Castration Law for Perpetrators of Sexual Violence

Most of us must often hear the castration law for criminals. The law of castration is considered appropriate to be given to people who commit sexual violence. Castration law is a type of punishment given to perpetrators of sexual violence and crimes.

Castration law is also known as chemical castration law. The law on castration is regulated in Government Regulation (PP) Number 70 of 2020 concerning Procedures for Carrying Out Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children.

In its implementation, castration law is carried out on perpetrators who have been convicted and sentenced to a medical procedure to remove the penis and testicles, or the male external sex organs. Castration law itself has been in force in Europe since the Middle Ages.

Launching from the Merdeka.com page, castration laws are still enforced in many countries around the world. The techniques of castration law are grouped into two, namely physical castration and chemical castration. Physical castration is carried out by amputating the external sex organs of the rapist. This will make the offender lack the hormone testosterone.

Meanwhile, chemical castration is carried out by injecting an anti-testosterone substance into the perpetrator’s body so that it reduces testosterone levels. This hormone is mostly produced by Lydig cells in the testicles. Anti-testosterone substances make sexual desire to be reduced.

Types of Castration Law

The castration law itself reaps the pros and cons. Those who are pro- castration law argue that sexual crimes are classified as extraordinary crimes that claim the future of the victim and cause severe trauma. Therefore, the perpetrators should be punished with castration law.

The opposing party considers castration law to be a violation of international agreements on human rights. Which stated that the state should not punish humans by degrading human rights and human values.

In practice, castration law consists of two types, namely physical castration law and chemical castration law. Based on the book Castration Law in Interdisciplinary Studies published on the Merdeka.com website, the following is an explanation of the two types of castration laws.

  • Physical castration is carried out by cutting off the external sex organs of the perpetrator of the rape so that the perpetrator will be deficient in the hormone testosterone. When someone lacks this hormone will reduce sex drive.
  • Chemical castration is carried out by injecting anti-androgen chemicals into the body so that the testosterone hormone will decrease. This will make sexual arousal go down. Chemical castration is not permanent. When antiandrogenic substances are not given to a person’s body, these effects will stop. Sexual arousal and erection ability will return to the body.

Legal Basis of Castration

Adam Yuriswanto and Ahmad Mahyani in their article entitled “Campus Punishment as Additional Crime in Sexual Crime Crimes” stated that the implementation of castration law for punishment is in accordance with the joint theory because it focuses on retaliation which creates a deterrent effect through a rehabilitation process.

Castration law in Indonesia does not apply without a legal basis. the legal basis used is Law Number 23 of 2022 concerning Child Protection. This legal basis is strengthened by Government Regulation Number 70 of 2020 concerning Procedures for Carrying Out Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children.

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In Article 1 Paragraph 2 PP Number 70 of 2020 it is stated that the act of chemical castration is the administration of chemical substances through injection or other methods, which is carried out to perpetrators who have been convicted of committing violence or threats of violence forcing a child to have intercourse with him or with another person, causing victim of more than 1 (one) person, resulting in serious injury, mental disorder, infectious disease, impaired or loss of reproductive function, and/or death of the victim, to suppress excessive sexual desire, accompanied by rehabilitation.

Sexual violence may not be committed against anyone, including children, adults, women, men, young and old. They have the right to live life in peace and security. The prohibition against committing sexual violence against children is contained in Articles 76D and 76E of Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection.

In Article 76D it is stated that “Everyone is prohibited from committing violence or threats of violence to force a child to have intercourse with him or with another person”.

Meanwhile, Article 76E states that “Everyone is prohibited from committing violence or threats of violence, forcing, deceiving, committing a series of lies, or persuading a child to commit or allow obscene acts to be carried out”.

Procedures for Chemical Castration

Chemical castration is carried out by installing electronic detection devices and rehabilitation for perpetrators of sexual violence against children based on a court decision. In Government Regulation Number 70 of 2020 concerning the Implementation of Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children, it is also stated regarding procedures for chemical castration.

The following is an explanation of the legal procedures for chemical castration based on the government regulation.

