A Legal Reconstruction of Chemical Castery for Perpetrators of Sexual Crimes Against Children Based on Restorative Justice Values
Abstract
In general, children are a group that is very vulnerable to sexual violence because children are positioned as weak figures and are dependent on the adults around them. This research aims to: 1) analyze the law on chemical castration for child sex offenders that is not yet based on restorative justice; 2) identify its current legal weaknesses; and 3) propose a reconstruction grounded in restorative justice values. Using a constructivist paradigm, the research applies a socio-legal and normative legal approach with a descriptive type. Data sources include primary and secondary legal materials, collected through literature review and analyzed qualitatively. The study found: 1) The regulation of chemical castration for perpetrators of sexual violence against children is not yet based on restorative justice values; 2) Current legal weaknesses include: a) Substantive weaknesses—sexual violence against children is an extraordinary crime that seriously harms victims’ lives, development, and public order, yet the existing law fails to provide adequate protection or justice; b) Structural weaknesses—the absence of approval from the Indonesian Doctors Association (IDI) prevents implementation of chemical castration; c) Cultural weaknesses—low sentencing may allow perpetrators to reoffend after serving time, undermining deterrence and protection; 3) The proposed reconstruction includes aligning the law with restorative justice values to focus on victim recovery, community protection, and offender accountability. This involves value reconstruction of the chemical castration policy and normative reconstruction in: Article 20 of Law No. 12/2022 on Sexual Violence Crimes; Article 81(7) of Law No. 17/2016, which amended Law No. 23/2002 on Child Protection; and Article 1(2) of Law No. 35/2014, which further amended the Child Protection Law. These changes aim to ensure that the legal response is more just, rehabilitative, and aligned with restorative principles
References
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Copyright (c) 2025 Tina Mayasari, Gunarto Gunarto, Bambang Tri Bawono, Isnawati Isnawati
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