PENALTY FOR PEDOPHLIES

PENALTY FOR castrate pedophiles, AN OVERVIEW socio-juridical

BY: H. SANTHOS WACHJOE P, SH.MH

A. INTRODUCTION
Every human being will certainly need other people in an effort to meet their needs. This causes humans called LIVING SOCIAL, are always in touch with others and will not be able to live without the presence of others. This social interaction makes the relationship between individuals in society become a necessity and attachment person with another person makes a community is able to meet the needs of every individual in it.
Social interaction is not only a positive impact but will also have a negative impact. This is because the nature of the dependence of a person against another person makes the person into believing dn am sure that others who he believed would always assist or help to meet the intent of his life and often the person would be remiss background of the person he trusted.
The values ​​of trust is often an entrance for someone to do evil to others just for a quick profit without thinking losses for others, who are not only material that can be valued economically but also immaterial losses.
One crime that often occurs in social interaction within the community is a pedophile, who is currently the talk of every person in every corner of the city. Various people give an opinion on the acts of pedophilia and the proper punishment for such offenders.

B. ISSUES
Of the entire law enforcement process, particularly in the field of criminal law enforcement, it can be obtained a problem, namely:
1. What is the cause of acts of pedophilia?
2. What is the proper punishment for pedophiles?
3. How to build public awareness of the dangers of pedophilia?

C. DISCUSSION
Of the problems mentioned above, it would be discussed briefly in some aspects, namely in terms of issues regarding the definition and causes a person to have as a pedophile behavior, also regarding the handling and proper punishment for pedophiles and child protection against acts of pedophilia.
1. DEFINITIONS pedophilia and CAUSE
In language, the word comes from the Greek pedophilia: paidophilia (παιδοφιλια) -pais (παις, "children") and philia (φιλια, "friendly love" or "friendship", although this has been changed to the literal meaning of sexual attraction in modern times, by the title of "love child" or "child lover," by pedophiles who use symbols and codes to identify their preferences.
Pedophilia is defined as a psychiatric disorder in adults or adolescents who have started an adult (personal age 16 or older) are usually marked with a sexual interest primary or exclusive in children prepubescent (generally age 13 years or younger, though puberty may vary). Kids must be at least five years younger child molestation teenagers (16 or older) can only be classified as a pedophile. Or it could be mentioned that pedophilia is that sexual disorders such as desire or fantasies sexual impulses involving minors and people with pedophilia age should be above 16 years of age, while children who are victims aged 13 years or younger (children of pre-pubertal ) so that said pedophilia if a person has a tendency toward child sex impulses and fantasies as well as sexual abnormalities that interfere with the child. However it is possible that such offenders are children who have been victims of pedophilia.
Internationally, mention the International Classification of Diseases defines pedophilia as "adult personality and behavior disorders" in which there is a sexual preference for children at the age of puberty or prepubertal early. In The American Heritage Stedman's Medical Dictionary states, "Pedophilia is the act or fantasy on the part of adults who engage in sexual activity with a child or children."
Pedophilia is a psychosexual disorder in which an adult had a desire to engage in sexual acts with minors of the same or opposite sex. Thirty percent of child victims of pedophile crimes abused by a family member and 60 percent by adults they know and are not family members. That means only 10 percent of children who experience sexual offenses being targeted foreigners.
Often pedophile is a person who had been the victims of pedophilia when the offender was aged children, so do not rule out the possibility that children who are now becoming victims of pedophilia, in the future could turn out to be pedophiles.
Therefore it can be said that pedophile behavior is closely related to mental and environmental influences that cause one's own behavior as a pedophile. Bad memories in childhood, especially in terms of the nature of sexuality, would be devastating to the mental attitude and the behavior of the perpetrator someone at a later date, which is increasingly pushing someone into a pedophile.
Both parents are actively involved in industrial society, such as workers who often leave home, can have an impact on malpractice educating children, so that displaced children. The inability of parental obligations towards children is generally caused by economic factors. For example many children while earning minimal, so attention to children is not full. The absence of parents as role models in the lives of children, making children seeking pehatian outside the home, which of course is very vulnerable in view of the child will be faced with a variety of attitudes that may have such behavior will not be found in a family environment.
Life and behavior outside the home that many deviant, eg smoking, drinking, free sexual behavior including sexual behavior was an aberration that is the practice of same-sex relationships and acts of pedophilia. Those things that often escape the attention and understanding from parents, that if a child does not get enough attention from her family, will try to always seek attention outside his family environment.
Specifically against acts of pedophilia, often reported occurred in the economically down but did not rule occurs also in communities whose economies have been established, because the phenomenon of acts of pedophilia is feared just as the tip of the iceberg, we know only the peak, but it holds so many facts which has not been revealed. This is what it is necessary to get the attention, not only from each family but also from the government as stakeholders from policy makers to child protection in Indonesia.terlebih at this time, a child's behavior is also influenced by a variety of information from electronic media as well as online media are often spread the word that does not educate for children's development.
Various things, would be able to explain why a person can behave as a pedophile, but a bad experience are the main factors that cause someone misbehaves as a pedophile, this is due to the onset of pain and revenge in a child who is forced ever experience irregularities sexual, so it appears the desire to melakukaan the same thing later in the day when the child has grown up. For a child victim of pedophilia, would be very difficult to forget what happened to him and bad memories will be indelible throughout his life so that the necessary role of the family in preventing the practice of pedophilia. The affection of the parents is an absolute that must be met in order to maintain a child, so avoid becoming victims of pedophilia.

