THE CONTROVERSY OF CASTRATION PENALTIES ON CHILD SEX

OFFENDER PERPETRATORS

EVIDENCE BASED LEARNING

by

Group 9B

Airlangga University

Surabaya

October 2017
THE CONTROVERSY OF CASTRATION PENALTIES ON CHILD SEX

OFFENDER PERPETRATORS

EVIDENCE BASED LEARNING

TUTOR

Kusuma Eko Purwantari, dr

SCENARIO COMPOSER

Fundhy Sinar Ikrar Prihatanto,dr., MMedEd.

Lina Lukitasari, dr., MSi.

Prof. Dr. N. Margarita Rehatta, dr., Sp.An.KIC, KNA

COMPOSED BY :
GROUP 9B

LEADER
Johan Sebastian Tjioewinata 011711133087

SECRETARY
Aida Badi’Atus Sidqoh 011711133161

MEMBERS
Arya Ivan Mahendra 011711133088
Daru Pramita Dewi 011711133089
Ananda Rahmadanti Perdanakusuma 011711133154
Yuhenanda Dary Pratama 011711133155
Sharifa Audi Salsabila 011711133156
Nadya Kelfinta Hanani 011711133157
Muhammad Rae Galang Perdana 011711133158
Rodia Amanata Rofiq 011711133159
Shazia Hafazhah Aulia 011711133160
CONTENTS

Cover ..................................................................................................... 1

Group Member ..................................................................................... 3

Contents ................................................................................................. 4

Chapter I : Brain Storming

1.1 Scenario ........................................................................................

1.2 Main Problem ...............................................................................

1.3 Keywords ......................................................................................

1.4 First Hypothesis ............................................................................

1.5 First Learning Issues .....................................................................

Chapter II : Problem Analysis

2.1 Answers ........................................................................................

2.2 Methods and Steps to Find The Information ................................

2.3 First Analysis ................................................................................

2.4 Second Learning Issues ................................................................

2.5 First Mind Mapping ......................................................................

Chapter III : Tutorial Conclusion

3.1 Answers ........................................................................................

3.2 Second Analysis ............................................................................

3.3 Final Hypothesis ...........................................................................

3.4 Group Opinion ..............................................................................

3.5 Final Mind Mapping .....................................................................

3.6 Conclusion ....................................................................................

3.7 Obstacles .......................................................................................

Reference ...............................................................................................

Journal Appraisal .................................................................................

Critical Appraisal .................................................................................

Acknowledgement.............................................................................
 CHAPTER ONE

BRAIN STORMING

1.1 SCENARIO
The discovery of Angeline in cardboard with the condition of death due to
suspicion of having sexual violence before death, make public figure and observer
of child start talking to push government to burden punish for perpetrators of
sexual violence against children by doing castration to cause chariness.

1.2 MAIN PROBLEM

Castration penalty as a consequence of acts of sexual violence in children or
minors.
1.3 KEYWORD

Death, Sexual violence, Castration, Public figure, Observer of child,

Perpretrators, Government, Children.

1.4 FIRST HYPOTHESIS

Castration punishment is permitted for child sex offenders.

1.5 FIRST LEARNING ISSUES

1.5.1 What is Castration ?

1.5.1.1 How to do castration ?

1.5.2 What is the impact of castration ?

1.5.2.1 What effect does that have upon the fate of the

perpetrator ?

1.5.3 What is society’s view of castration ?

1.5.3.1 What is legal’s view of castration ?

1.5.3.2 What is religion’s view of castration ?

1.5.3.3 What is medical’s view of castration ?

1.5.4 What is the basis for selection of castration as a solution to the case

of sexual violence ?

