This is the Government Regulation on Chemical Castration & Announcement of Identity of Perpetrators of Sexual Violence Against Children

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This is the Government Regulation on Chemical Castration & Announcement of Identity of Perpetrators of Sexual Violence Against Children

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Tuesday, 5 January 2021


This is the Government Regulation on Chemical Castration & Announcement of Identity of Perpetrators of Sexual Violence Against Children

On January 4, 2021
The government has issued Government Regulation (PP) Number 70 of 2020 concerning Procedures for Implementing Chemical Castration, Installation of Electronic Detection Devices, Rehabilitation, and Announcement of the Identity of Perpetrators of Sexual Violence against Children.

 The regulation, which was signed by President Joko Widodo on December 7, 2020, is stipulated to address sexual violence against children, provide a deterrent effect on perpetrators, and prevent sexual violence against children.

 Also, to implement the provisions of Law (UU) No. 17/2016 on the Stipulation of Government Regulations in Lieu of Law No. 1/2016 on the Second Amendment to Law No. 23/2002 on Child Protection.

 "Perpetrators of sexual violence against children are perpetrators of criminal acts of intercourse with children with violence or threats of sexual violence forcing children to have intercourse with them or with other people and perpetrators of criminal acts of obscene acts against children with violence or threats of sexual violence, forcing, tricking, committing  a series of lies, or persuading a child to commit or allow an obscene act to be committed, ”that is defined in the PP.

 Meanwhile, a child is defined as someone who is not yet eighteen years old, including children who are still in the womb.

 In the PP which can be accessed on the jdih.setkab.go.id page, the procedures for implementing chemical castration, installation of electronic detection devices, rehabilitation, and announcement of the identity of perpetrators of sexual violence against children are regulated.

 Chemical castration, the installation of electronic detection devices, and rehabilitation are imposed on perpetrators of sexual intercourse.  Meanwhile, perpetrators of obscene acts are subject to the installation of electronic detection devices and rehabilitation.

 Everything is carried out based on a court decision that has permanent legal force and is carried out by competent officers at the behest of the prosecutor.

 "The implementation of the court rulings as intended shall be carried out by order of the prosecutor after coordinating with the ministry that administers government affairs in the health sector, the ministry that administers government affairs in the legal sector, and the ministry that administers government affairs in the social sector," reads Article 2 paragraph (3).

 Based on the provisions of Article 4, child offenders cannot be subjected to chemical castration and the installation of electronic detectors.

 Chemical Castration Actions

 Chemical castration is imposed for a maximum period of two years, and is carried out through three stages, namely clinical assessment, conclusion, and implementation.  The action is carried out by giving chemicals through injection or other methods to suppress excessive sexual desire, accompanied by rehabilitation.

 "The clinical assessment as intended includes clinical and psychiatric interviews;  physical examination;  and supporting examinations, "reads Article 7 paragraph (2).

 The appraisal procedure is, the ministry that administers government affairs in the field of law submits a notification to the prosecutor, no later than nine months before the convict has finished serving the basic sentence.

 Within seven working days after the notification, the prosecutor delivers the notification and coordinates with the ministry that administers government affairs in the health sector for clinical assessment.

 Clinical assessment begins no later than seven working days after receipt of notification and the results will be presented in the form of conclusions to ensure that the perpetrator of sexual intercourse is appropriate or unfit for chemical castration.

 This conclusion is conveyed to the prosecutor no later than fourteen working days from the receipt of the notification from the prosecutor.

 "The implementation of chemical castration is carried out after the conclusion as intended states that the perpetrator of copulation is fit to be subjected to chemical castration," as stated in Article 9 letter a.

 Within a period of no later than seven working days from receipt of the conclusion, the prosecutor ordered the doctor to carry out a chemical castration procedure.  This action is carried out in a government-owned hospital or a designated regional hospital.

 Article 10 paragraph (1) states, if the conclusion states that the perpetrator is not eligible to be subjected to chemical castration, the implementation of the action will be postponed for a maximum of six months.

 "During the postponement period as intended, a re-clinical assessment and re-conclusions are carried out to ensure that it is feasible or inappropriate to be subject to chemical castration," reads Article 10 paragraph (2).

 If it is still concluded that the perpetrator of the intercourse is inappropriate, then the prosecutor will notify the court in writing that decides the case at the first level by attaching the results of the re-clinical assessment and re-conclusions.

 Electronic Detector Installation Measures

 The act of installing an electronic detector is imposed on perpetrators of intercourse and obscene acts.  The detector can be an electronic bracelet or something similar.

 "The act of installing an electronic detector to the perpetrator as intended is given for a maximum of 2 (two) years," reads Article 14 paragraph (3).

 For the installation of electronic detection devices, the ministry that administers government affairs in the legal sector submits notification letters to prosecutors, the ministry that administers government affairs in the health sector, and the ministry that administers government affairs in the social sector no later than one month before the perpetrator of sexual violence against children finishes undergoing  principal criminal.

 Installation is carried out immediately after the perpetrator has served the main crime.  "The installation of an electronic detection device was carried out at the behest of the prosecutor by ordering the ministry that administers government affairs in the legal sector to cooperate with the ministry that organizes government affairs in the social sector and the ministry that administers government affairs in the health sector," reads Article 16 letter e.

 Meanwhile, the removal of detection devices was also carried out by the same ministry on the order of the prosecutor.

 Rehabilitation

 For copulation perpetrators who are subjected to chemical castration, rehabilitation is given in the form of psychiatric rehabilitation, social rehabilitation, and medical rehabilitation and starting at the latest three months after the implementation of the procedure.  Meanwhile, for perpetrators of obscene acts in the form of psychiatric rehabilitation and social rehabilitation.

 "Rehabilitation as referred to is carried out by order of the prosecutor in a coordinated, integrated, comprehensive and sustainable manner," reads Article 18 paragraph (3).

 Announcement of Perpetrators Identity

 Based on the provisions in CHAPTER III regarding the announcement of the identity of the perpetrator of sexual violence against children, the ministry in charge of government affairs in the field of law submits a notification letter to the prosecutor no later than fourteen working days before the perpetrator of sexual violence against children finishes serving the basic sentence

 The announcement will be made by the prosecutor no later than seven working days after the perpetrator has finished serving the basic sentence.

 "Announcement of the identity of the perpetrator of sexual violence against children as intended shall be carried out for 1 (one) calendar month through an announcement board;  the prosecutor's official website;  and print media, electronic media, and / or social media, ”the provisions of Article 21 paragraph (2).

 The announcement of the identity of the perpetrator contains at least the name of the perpetrator;  latest photos;  residence identification number / passport number;  date of birth;  gender;  and last address / domicile.

 As stated in paragraph (4) of the article, child offenders cannot be subject to additional punishment in the form of this identity announcement.

 "This Government Regulation comes into force on the date of promulgation," reads Article 25 of Government Regulation Number 70/2020 which was promulgated by the Minister of Law and Human Rights Yasonna Laoly on 7 December 2020.

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