2. PUNISHMENT FOR Pedophilia
This time the news was enlivened by news of increasingly rampant pedophiles, although the phenomenon of acts of pedophilia in Indonesia has been around a long time. Maybe not out of our memories of the behavior of ROBOT gedek in the 1990s, so make us stunned that in Indonesia there was a pedophile behavior, which also led to the death for the victims. Not to mention the behaviors of other pedophile who revealed until a court trial, which increasingly makes the sad heart of every parent, who are increasingly aware that the dangers of pedophilia so easily threaten the lives of each of his children.
If only based on the nature of anger, of course, everyone wants such offenders be punished to the fullest extent, even the death penalty, even when it appears discourse to castration against pedophiles. The application of this penalty is also confirmed by the Indonesian Child Protection Commission (KPAI) stating Indonesian Child Protection Commission (KPAI) rate, punishment in the form of injecting antiandrogen is the right reward for pedophile or perpetrator of sexual assault on a child. By injecting antiandrogen, the chain of sexual crimes are expected disconnected. "There should be a weighting law to provide a deterrent effect. In addition to the prison sentence to the death penalty, there is a social punishment. Sentenced gelding injecting antiandrogen," said Chairman KPAI Asrorun Niam Sholeh on Kompas.com, Saturday (10/05/2014).
Before the review of the implementation of castration against pedophiles, we would need to know in advance about the process of castration. Neuter (also called castration or castration) is surgical and or use of chemicals which aims to eliminate the function of the testes of male or ovarian function in females and castration can be done either in animals or humans. In ancient times, castration also involves cutting the entire male genitals, both testes once penis but this practice is very dangerous and often lead to death due to severe bleeding or infection, resulting in some cultures such as the Byzantine Empire, castration is equated with death. Castration is also known as castration physically, but in its development is done is simply cutting the balls only reduces the risk of death. Surgery to remove both testicles or chemical castration medically feasible as a treatment procedure for prostate cancer. Treatment with reducing or eliminating the intake of testosterone-both chemically or surgery is done to slow the progression of cancer. The loss means the loss of testicular testosterone also reduces sexual desire, obsession and sexual behavior.
In addition to physical castration, also known as chemical castration, namely technical, chemical castration is done by inserting a chemical antiandrogen, either through pills or injection into a person's body to weaken the hormone testosterone. Simply put, a chemical that is inserted into the body that will reduce and even eliminate the libido or sexual desire. And chemical castration is often considered as an alternative to a life sentence or even the death penalty for sex offenders could be freed by reducing or even eliminating the opportunity for them to commit similar crimes.
In Indonesia, given that victims of acts of pedophilia are children, then presumably we should observe the rights of children as contained dala Article 2 of Law No. 4 of 1979 on Child Welfare, which states:
(1) Children are entitled to welfare, treatment, care and guidance based on affection either in the family or in a special care to grow and develop naturally;
(2) The child is entitled to serve to develop abilities and social life, in accordance with the culture and personality of the nation, to be good citizens and useful;
(3) The child is entitled to maintenance and protection, both during in utero and after birth;
(4) The child is entitled to protection of the environment that may harm or inhibit the growth and development with reasonable.
The provisions of Article 2 of Law No. 4 of 1979 on Child Welfare, in particular in paragraph (4), then it is clear that every child should be protected for future growth. It is primarily the duty of every parent to provide protection to the children that in the explanation of Article 2 (4) states that the purpose of the environment is the physical and social environment. Thus, the role of communities around the neighborhood kids also can not be indifferent to the process of child development.
The family, as mentioned in Article 1 (3) of Law No. 35 of 2014 on Child Protection, is the Child Protection is the smallest unit of society consisting of husband and wife, or husband and wife and son, or father and son, or mother and child, or the family of flesh in a straight line up or down until the third degree. While the definition of child protection is contemplated in article 1, paragraph (2) of Law No. 4 of 1979 on Child Welfare, and of all activities to ensure and protect the Child and rights in order to live, grow, develop and participate optimally in accordance with human dignity, as well as protection from violence and discrimination.
Although it has no laws that protect children but it would be sad if we look YKAI Data (Indonesian Child Welfare Foundation), as many as 2.4 million children are absorbed as workers in the formal and informal sectors and the current number is certainly much more because one of the reason
their work is to help the family economy and consequently, the education and the future of the abandoned child. therefore we must reiterate that every child shall enjoy protection in the growth process and the State should become a pioneer in the provision of protection to children, so that children will be spared of any misconduct, including acts of pedophilia, as stipulated in Article 20 of Law No. 35 2014 on the Protection of the Child, which states the State, Government, Local Government, Community, Family, and Parent or Guardian liable or responsible for the implementation of the Protection of Children.
For such offenders, may also we have to understand that even though a suspect or defendant, but if we understand the philosophical foundation of the Criminal Procedure Code is as readable in letter a preamble, no other is Pancasila, particularly those closely associated with the precepts of the Godhead and Humanity. Yahya Harahap said, "On the basis of the precepts of the Godhead, the Criminal Procedure Code recognizes any law enforcement officer and the suspect / defendant is:
• Equally dependent man to God. Equal human beings who depend on the will of God. All human beings without exception is the birth of God's creation on the earth's surface solely on the will and the grace of God;
• Because all human beings is a creation of God and depend on God's will, it implies that:
 There is no fundamental difference between human beings;
 Equally have a duty as human beings to develop and maintain the nature, status and dignity as God's people;
 Every human being has human rights that must be protected without exception;
 The functions and duties of any carried by every human being, solely within the scope of fulfilling TRUSTEES God Almighty.
From the philosophical foundation, would have implied that the Indonesian Criminal Procedure Code requires the protection of human rights, both against the criminal as well as to victims of crime. Thus the same thing also applies to criminal punishment, the punishment must also consider the interests and protection of human rights for the victims of these crimes.
