Analisis Yuridis Terhadap Batas Kewenangan Dokter Dalam Penerapan Kebiri Kimia Bagi Pelaku Kejahatan Seksual Terhadap Anak Dilingkungan Pesantren

Abstract

This study aims to analyze the limits of doctors' authority in the implementation of chemical castration on perpetrators of sexual crimes against children, particularly in the pesantren environment. This study uses a normative juridical method with a statutory approach and analysis of primary, secondary, and tertiary legal materials. First, how is the protection of child victims of sexual violence carried out by educators. Second, what are the limits of the doctor's authority as the executor in the implementation of Chemical Castration. The research results show that, first, children as a vulnerable group require maximum protection; when violence occurs in an environment that should be safe, such as educational institutions, including pesantrens, the state has provided a legal framework through various laws and regulations that emphasize the importance of protection, handling, and comprehensive recovery of victims. Secondly, although chemical castration has been regulated in Law Number 17 of 2016 as a form of additional sanction, its implementation still raises controversy, especially regarding the appointment of doctors as executors. From the perspective of law and medical ethics, chemical castration is not in line with the main goal of the medical profession, which focuses on healing efforts and protecting patients' health. Such action has the potential to violate the medical code of ethics as well as professional medical standards because it can cause physical and psychological impacts. Legally, the authority to execute court decisions lies with the prosecutors, and the involvement of doctors is more technical under a position order and is not explicitly regulated as the main executor. Therefore, regulatory clarity and synchronization between legal, ethical, and medical aspects are needed so that the implementation of chemical castration does not conflict with human rights principles and medical professionalism.