RELEVANCE OF PANCASILA JUSTICE VALUE IN THE IMPLEMENTATION OF CHEMICAL CRIMINAL SANCTIONS ON SEXUAL CRIMINAL PERSONS

In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The purpose of the research i this article is uto analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. uto analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. uTo find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological

offenders. This is a conventional mechanism which was based on the establishment of a formal process penal (criminal justice system) without looking at the development of law and sense of justice.
Law reform and criminal justice system rests on socio-cultural values of Indonesian society, and thus reflect the values of Pancasila philosophy of life and global developments that reflect respect for the values of local wisdom (local wisdom), is a necessity. 3 The problems that can be raised in this paper are: How is the implementation of penal mediation in criminal law enforcement at this time? How are the shortcomings of the penal mediation in criminal law enforcement at this time? How is the construction of penal mediation in criminal law enforcement based on Pancasila values of justice?
This study is a socio-legal (social legal research). Socio-legal studies (socio-legal research) is the study of law in the form of empirical studies are oriented towards the discovery of theories about the process and about the workings of law in society. 4 Besides mediation reasoning is positive when philosophically the achievement of justice is carried out in a manner fast, simple, and lightweight because there are relatively fewer parties involved than through the judicial In its development every person in the country of Indonesia has the right to live free from torture and sexual crimes, therefore sexual crimes are damned and heinous acts which must be resisted. All this time, resistance to sexual violence has been carried out by all parties under the existing legal umbrella, including Perpu No. 1 of 2016, namely through the implementation of chemical castration sanctions, but in reality it has not been effective in eradicating sexual crimes. In addition, the existing castration chemical sanctions are also felt to have violated the human rights of perpetrators of sexual crimes, whereas the actual law only restores the social system of existing crimes by not violating the human rights of all parties, both victims and perpetrators. The

purpose of the research in this article is uto analyze the formulation of castration sanctions policy policies on the perpetrators of the crime of child sexual violence in Indonesia at this time. uto analyze castration criminal sanctions against child sexual violence offenders in Indonesia who have not met Pancasila values. uTo find the right formula for reconstructing criminal sanctions on perpetrators of child sexual violence in Indonesia based on Pancasila values. The method used in this article is sociological juridical.
From the results of the research carried out it can be concluded that the implementation of Article 81 PERPU Number 1 Year 2016 has not effectively protected and been able to recover victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers sexual violence against children a family disgrace that no one should know.

A. Background
In its development, children are the next generation of the nation which will become the development capital to maintain, maintain and develop the results of existing development. Therefore children need special protection and attention in order to guarantee physical, mental and social growth and development as a whole, harmonious and balanced. This special protection and attention should not only be given by the government and parents but also all members of the society are also expected to be able to play an active role in protecting and protecting the rights of children.
Based on data from victims of sexual crimes against children, it has increased every year. Director of the Solo Kaka Foundation, Shoim Sahriyati, explained that this increase reached 15 percent every year. In 2017 there were 33 victims of 23 cases and from 2018 to November 2018 there were 37 cases. Victims of this