Discourse castration for pedophiles, should we go over the positive and negative aspects, considering, especially for a judge, must not convict based solely on emotional moment alone or by the demands of society but these demands only by a sense of revenge on the behavior of pedophiles. Furthermore, ever done a scientific study, but it certainly needs to be explored further, that the crime of pedophilia in Islamic law, in terms of the elements of his actions, this criminal act at a glance it into the category of adultery, but the form of the crime of pedophilia more emphasis on victims who are still children, so that when viewed from the sanctions imposed for adultery, the penalty for the offender is not criminal pedophilia should be heavier because it looks at aspects of the harm it causes is also greater, whereas in Indonesian positive law, sanctions criminal punishment for perpetrators pedophilia is not specifically regulated, however, the imposition of criminal sanctions that refer to criminal punishment for perpetrators of sexual crimes, such as sexual harassment or sexual abuse, which are the criminal Code and other regulations.
Therefore, prior to castration followed up further discourse, we would need to consider the following matters:
1. Although the behavior of a pedophile is a behavior that violates the human rights of its victims but also castration substantially violate the human rights of the perpetrators, primarily the right to obtain offspring, because in some cases, the pedophile is a person who has a family in a sense have the wife and kids , If we look at the practice of chemical castration in India, the human rights activists against the practice of forced chemical castration, calling it as an act against freedom and humanity. Therefore, when the practice of castration, either fosok or chemically conducted in Indonesia, is not likely to give rise to the pros and cons, especially in kalngan activist Human Rights (HAM) in Indonesia;
2. Actors pedophilia are women, who are also still expecting to get descent;
3. Actors pedophilia are children, then castration against pedophiles are not necessarily able to do, given to children in conflict with the criminal law can not be applied to adults;
Discourse sentencing form of castration against pedophiles should be thorough consideration that the punishment does not abolish the rights of the offender to get a normal life. It is given that the actual acts of pedophilia more damages to the mental health of offenders who consider acts of pedophilia dalah normal behavior.
Approach religiously and personally it seems more effective to cure the moral of pedophiles. This can be done by providing therapies are religious by doing a "brainwashing" that pedophile behavior is behavior that is prohibited by religion and acts of pedophilia could be cured with therapy on an ongoing basis, so as to provide awareness for such offenders will be mistakes.
The threat of punishment as stipulated in Law No. 35 of 2014 on Child Protection is already very heavy when applied the maximum penalty, namely as stated in:
a) Article 81
(1) Any person who violated the provisions referred to in Article 76D shall be punished with imprisonment of minimum five (5) years and a maximum of 15 (fifteen) years and a maximum fine of Rp 5,000,000,000.00 (five billion rupiah).
(2) The penal provisions referred to in paragraph (1) shall also apply to every person who deliberately commits a ruse, a series of lies, or persuading Children intercourse with her or with other people.
(3) In the case of a criminal act referred to in paragraph (1) conducted by the Parent, Guardian, caregivers Children, educators, or staff, then the punishment of 1/3 (one third) of the criminal sanctions referred to in paragraph (1).
b) Article 82
(1) Any person who violates the provisions of Article 76E shall be punished with imprisonment of minimum five (5) years and a maximum of 15 (fifteen) years and a maximum fine of Rp 5,000,000,000.00 (five billion rupiah).
(2) If the crime referred to in paragraph (1) conducted by the Parent, Guardian, caregivers Children, educators, or staff, then the punishment of 1/3 (one third) of the criminal sanctions referred to in paragraph (1).
Article 81 of Law No. 35 of 2014 on Protection of Children set of threats against any person who commits an offense as provided for in Article 76 D of Law No. 35 of 2014 on the Protection of the Child, which states: Every person prohibited from engaging in violence or threat of violence Children forced intercourse with her or with other people. While Article 82 of Law No. 35 of 2014 on Protection of Children set of threats against any person who commits an offense as provided for in Article 76 e of Law Number 35 of 2014 on the Protection of the Child, which states: Every person prohibited from engaging in violence or threats violence, force, deceit, do a series of lies, or persuade the Son to do or let do obscene acts. In the Book of the Law of Criminal Law (Penal Code) has also been set up on offense to pedophiles, which although since the Law No. 23 of 2002 which was amended by Act No. 35 of 2014 on Child Protection, the articles in the Criminal Code does not apply anymore.
But as the authors mentioned above that acts of pedophilia are not merely criminal behavior alone, but also a psychological disorder or mental of perpetrator can still be cured, then against such offenders sentenced to the maximum as stipulated in Law No. 35 2014 on Child Protection, such offenders should be sentenced to an additional form of REHABILITATION MENTAL within a certain period. This is presumably in line with the thinking of sexual psychologist Zoya Amirin, stating punishment according gelding did not solve the problem. Should have mental problems in addition to incarcerated offenders pedophiles also dealt with rehabilitation. "Although it was castrated mental'm still messed up, he still has a mental disorder, a mental problem cured by mental rehabilitation. If castrated, mental problems be cured with proper medical're not," said Zoya when talking with Health-Liputan6.com on Tuesday (27/10 / 2015). Mental rehabilitation does not cure his sexual desires but is able to control when the desire comes. Do not let the discourse castrations against perpetrators of criminal acts based only on grounds revenge and because emotional moment without considering the long-term effects, including also be considered includes the right for victims to keep the victims of pedophilia pedophilia do not become pedophiles at a later date.
Thus the discourse doing castration against pedophiles should be reconsidered in the sense that the need for an in-depth research on the effectiveness of castration action against pedophiles. Need to do surveys to find out the deeper causes a person to be pedophiles. In the author's view, the cause of a person could be a pedophile is in addition to the pain of mind of the actor's trauma a bad experience when I was a child becoming a victim of pedophilia, but also could be due to more vigorous information through electronic media and social media about sexual behavior yaang Chatter occurring throughout the world. The role of the mass media both electronic media and online media, it gives a role for someone to perform deviant sexual behavior.
In this case the necessary firmness of the government as a regulator of their news from the mass media mediaa both electronic and online media, to at least narrow the circulation of news has been negative. But it must be recognized also that it is very difficult to stem the circulation of news, mainly through online media, the author recalled a resource person in a seminar on electronic information held in Semarang a few years ago who said that when a website is blocked, then because of the sophistication information technology, then the blocked web will break up into a new web site name and when it is blocked again, it will break away again, and so on. So from the government side, required the use of more sophisticated information tekhnogi again in order to filter out information that is negative from online media.

