CHEMICAL CASTRATION PUNISHMENT IN THE PERSPECTIVE OF GOVERNMENT REGULATION NUMBER 1 OF 2016 ON CHILD PROTECTION AND ISLAMIC CRIMINAL LAW

Abstract

Sexual violence against children in Indonesia has increased significantly. The punishment for perpetrators of sexual violence against children listed in the child protection law No. 23 of 2002 is considered not yet effective so the government issued Perpu No. 1 of 2016 which applies criminal charges to the perpetrators in the form of chemical castration punishment. The researcher wants to discuss “the provisions of castration punishment in Perpu and chemical castration punishment from the perspective of Islamic law” to explain the provisions of chemical castration and Islamic legal views on chemical castration punishment. The method used in this research is descriptive-analytical qualitative. The technics of data collections used is library research. The results showed that the castration provision in the Perpu was a chemical castration penalty which was an additional sentence imposed for recidivists, more than one victim, accompanied by rehabilitation, a period of no more than 2 years after the principal crime and was excluded for child offenders. Chemical castration punishment in the view of Islamic law is haram.