| dc.contributor.author | WINDARI, RUSMILAWATI | |
| dc.date.accessioned | 2017-07-21T02:49:46Z | |
| dc.date.available | 2017-07-21T02:49:46Z | |
| dc.date.issued | 2017-04-04 | |
| dc.identifier.uri | http://repository.umy.ac.id/handle/123456789/11653 | |
| dc.description | 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. | en_US |
| dc.description.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. | en_US |
| dc.language.iso | en | en_US |
| dc.publisher | Faculty of Law & Board of Research, Educational Development and Community Empowerment (LP3M) Universitas Muhammadiyah Yogyakarta | en_US |
| dc.subject | chemical castration, sexual violence, human rights, and proportionality theory | en_US |
| dc.title | MEASURING FEASIBILITY OF THE USE OF CHEMICAL CASTRATION TOWARD OFFENDER OF SEXUAL VIOLENCE AGAINST CHILDREN IN VIEW OF HUMAN RIGHTS AND PROPORTIONALITY THEORY | en_US |
| dc.type | Book | en_US |
