Analisis Teori Perlindungan Hukum Menurut Philipus M Hadjon Dalam Kaitannya Dengan Pemberian Hukuman Kebiri Terhadap Pelaku Kejahatan Seksual

Abstract

In Indonesia, the current practice is to impose castration as a punishment for sexual crimes in accordance with PP No. 70 of 2020. However, there exists an issue relating to legal protection when implementing this policy according to Philipus M Hadjon's opinion. Therefore, the purpose of this article aims at analyzing how Philipus M Hadjon views legal protection concerning the sentence of castration and its consequences on perpetrators who commit sexual crimes.To conduct research for this paper; Normative juridical methods are utilized which involve descriptive analytical methodologies that rely upon bibliographical material and document studies as data collection techniques along with qualitative juridical analysis method. The author concludes based on their findings that providing castration sentences does not offer effective legal measures due to human rights violations against procreation being committed by punishing offenders through physical mutilation such as sterilization without consent being given adequate consideration while compromising the offender's essential right protections under law regarding privacy & bodily autonomy concerns – constituting severe breaches both theoretically/in actuality vis-a-vis accepted principles within international practices protecting fundamental citizenship interests internationally recognized obligations required toward fulfillment via judicial standards preserving their wholly unfailing validity pursuing fairly towards justice as well dignity respectively throughout these matters appropriate national legislation guidelines upheld accordingly by Philupus M Hadjo too.