1.5.5 What actions include sexual violence ?

 CHAPTER TWO
PROBLEM ANALYSIS

2.1 ANSWER
2.1.1 Castration, known for kebiri, is a testis surgery or getting rid of the function
of testis can be done in toways. They are physical surgery and injection.
2.1.1.1 The mechanism of castration are done by testis surgery and anti-
adrogen injection.
2.1.2 The effect of castration is loss of sexual desire, osteoporosis, a few journals
also stated the emerging of feminism in men, the mass of muscles decreases, and
implication on diabetes. The mental or psychological effect is that it can develop
stress and embarrassment.
2.1.2.1 Castration is not effective and violates Human Rights. What if the
culprit is mentally or psychologically damaged, will the punishment cure them?
Of course there would need some rehabilitation and guidance from people who
are compentent.Castration is incompatible with the relatives theories that have to
maintain the edeucation to the perpretator, as an anticipation to any similiar events
in the future and the purpose of the punishment is not taking revenge. But in fact,
castration will create new problem , like the emergence of psychological and
physical illness on the offender.
2.1.3 according to social sign, castration in Indonesia contrast with human rights
because relieve and decrease a self esteem of humanity. Castration in Indonesia
hasn’t enough to fix a social crimes in Indonesia.
2.1.3.1 According to Indonesian Law, There is contradiction between 81
ayat 7 and pasal 81A ayat 3. Pasal 81 ayat 7 said “...Terhadap pelaku sebagaimana
dimaksud pada ayat (4) dan ayat (5) dapat dikenai tindakan berupa kebiri kimia
dan pemasangan alat pendeteksi elektronik” and pasal 81A ayat 3 “pelaksanaan
kebiri kimia disertai dengan rehabilitasi”. It’s shown a contradiction because in
the its implementation accompanied by rehabilitation.
2.1.3.2 In a religion point of view, in this case is Islam, Islam has never
suggested to punish someone using castration which people think is positive and
can make the culprit feel wary. According to Imam Aziz,The Chief of Nadhlatul
Ulama, in a modern law, castration cannot be done because it affects and is related
to the function of organs which violate Human Right.
2.1.3.3 From a medical point of view, we quote the opinion of Wimpie
Pangkahila which stated in Kompas published on May 25, 2016. He stated that the
anti-adrogen hormone which is injected while doingcastration can cause negative
effect such as early aging in the body. This liquid, explained by Wimpie
Pangkahila, can lessen the density of bones so the possibility of osteoporosis
increases.moreover, the doctor (IDI) as the executor refused to do castration
because it is againts the medical code of ethics which is basis of the profession.
2.1.4 The base of selecting castration according to RI’ social minister in Jokowi
presiden era, Khofifah indar parawansa, the decision in choosing this castrated
pinalty adopt the reference from some countries that apply this such germany. She
thinks that the application of this penalty can make sexual crime in those countries
diminish.
2.1.5 According Komnas Perempuan, there is 15 sexual assault :
1. Raping
2. Sexual intimidation include some threat or sex
3. Sexual Harrasment
4. Sexual Eksploitation
5. Human Trafficking
6. Prostitution
7. Sexual Slavery
8. Forced Marriage
9. Forced Pregnancy
10. Forced Abortion
11. Forced contraception and sterilization
12. Sexual Torture
13. Sexual Punishment
14. Sexual tradition
15. Sexual Control

2.2 FIRST MIND MAPPING

Child sex violence leads to murder

Oppressive penalties for perpetrators using

castration

PRO CON

Decision
2.3 PROBLEM ANALYSIS

Based on explanation and scenario above, we know that public figures and
children’s observer expect the government to incriminate the penalties for the
perpretors of sexual violance. This oppressive penalties are chemical castration.
This castration is obtained in Indonesia’s law which is included on Perppu
(Peraturan Pemerintah Pengganti Undang-Undang) No. 1 Tahun 2016 about The
Second Amandement to Undang-Undang No. 23 Tahun 2002 about Children
Protection.

However, we find the pros and cons of castration penalties for sexual
offenders if we observe from various aspects such as social, law, psychological,
religion and medical aspects. There are the pros about castration penalty observed
from various aspects :

Law : Oppressive penalties castration is included on Perppu (Peraturan

Pemerintah Pengganti Undang-Undang) No. 1 Tahun 2016

Social : According to an expert on criminal law of UII ( Universitas Islam

Indonesia), castration penalty can suppress the number of sexual
violence, especially in children (Saudi, 2016)

There are the cons about castration penalty observed from various aspects :

Social : Application of castration penalty raises many interest from the

netizens that the Government has committed a violation of human
rights (Saudi, 2016). According to IDI, castration also can
humiliate human’s dignity prohibited by the constitution.

Religion : The majority of citizen’s religion in Indonesia are Moslems,

Islam doesn’t recognize the existence of castration penalty
because the provisions of islam is protecting every human being
to their generation. The rights given by God can’t be eliminated
by a human being for any reason.
Medical : Chemical castration is harmful to health because its hurting,
early aging of the body, increases the risk of osteoporosis,
increases risk of heart disease and blood vessel.

