Sharia and International Law on Chemical Castration Sentence in Sexual Crime against Children: Conflict and Constraint

Isnawati Rais, Khamami Zada, Tresia Elda, M. Nurul Irfan

2018

Abstract

Sexual violence crimes against children in Indonesia have not seen a significant decline over time. Although criminal law has ruled a fitting punishment, pedophile crimes are still rampant in the society. The state then implemented a harsher punishment for sexual violence perpetrators by using chemical castration. This chemical castration punishment sparks an unending debate among the people in Indonesia. This study aimed to analyze the contradictions between the implementation of chemical castration punishment with international law and sharia law. This study used normative legal research that compares the normativity of Indonesian criminal law with the normativity of international law and Sharia law. This study found that international law on Human Rights and Sharia law did not demand physical law that brings damage to the body so that chemical castration imposed in Indonesia by the Government Regulation in Lieu of Law (Perppu Number 1 of 2016), which subsequently becomes the second change to the Law on Child Protection contradicts the international law and Sharia law. This study resulted in a challenge for the policy maker on criminal law to regulate crimes using humanitarian perspectives and religious values.

Paper Citation

in Harvard Style

Rais I., Zada K., Elda T. and Irfan M. (2018). Sharia and International Law on Chemical Castration Sentence in Sexual Crime against Children: Conflict and Constraint.In Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI, ISBN 978-989-758-458-9, pages 2453-2458. DOI: 10.5220/0009944424532458

in Bibtex Style

@conference{icri18,
author={Isnawati Rais and Khamami Zada and Tresia Elda and M. Nurul Irfan},
title={Sharia and International Law on Chemical Castration Sentence in Sexual Crime against Children: Conflict and Constraint},
booktitle={Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,},
year={2018},
pages={2453-2458},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009944424532458},
isbn={978-989-758-458-9},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Conference on Recent Innovations - Volume 1: ICRI,
TI - Sharia and International Law on Chemical Castration Sentence in Sexual Crime against Children: Conflict and Constraint
SN - 978-989-758-458-9
AU - Rais I.
AU - Zada K.
AU - Elda T.
AU - Irfan M.
PY - 2018
SP - 2453
EP - 2458
DO - 10.5220/0009944424532458