sanctions implementation has reflected the victim protection? This research is a legal research with normative as well as conceptual approach. It aims at measuring to what extent the application of chemical castration in protecting children, either as victims or victims-to be.

Item Type: Conference or Workshop Item (Paper)
Uncontrolled Keywords: sexual violence, children, chemical castration, victimologi
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Undergraduate Program in Law
Depositing User: Diona Diona Diona
Date Deposited: 30 Jul 2017 13:53
Last Modified: 03 Nov 2017 04:21
URI: http://libprint.trisakti.ac.id/id/eprint/116

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