Psychological : IDI stated that on the basis of scientific evidence and scientific
proof, chemical castration does not guarantee the potential
behavior of sexual violence perpetrators will be lost

Law : IDI declined Perppu who commissioned doctors as executors

of castration penalty
 CHAPTER THREE

TUTORIAL CONCLUSION

3.1 Final Mind Mapping

Child sex violence leads to murder

Oppressive penalties for perpetrators OUR

using castration GROUP
DECISIO
N

PRO CON

Law Oppressive Caused bone porous

Medical
and muscle
penalties constriction
Reduce sexual Religion
Social
crime Ban castration
Social
Reduce number
Human right
of murdered
victim Psychology
Potential behavior
of sexual violence
Law
can’t be
ascertained

3.2 Problem Analysis

Based on the explanation above, it is known that the application of

castration as a punishment of sexual crimes has some pro and contra perspective.
In Pro side, Castration as punishment could reduce the number of sexual crime
and the number of murdered victim because of sexual assault. In contra side.
There were 4 main point, including medical, religion, Law and Social. Based on
medical perspective, Castration could lead to osteoporosis because the
antiandrogen hormone, which is injected during castration, could lessen the
density of bones. Based on religion and social perspective, astration could not be
done because it harms human rights and vdisfunction a human organs.

3.3 Final Hypothesis

Castration can be done as the punishment of the perpetrator.

3.4 Opinion

3.4.1 Group Opinion

According to our group, castration punishment can not be done as a

proper punishment for perpetrators of sexual violence. The penalty of
castration also makes the perception that the doctor is the executor of
castration punishment. In addition, castration punishment is also an act
of murder slowly to the perpetrators of sexual violence because he will
lose his identity and encourage suicide.

In my opinion castration is surgical action using chemicals aimed

to eliminating testicular function in males and ovarian function in
females. Castration punishment for perpetrators of violent violence is
comparable with his/her actions. However, this punishment is inhuman
because the perpetrator has the right to acquire offspring. So, my opinion
is castration punishment could not be done because it also is violations
of human rights

3.4.2 Indivual Opinion

Name : Arya Ivan Mahendra

NIM : 011711133088

Opinion :
 I think, the castraction in indonesia hasn’t applied yet, besides of
government factor that not notice many persfective and tend to rush for
get a decision to agaist many confuse things. one of these are how if the
punishmen of castraction will created new problems, for example if
someone who get castrated feel desperate and shame may be he or she
can do suicide.

Name : Johan Sebastian Tjioewinata

NIM : 011711133087

Opinion :

In my opinion, castration punishment can not be committed to

perpetrators of sexual violence because it will not deter them. The
penalty of castration actually makes them lose the status of a real man
and can make them physically and psychologically ill. therefore, the
castration punishment will not solve the problem, it only adds to the
victim.

Name : Daru Pramita Dewi

NIM : 011711133089

Opinion :

In my opinion, castration for perpetrators of sexual violence

against children is still less effective and appropriate. If we look from
various aspects, this action have a lot of risk than  benefits. Because in
addition to humiliating human dignity which is a violation of human
rights, is also not justified in Islam. This action also make possible the
offender have mental health's disorders such as depression that can lead
to suicide.And I don't agree that the doctors who were used as executor
of the castration considering the doctor must  cling to the kodeki and the
doctor's oath. So I hope the government to re-examine the Perpu about
castration.

Name : Ananda Rahmadanti Perdanakusuma

NIM : 011711133154

Opinion :

Castration in my opinion is an act with the aim of penalizing the

perpetrators of sexual harassment. Besides castration is also a process of
treatment for the perpetrators who are aware of the disorder. But in my
opinion, this castration does not provide a deterrent effect for the
perpetrator because the soul of them is sick. If there is a sick soul, they
will do sexual harassment again in the future.

Name : Yuhenanda Dary Pratama

NIM : 011711133155

Opinion :

In my opinion castration is surgical action using chemicals aimed

to eliminating testicular function in males and ovarian function in
females. Castration punishment for perpetrators of violent violence is
comparable with his/her actions. However, this punishment is inhuman
because the perpetrator has the right to acquire offspring. So, my opinion
is castration punishment could not be done because it also is violations
of human rights.

Name : Sharifa Audi Salsabila

NIM : 011711133156

Opinion :
Name : Nadya Kelfinta Hanani

NIM : 011711133157

Opinion :

My opinion about the castration as a punishment is not necessary

because in my opinion the existence of this punishment will not make
the perperation feeling guility and distrupt the perpetrator’s personality.
The govermenyt may give another penalties or give mental treatment to
avoid sexual harassment.

