Tinjauan Hukum Pidana Islam Terhadap Hukuman Kebiri dalam Undang Undang Nomor 17 Tahun 2016 Tentang Pelindungan Anak

Abstract

The rise of sexual violence against children in Indonesia is seen as a serious threat by the government. So that the issuance of Perpu Number 1 of 2016 and the stipulation of Perpu is Law Number 17 of 2016 concerning Child Protection. The aim of the research is to punish castration in Law Number 17 concerning child protection and castration punishment atones for Islamic criminal law. Using the method of normative juridical approach, namely an approach that uses the concept of written norms in the form of laws, the Koran and hadith which are textual references and written rules. This type of research is library research, which is a type of research conducted and focuses on studies and discussions based on primary, secondary and tertiary literature.
Based on the results of the study as follows: First, there are two methods of castration punishment that can be sanctioned as sanctions for sexual violence against children, namely physical castration or surgical castration and chemical castration. However, what is regulated in Law Number 17 of 2016 is the punishment of chemical castration, namely injecting anti-androgen chemicals into the perpetrator's body which causes the perpetrator to have no sexual attraction to the opposite sex. Second, in Islamic criminal law, chemical castration is not recognized in accordance with Law Number 17 of 2016, but Islamic law is known as castration (al ikhsha castration) which means the cutting of two testicles (al khushyatain, testicles), which can be accompanied by by cutting the penis (dzakar). However, there are differences of opinion among the scholars regarding this matter, so that castration is prohibited. Therefore, the chemical chemical castration punishment is included in the ta'zir punishment where the type of punishment is not yet in the text and the minimum and maximum levels can be determined by the judge.