Chemical Castration Violates Human Rights Justice?

Friday, 27 May 2016 , 11:00:00 WIB - Law

Demonstrants held a demonsration with a theme of #SisterInDanger in front of the Parliament Building, Senayan, Jakarta, Wednesday (11/5). (ANTARA)

JAKARTA, GRES.NEWS - The issuance of Governmental Regulation in Lieu of Law (Perppu) No.1/2016 on Child Protection (Chemical Castration Perppu) is controversial among the public. Some people still question the radical decision taken by President Joko Widodo (Jokowi).

The Indonesian Child Protection Commission (KPAI) stated that they appreciate the President's decision to issue the Chemical Castration Perppu. The President is considered having a serious commitment to children protection by issuing the Chemical Castration Perppu. It also shows that the government is present to protect Indonesian children from sexual abuse.

However, human rights justice activists have a different view. According to them, the issuance of Chemical Castration Perppu is contrary to the government's obligation to uphold human rights. The regulation in lieu of law (Perppu) issuance is considered violating the principles and norms of human rights.

A Professor of Udayana University medical faculty and the General Executive Board of Indonesian Andrologists Association (Persandi), Wimpie Pangkahila, stated the issuance of the Governmental Regulation in Lieu of Law (Perppu) No.1/2016 regarding the second amendment of Law No.23/2002 on Child Protection (Chemical Castration Perppu) is contrary to the government's obligation to uphold human rights.

Wimpie claimed that the Chemical Castration Perppu is issued to solve the issues caused by sexual abuse against children cases that increases day by day. Besides that, sexual abuse against children is considered as an extraordinary crime as it threats and endangers children's mind and development. Therefore, the President considered that extraordinary crime has to be handled in an extraordinary way.

However, according to Wimpie, chemical castration and death penalty is too far, not humane, and even degrades human dignity. Because, chemical castration would damage and disrupt the function of body organs, it could cause muscles shrink, osteoporosis, reduces red blood cells, and disrupt cognitive function.

Besides that, death penalty is also considered violating the Draft Criminal Code (KUHP) that mentions death penalty as an alternative punishment, and it would increase the number of convicts that would suffer from the death row phenomenon.

He added that the government has abandoned their commitment to protecting the nation from cruel, inhumane, and degrading punishments and tortures by issuing Chemical Castration Perppu.

Wimpie even said that Chemical Castration Perppu is also violating the nation's constitutional rights as Article 28 I paragraph (1) of the 1945 Constitution asserts that the nation mustn't be tortured for any reason.

Moreover, the Chemical Castration Perppu issuance won't solve the roots of sexual abuse, which is the intention to dominate and overpower women and children through a manifestation of patriarchy culture operations and instruments.

Besides that, there's no single research that shows chemical castration punishment would suppress sexual abuse effectively.

Chemical castration punishment is also considered ignoring cost-benefit analysis aspect as the government has to allocate some budget to implement the punishment.

A urologist, Dr. Arry Rodjani, SpU, said that chemical castration requires a drug worth Rp700,000-Rp1 billion for single use, the effects lasts for 1-3 months.

"Meanwhile, the number of sexual abuse against children cases increase every year," Arry Rodjani said.

Meanwhile, the Deputy Director of Human Rights Study and Advocation Agency (ELSAM), Andi Mutaqqien, said the government should be pay more attention to the victims by providing them rehabilitation in resolving the issue.

"The rehabilitation effort is a form of government's compensation as they have failed to create an effective mechanism that could protect children from sexual abuse," Andi said to, Thursday (26/5).