Name : Muhammad Rae Galang Perdana

NIM : 011711133158

Opinion :

Name : Rodia Amanata Rofiq

NIM : 011711133159

Opinion :

Based on the scenario that we got, the sexual violence of a child

who caused death and the perpetrator get castration as his punisment, so
is it possible or not? In my opinion, the castration can not be
implemented. First, the doctor (IDI) as the executor refused to do
castration because it is against the medical code of ethics which is basis
of the profession. Secondly, the castration does not give protection to the
child as a victim of sexual violence. Third, castration is incompatible
with the relative theories that have to maintain the education to the
perpretator, as an anticipation to any similar events in the future and the
purpose of the punishment is not taking revenge, but in fact, castration
will create a new problem, like the emergence of psychological and
physical illness on the offender. Fourth, the implementation can be done,
because it’s bounded by the term of the law. Fifth, there is a
contradiction between pasal 81 ayat 7 and pasal 81A ayat 3. Pasal 81
ayat 7 said " Terhadap pelaku sebagaimana dimaksud pada ayat (4) dan
ayat (5) dapat dikenai tindakan berupa kebiri kimia dan pemasangan alat
pendeteksi elektronik " and pasal 81A ayat 3 “Pelaksanaan kebiri kimia
disertai dengan rehabilitasi.” It’s shown a contradiction because in the
implementation of castration, it’s accompanied by rehabilitation.
Rehabilitation according to KBBI is a recovery. Based on the opinions
above, castration can not be implemented.

Name : Shazia Hafazhah Aulia

NIM : 011711133160

Opinion :

In my opinion, the imposition of castration penalty for

perpetrators of sexual crimes is ineffective and unethical. It is because,
first, castration can threaten the health of the perpetrator and make the
perpetrator unable to continue the offspring which is his right ( which is
stated on UUD 1945), so the imposition of this law seems to be like "the
law of revenge". Secondly, even after castration, does not guarantee that
it can control the desire of the offender to perpetrate a sexual crime
again. In addition to that, IDI (who was chosen as executor based on the
constitution) even refused to do it, because it is not in accordance with
the code of medical ethics.

Name : Aida Badi’atus Sidqoh

NIM : 011711133161

Opinion :
 In my opinion, the castration penalties on child sex offender isn’t
effective and unethical. Because it is taking the rights of perpetrator,
which is right to be free from ruthless treatment and inhumane that can
devalue them. In addition, the impact of chemical castration by injecting
anti-testosterone itself, there are physical and psychological impact.
Testosterone hormone’s reduction will caused bone porous and muscle
constriction and affect the brain so that the perpetrator feels
uncomfortable and petulant which may harm people around them.
Injecting anti-testosterone is temporary, If it is not injected continuously,
the testosterone hormone will back to normal and desire of sexual will
reappear so it cannot cause chariness.

3.5 Conclusion

The government have to re-examine the Undang-Undang about

castration with many perspectives, so the implementation of castration can be
done. Now, the castration in Indonesia can not be implemented becase of
some factors, such as :

1. In the social view, castration contradicts with human rights.

2. In religion view, in this case is Islam, According to Imam Aziz, Th Chief
of Nadhiatul Ulama, castration can not be done because it affects to the
function of organs.
3. In the medical view, the doctor (IDI) as the executor refused to do
castration because it is against KODEKI (Indonesian Medical Code of
Conduct and Code of Conduct for the Implementation of Indonesian
Medical Code of Ethics).
4. Castration as the punishment of the perpetrator does not give protection to
the child as a victim of sexual violence.
5. Castration is incompatible with the relative theories that have to maintain
the education to the perpretator, as an anticipation to any similar events in
the future and the purpose of the punishment is not taking revenge. But in
 fact, castration will create a new problem, like the emergence of
psychological and physical illness on the offender.

There is a contradiction between pasal 81 ayat 7 and pasal 81A ayat 3. Pasal 81
ayat 7 said " Terhadap pelaku sebagaimana dimaksud pada ayat (4) dan ayat (5)
dapat dikenai tindakan berupa kebiri kimia dan pemasangan alat pendeteksi
elektronik " and pasal 81A ayat 3 “Pelaksanaan kebiri kimia disertai dengan
rehabilitasi.” It’s shown a contradiction because in the its implementation of
castration, it’s accompanied by rehabilitation. Rehabilitation according to KBBI is
a recovery