Implementation Of Criminal Sanctions For Perpetrators Of Sexual Violence Against Children After The Enactment Of Government Regulation Number 70 Of 2020
Keywords:
Sexual Violence, Children, Criminal Sanctions, Chemical Castration, Child Protection.Abstract
This study aims to find out how the criminal act of sexual violence against children is regulated and the application of criminal sanctions for the perpetrators after the enactment of Government Regulation Number 70 of 2020. The research method used is normative legal research with a legislative approach. The results of the study show that the regulation regarding sexual violence against children is regulated in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, which classifies acts of sexual violence into two forms, namely sexual intercourse and obscene acts against children. Article 76D regulates the prohibition of violence or threats of violence to force children to have sexual intercourse, while Article 76E regulates the prohibition of violence, deception, lies, or persuasion to commit obscene acts against children. Sexual violence is not only limited to acts of intercourse, but includes all forms of sexual contact between adults and children. The application of criminal sanctions after the enactment of Government Regulation Number 70 of 2020 is carried out in layers, namely first, the implementation of the main punishment in the form of imprisonment and/or fines according to a court decision with permanent legal force, and second, the implementation of additional punishments in the form of chemical castration, the installation of electronic detection devices, rehabilitation, and the announcement of the identity of the perpetrator of sexual violence against children.
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