UNAIR NEWS – President Joko Widodo (Jokowi) has just issued Government Regulation (PP) Number 70 in 2020 concerning Procedures for Implementing Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Perpetrator Identity Disclosure of Sexual Violence against Children which was officially signed on December 7, 2020. The PP sparked mixed reactions of the public. One of the criminal experts at Faculty of Law, Universitas Airlangga (UNAIR) Amira Paripurna, SH, LL.M., Ph.D., also gave her perspective.
Sexual disorders recovery effort
In general, the lecturer known well as Amira explained that there are two types of sanctions in criminal law, first, criminal sanctions that are reactive to an act and are given to provide a deterrent effect on the perpetrator. The second one is action sanctions that are anticipatory to provide assistance so that perpetrators of criminal acts can change for the better. In that case, Amira said that chemical castration is categorized as sanction for action.
“Chemical castration needs to be done as a means of repairing the perpetrators’ sexual desires to suppress sexual urges or criminal acts of sexual violence against children,” she explained.
The act of chemical castration, which is carried out by injecting an anti androgen (anti testosterone) drug into the perpetrator, is considered not as torture, but as an effort to restore sexual disorders. According to Amira, chemical castration as punishment has three purposes based on the perspective of the combined theory. Among these objectives are retaliation against the perpetrator as a result of the criminal act of sexual violence committed; as a deterrent, provide a sense of security and order in society; and to restore sexual problems suffered by the perpetrator.
Do not violate human rights
The lecturer in the Criminal Law course stated that chemical castration must be based on a medical assessment before the judge makes a verdict. The medical assessment is expected to provide a diagnosis regarding whether or not a perpetrator is subjected to chemical castration. In addition, Amira explained that chemical castration must be carried out in the rehabilitation stage, not after the perpetrator has completed his criminal period.
“If chemical castration is carried out in the psychiatric medical treatment stage that has gone through a medical assessment, then the action is aimed at rehabilitating the perpetrator and not against human rights. That is because psychiatric treatment is an action that is carried out based on human aspects to treat sexual disorders suffered by the perpetrator, ” she emphasized.
Punishment for child offenders
In the government regulation on Chemical Castration, it is stated that the sanctions do not apply to perpetrators who are still children. In this regard, Amira said that she agreed with this point. Therefore, child offenders cannot be equated with adult offenders. Moreover, the types, forms of sanctions, and actions are considered different from adults.
Not a new law
Furthermore, Amira explained that chemical castration is not a punishment that has just been applied in Indonesia. According to her, castration sanctions as a form of punishment or treatment have been applied to several countries including the European Union and the United States.
“Based on data from the World Rape Statistics in various countries in the world, currently there are 20 countries that impose castration sentences. So, Indonesia is not the only country that applies the law, ” she said.
Finally, Amira hopes that the implementation of the castration sanction to be carried out carefully based on a medical assessment so the goals of rehabilitation can be achieved.
“If the process is not carried out properly, then the goal of recovering the perpetrators could go astray. Supervision must also be managed well,” she concluded. (*)
Author: Nikmatus Sholikhah
Editor: Feri Fenoria