Jakarta, Aktual.com – President Joko Widodo has approved the adoption of a gelding punishment for perpetrators of child sexual crime. Today Jokowi signed Decree No. 1 in 2016 on the second amendment of Law No. 23 of 2002 on Child Protection, the legal basis weighting punishment for the perpetrators of sexual crime. Here’s the full contents:
BY THE GRACE OF ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Consider:
a. that the state guarantees the right of children to live, grow, and develop as well as the right to protection from violence and discrimination as contained in the Constitution of the Republic of Indonesia Year 1945;
b. that the sexual abuse of children has increased significantly, which threaten and endanger the lives of children, damaging private life and child development, as well as disrupt the sense of comfort, tranquility, security and public order;
c. that criminal sanctions are imposed for perpetrators of sexual violence against children may not provide a deterrent effect and have not been able to prevent a comprehensive manner the occurrence of sexual abuse of children, so it is necessary to immediately change the Act No. 23 of 2002 on Child Protection as amended by Act No. 35 2014 on the Amendment of Act No. 23 of 2002 on Child Protection;
d. Based on the considerations referred to in paragraphs a, b, and c, it is necessary to stipulate a Government Regulation in Lieu of Law on the Second Amendment Act No. 23 of 2002 on Child Protection;
Given:
1. Article 22 paragraph (1) and Article 28B (2) of the Constitution of the Republic of Indonesia Year 1945;
2. Act Number 23 of 2002 on Child Protection (Official Gazette of the Republic of Indonesia Year 2002 Number 109, Supplement to the State Gazette of the Republic of Indonesia Number 4235) as amended by Act No. 35 of 2014 on the Amendment to Law Number 23 Year 2002 on Child Protection (Official Gazette of the Republic of Indonesia Year 2014 Number 297, Supplement to State Gazette of the Republic of Indonesia Number 5606);
DECIDED:
Set:
GOVERNMENT REGULATION SUBTITUTE OF LAW ON THE SECOND AMENDMENT TO LAW NUMBER 23 OF 2002 CONCERNING THE PROTECTION OF CHILDREN.
Article I
Some provisions in the Act No. 23 of 2002 on Child Protection (Official Gazette of the Republic of Indonesia Year 2002 Number 109, Supplement to the State Gazette of the Republic of Indonesia Number 4235) as amended by Act No. 35 of 2014 on the Amendment of Act Number 23 year 2002 on Child Protection (Official Gazette of the Republic of Indonesia year 2014 Number 297, Supplement to State Gazette of the Republic of Indonesia Number 5606) are amended as follows:
1. The provisions of Article 81 be amended to read as follows:
Article 81
(1) Any person who violates the provisions of 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 any 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) shall be done by parents, guardians, people who have family relationships, nannies, educators, staff, officials who deal with child protection, or carried out by more than one person together, the punishment of 1/3 (one third) of the criminal sanctions referred to in paragraph (1).
(4) In addition to the actors referred to in paragraph (3), the addition of 1/3 (one third) of the criminal sanctions are also imposed on the perpetrators have ever been convicted of criminal offenses as referred to in Article 76D.
(5) In the case of criminal offenses referred to in Article 76D cause loss of more than 1 (one) person, resulting in serious injuries, mental disorders, infectious diseases, impaired or loss of reproductive function, and / or the victim dies, the offender shall be sentenced to death, life life, or imprisonment of at least 10 (ten) years and a maximum of 20 (twenty) years.
(6) In addition to the criminal subject as referred to in paragraph (1), paragraph (3), (4) and (5), the offender may be subject to additional criminal announcements identity of the perpetrator.
(7) The offender referred to in paragraph (4) and (5) can be subjected to chemical castration and the mounting chips.
(8) The act referred to in paragraph (7) decided together with the principal criminal by loading period of implementation of the action.
(9) Criminal additional actors and actions exempted for Children.
2. Between Article 81 and Article 82, 1 (one) article, namely Article 81A, which reads as follows:
Article 81A
(1) Measures referred to in Article 81 paragraph (7) shall be imposed for a maximum period of 2 (two) years and implemented after the convict to undergo basic criminal.
(2) Implementation of the actions referred to in paragraph (1) under the supervision periodically by the ministry which held government affairs in the field of legal, social, and health.
(3) The implementation of chemical castration accompanied by rehabilitation.
(4) Further provisions on procedures for the implementation of rehabilitation measures and regulated by Government Regulation.
3. The provisions of Article 82 be amended to read as follows:
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) shall be done by parents, guardians, people who have family relationships, nannies, educators, staff, officials who deal with child protection, or carried out by more than one person together, the punishment of 1/3 (one third) of the criminal sanctions referred to in paragraph (1).
(3) In addition to the actors referred to in paragraph (2), the addition of 1/3 (one third) of the criminal sanctions are also imposed on the perpetrators have ever been convicted of a criminal offense as defined in Section 76E.
(4) In the case of criminal offenses as defined in Section 76E cause loss of more than 1 (one) person, resulting in serious injuries, mental disorders, infectious diseases, impaired or loss of reproductive function, and / or the victim dies, the punishment of 1/3 (one third) of the criminal sanctions referred to in paragraph (1).
(5) In addition to the criminal subject as referred to in paragraph (1) through (4), the offender may be subject to additional criminal announcements identity of the perpetrator.
(6) The offender referred to in subsection (2) to paragraph (4) may be subject to the form of rehabilitation and installation of the chip.
(7) The action referred to in paragraph (6) it was decided together with the principal criminal by loading period of implementation of the action.
(8) Additional Criminal offender is exempted for Children.
4. In between Article 82 and Article 83, 1 (one) article, namely Article 82A, which reads as follows:
Article 82A
(1) Measures referred to in Article 82, paragraph (6) is carried out during and / or after the convict to undergo basic criminal.
(2) Implementation of the actions referred to in paragraph (1) under the supervision periodically by the ministry which held government affairs in the field of legal, social, and health.
(3) Further provisions concerning the procedures for the implementation of measures set by government regulation.
Article II
Government Regulation in Lieu of Law comes into force on the date of promulgation.
For public cognizance, Government Regulation in Lieu of Law is promulgated in the State Gazette of the Republic of Indonesia.
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