3. BUILD AWARENESS SOCIETY WOULD HAZARD Pedophilia
Although late, but there is no harm for people, especially for any parent to understand the behavior of pedophiles that can be done by any person in any occasion. Wary parents of pedophilia must of course always do, because we know that at this time in Indonesia was rampant cases of sexual crimes against children. When most people think of physical child abusers as monsters or faced cruel, it is a misconception that has been ingrained in most people. Child abusers come from all walks of life and from all socio-economic groups. They can be male or female, of circles, religion and any race.
Often keberaradaan a child in the family is often overlooked, or even children often become the object of violence in the family. A lecturer of University of Jember Fakulta Law says that the phenomenon of family violence (family violence) often menggayuti lives of our children. It is estimated that, when life is getting harder, especially in the era of industrialization, a lot of people experience stress and depression are acted on family members, including children. Further it is said that there are two (2) attempts to make efforts to protect children from family violence, are:
1) There should be full attention of other kin
towards children who have problems with their families. If necessary, set guardianship over children who experience unpleasant treatment from his parents, and parental authority over their children revoked. The revocation of parents towards their children is possible on request other parent or next of kin;
2) required the attention of social institutions in order to accommodate children who are victims of family violence. Given social assistance so that children can get out of the winding problem. In addition, needs to be increased attention of government agencies in charge of child welfare for the fate of the unfortunate children who are victims of domestic violence.
The warmth of the parents is very important in the process of a child's growth. The presence of both parents will provide safety, comfort and calm for the children in the family, including in a bastion of safety for children from negative environmental influences.
Presumably, the warm embrace of the parents can be a manifestation of the love of parents to children and as parents, sempatkanlah though only a short time to play with the child so that the child feels loved and protected by her parents.