1. Clinical Assessment

Clinical assessment is carried out by a team consisting of officers who have expertise in the medical and psychiatric fields. Clinical assessment includes clinical and psychiatric interviews, physical examination, and investigations. Meanwhile, the procedure for clinical assessment is as follows.

a. The ministry that organizes government affairs in the field of law submits a notification to the prosecutor.

b. Notification as referred to in letter a shall be made no later than 9 (nine) months before the convict has finished serving his principal sentence.

c. Within a period of 7 (seven) working days after the notification referred to in letter b, the prosecutor submits a notification and coordinates with the ministry administering government affairs in the health sector to carry out a clinical assessment.

d. Clinical assessment begins no later than 7 (seven) working days after receiving the notification as referred to in letter c.

 

2. Conclusion

The conclusion is the result of a clinical assessment to ensure that the sex offender deserves or is not subject to castration. This conclusion is conveyed to the prosecutor a maximum of 14 working days after receiving the notification from the prosecutor.

The perpetrators of intercourse deserve to be subject to chemical punishment with a maximum delay of 6 months. During the delay period, a clinical re-assessment and re-conclusion was carried out to ensure the feasibility of chemical castration.

3. Implementation

The procedures for implementing castration for perpetrators of sexual violence as stated in Government Regulation Number 70 of 2020 concerning Implementation of Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence are as follows.

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a. The implementation of chemical castration is carried out after the conclusion referred to in Article 8 states that the perpetrators of intercourse are eligible to be subject to chemical castration.

b. Within a period of no later than 7 (seven) working days after receiving the conclusion referred to in letter a, the prosecutor orders the doctor to perform chemical castration on the perpetrators of intercourse.

c. The implementation of chemical castration as referred to in letter b is carried out immediately after the convict has finished serving the principal sentence.

d. The implementation of Chemical Castration is carried out in government-owned hospitals or designated regional hospitals.

e. The implementation of the Chemical Castration Action was attended by prosecutors, representatives from the ministries in charge of government affairs in the field of law, ministries in charge of government affairs in the social sector, and ministries in charge of government affairs in the health sector;

f. The implementation of chemical castration is stated in the minutes.

g. Forcibly notify the victim or the victim’s family that chemical castration has been carried out.

Cases Sentenced to Castration in Indonesia

Indonesia has applied castration to several perpetrators of sexual violence. Summarizing from the Regional.kompas.com page, here is a list of cases of sexual violence where the perpetrators were sentenced to chemical castration.

1. Muhammad Aris

Muh Aris, the perpetrator of the rape of 9 underage girls in the Mojokerto Regency area. Muh Aris was sentenced to 12 years in prison and a fine of 100 million in subsidy for 6 months in prison.

Then, the judge added castration to his sentence. Even though Aris filed an appeal, the judge still gave him a castration sentence. Muh Aris raped with the motive of looking for female victims when the perpetrator returned from work.

2. Rahmat Santoso Slamet

Rahmat Santoso Slamet, a scout teacher in Surabaya, was sentenced to castration. This is because he raped 15 of his students. He invited the children to practice scouting at his home. Then, raped the male student.

The seduction given was to invite him to study scout material at his home so that he could become an elite scout team. It’s not only the scout students who are victims. His neighbors were also victims.

3. Father in Banjarmasin who raped his son

A father in Banjar still raped his son and was sentenced to 20 years in prison. He was also given an additional sentence in the form of chemical castration for two years. The perpetrator, AM, is alleged to have raped his biological child on January 12, 2021.

4. Dian Ansari

Dian Ansori, an official at the Integrated Service Center for the Empowerment of Women and Children (P2TP2A) in East Lampung, raped a 13 year old child. Worse, the child was a rape victim who was entrusted to the institution.

Dian Ansori didn’t just rape the child. He even sold victims to several men. This case began when the victim was entrusted to undergo a mentoring program in the context of psychological and mental recovery.

The victim has been receiving protection since the end of 2019. The victim’s trauma did not heal, instead she was sexually assaulted again. The perpetrators were sentenced to chemical castration, 20 years in prison, and paid restitution to victims of seven million rupiah.