Open AccessHUKUMAN KEBIRI TERHADAP PELAKU KEKERASAN SEKSUAL PADA ANAK (PEDOFILIA) DALAM PERSPEKTIF HUKUM ISLAM
Author(s) -
Asri Khumairoh
Publication year - 2018
Publication title -
yudisia: jurnal pemikiran hukum dan hukum islam
Language(s) - English
Resource type - Journals
ISSN - 2477-5339
DOI - 10.21043/yudisia.v9i2.4804
Subject(s) - punishment (psychology) , prison , islam , government (linguistics) , political science , theology , law , chemistry , psychology , philosophy , social psychology , linguistics
Sexual crime of chlidren in Indonesia increased every year. So that government take out Perppu Number 1 year 2016 and determined to be Law Number 17 Year 2016 that applied punishment for a sexual offender by imposing chemically castrated. While in Islam the practice of castration are forbidden. So it takes about religious views as on form of enlightenment and consideration to decide and formulate things especially in national criminal law. Based on the description, formulation problem to deduce and know in this research is: why chemicall castrartion choose as a sanction again pedophile actor? How does review Islamic law to be chemical castrartion again pedophile actor? Research methods used is deskriptif. The techniques used to collec data is librarianship study. Based on the results of the study: first, reason the government choose chemical castrartion again pedophile actor because chemical castrartion can reduce sexual drive person. Process crastation can do when the sexual offender in prison, so that sexual offender take out in prison will return to normal. Second, castration in Islam with cutting procedure, indicated not tio marry and not as apenalty. The practice oe chemical crastation or punishment for pedophile actors is allowed.