D. CONCLUSION
From the description of the punishment for the castrate pedophiles, it can be concluded as follows:
1. Pedofila is a deviant sexual behavior to watch out;
2. A child who had been the victims of pedophilia could potentially be a pedophile when the child is an adult;
3. The role of parents is vital in order to protect children from pedophile crimes range;
4. Penalties gelding is not the solution to the acts of pedophilia;
5. Rehabilitation and maximum criminal punishment can be an alternative to the acts of pedophilia;
6. States should become the locomotive in its role to protect citizens including protecting children from pedophile crimes range.

E. SOURCES OF READING
1. Yahya Harahap, ISSUES DISCUSSION AND APPLICATION Code of Criminal Procedure (Investigation and Prosecution), Jakarta, Publisher Sinar Grafika, 2000, p. 20-21;
2. http://dbpedia.cs.ui.ac.id/page/Pedofilia, downloaded dated October 26, 2015;
3. http://id.scribd.com/doc/94107015/Definisi-Pedofilia#scribd, downloaded dated October 26, 2015;
4. http://melindahospital.com/melinda2/artikel/2965/Waspada-orangtua-dari-pedofilia-kenali-ciri-cirinya.html, downloadable dated October 26, 2015;
5. http://www.library.ohiou.edu/indopubs/1996/11/07/0065.html, downloaded dated October 26, 2015;
6. http://regional.kompas.com/read/2014/05/10/1918569/KPAI.Suntik.Kebiri.Hukuman.Tepat.bagi.Paedofil, downloaded dated October 26, 2015;
7. https://id.wikipedia.org/wiki/Kebiri, downloaded dated October 26, 2015;
8. https://id.wikipedia.org/wiki/Kebiri, downloaded dated October 26, 2015;
9. http://www.dw.com/id/kebiri-kimia-kemanusiaan-vs-perlindungan-korban/a-16494556, downloaded dated October 26, 2015;
10. http://digilib.uin-suka.ac.id/6709/, downloaded dated October 28, 2015;
11. http://health.liputan6.com/read/2350628/bukan-kebiri-ini-cara-lain-agar-pelaku-kejahatan-seksual-jera?ref=yfp, downloadable dated October 28, 2015;