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      • 01. BOOKS
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      • Proceeding International Conference On Law & Society (ICLAS VI) 2017
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      MEASURING FEASIBILITY OF THE USE OF CHEMICAL CASTRATION TOWARD OFFENDER OF SEXUAL VIOLENCE AGAINST CHILDREN IN VIEW OF HUMAN RIGHTS AND PROPORTIONALITY THEORY

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      Date
      2017-04-04
      Author
      WINDARI, RUSMILAWATI
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      Abstract
      The enactment of chemical castration through the Government Regulation in Lieu of Law (Perppu) No.01 Year 2016 presumably has brought a new hope in reducing high frequency of sexual violence against children in Indonesia. Inspite of being relied as an effective measure, this punishment also attracts contentious arguments amongst various experts, and its feasibility starts to be questioned. In addition to violate code of medical ethics, the existence of paradoxal interests between children rights and the human rights of offender definitely become a substantial problem in resisting chemical castration as an effective way to protect children from sexual violence. Eventually, an issue is raised in this article is about the feasibility of the use of chemical castration in perspective of human rights and children protection in Indonesia. This article is written by using normative and theoritical approaches, which aims at measuring to what extent the feasibility of chemical castration in preventing sexual violence against children.The feasibility of chemical castration can be measured through two perspectives, namely human rights and proportionality. In view of human rights, the use of chemical castration is not justified and clearly constitutes human rights violation as prescribed in Article 7 ICCPR. Moreover, in accordance with Article 4 ICCPR, it is explicitly declared that free from this punishment is categorized as non-derogable rights. In perspective of proportionality principle, by considering criteria of legitimacy ends, suitability, necessity, dan proportionality stricto sensu, the use of chemical castration has not yet meet those criteria, thus its effectivity is still doubted.
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      http://repository.umy.ac.id/handle/123456789/11653
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