Chemical Castration for Child Rapists Judging from Indonesia's Ratification of ICCPR and CAT

Abstract

The Mojokertoo District Court imposed a castration sentence for the crime of raping a child. Indonesia is still focused on retributive justice. The punishment of chemical castration destroys the mental and future of the perpetrators. The purpose of this study is to describe chemical castration about Indonesia's ratification of the ICCPR and CAT, and chemical punishment in terms of the purpose of punishment. This study uses a normative approach, and the data used are secondary data and qualitative analysis. The results of this study indicate that the imposition of chemical castration for the crime of raping children by the Mojokerto District Court Judge is contrary to Indonesia's ratification of ICCPR, CAT, and violates human rights. The punishment for castration is physical and mental torture. The ICCPR and CAT regulate the prohibition of torture, both physical and mental, which degrades human dignity. Castration is seen as physical and mental torture. Torture is one of the important international instruments in the protection of human rights. Committing torture is seen as an international crime. Chemical castration is a punishment that focuses on deterring the perpetrators. The purpose of punishment includes the protection of the community, rehabilitating and resocializing the perpetrators, to restore the balance between the perpetrators and the people who are disturbed by the commission of a crime. The punishment system is not a prison regulation system but has adopted a correctional system. The penitentiary system is no longer focused on retaliation but on fostering the perpetrators to realize their evil deeds. The punishment of criminals must also pay attention to the values contained in Pancasila, and the values that live in society. The crime of chemical castration needs to be reviewed.