A. INTRODUCTION
The judiciary as law enforcement agencies in the criminal justice system is a beacon of hope of those seeking justice who always wants justice that is simple, fast and inexpensive. 1 The policy is needed so that the peace process "under the hand" that occurs in the community, as happened in the Police as an initial stage of the criminal justice process can be legitimized by rules that provide legal certainty. 2 The concept which has been running for this that does not provide protection and respect for the interests of the victims and the As appeared in the public sphere, that Kebpu Kebiri contains death penalty threats and announcements of the perpetrators' identity as well as chemical castration actions and the installation of a presence detection device (chip) against the perpetrators. Officially valid since it was signed by President Jokowi. In line with the enactment of Perppu Kebiri, it still cannot be separated from the accompanying problems.
The issue of the Perppu Procedure is a type of statutory regulation that constitutionally reflects executive power to overcome a condition of "compelling urgency".
Constitutionally, 'coercive urgency' is regulated as a form (variant) of emergency conditions that are very Article 22 paragraph (1) of the 1945 Constitution of the Republic of Indonesia stipulates that "In the case of compulsive matters of concern, the President has the right to stipulate government regulations in lieu of laws". This provision is a subjective right of the President in conditions of abnormal state administration (noodverordeningrecht) to act quickly, precisely, and measured so that the safety of the state can be guaranteed, but theoretically reminded, the expansion of the understanding of "coercive urgency" must be carefully considered because if done without restrictions, the Perppu will become an instrument of dictatorship in administering the country. 3 The main subject to be regulated in the Perppu Kebiri is basically the imposition of criminal threats for perpetrators of sexual crimes against children on the empirical grounds that the conviction has not been able to provide a deterrent effect and has not been able to comprehensively prevent the occurrence of sexual violence against children, whereas in the Act Number. 35 of 2014 concerning the protection of children has set a specific minimum criminal threat and a one-third heavier burden in the event that the crime is committed by parents, guardians, child caregivers, educators, or education personnel so that based on Law Number 35 of 2014, the heaviest criminal which can be dropped by the judge against the perpetrators of sexual crimes against children is a maximum imprisonment of 20 years.
In the Perppu Kebiri the existing criminal threats want to be heavier so that the Perppu includes the threat of capital punishment, life imprisonment, as well as an increase in the specific minimum criminal threat from the previously 'maximum of 5 years in prison' to 'the maximum of 10 offenders. This is a conventional mechanism which was based on the establishment of a formal process penal (criminal justice system) without looking at the development of law and sense of justice.
Law reform and criminal justice system rests on socio-cultural values of Indonesian society, and thus reflect the values of Pancasila philosophy of life and global developments that reflect respect for the values of local wisdom (local wisdom), is a necessity. 3 The problems that can be raised in this paper are: How is the implementation of penal mediation in criminal law enforcement at this time? How are the shortcomings of the penal mediation in criminal law enforcement at this time? How is the construction of penal mediation in criminal law enforcement based on Pancasila values of justice?
This study is a socio-legal (social legal research). Socio-legal studies (socio-legal research) is the study of law in the form of empirical studies are oriented towards the discovery of theories about the process and about the workings of law in society. 4 Besides mediation reasoning is positive when philosophically the achievement of justice is carried out in a manner fast, simple, and lightweight because there are relatively fewer parties involved than through the judicial

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years in prison'. In addition, there are also additional criminal threats in the form of announcements of the perpetrators' identity and the most controversial is the idea of granting actions (maatregel) in the form o f chemical castration and the installation of detection devices (chips) to the perpetrators. Some of the potential problems that will aris e based on the existing criminal concept i n the Perpu are the first, the addition of the types of criminal offenses that can b e threatened with capital punishmen t in legislation in Indonesia will cert a inly become the spotlight of the international community (particularly the Commission on Human Rights of the United Nations -Nations) which in each of its campaigns always encourages member states of the United Nations (including Indonesia) to eliminate or at least reduce the threa t of capital punishment in its domestic l egislation system. Second, the threat of imprisonment with a special minimum pattern (10 years imprisonment) will certainly be faced with the philosophy of the fr e edom of judges to drop the criminal. With the existence of a special minimum c r iminal threat (10 years imprisonment), Indonesia implicitly states that sexual crime against children is one of the crimes with the highest degree of reproach ( verwijtbaarheid) as the gross violation of human rights as regulated in Law Number 26 of 2000 regarding Human Rights Co u rts, because other crimes in Indonesia (even including corruption, terrorism , and narcotics) do not include a specifi c minimum criminal threat that causes judges not to impose a sentence of less t han 10 years imprisonment against p erpetrators. Third, according to Ted H o nderich, the regulation on chemical castration and the installation of a pre s ence detection device (chip) to the perpetrators who are set as an action (maatregel) shows that the understanding of the s e paration between criminal concepts (straf) and actions (maatregel) in the sanctions system is' two lane '(double track system). Castration (castration) with any meth o d if linked in the context of sanctions is very far from the philosophy of rehab i litation which is a justification of givin g an action (maatregel) for the perpetra t ors of a criminal offense, but instead it is closer to one of the criminal justific a tions (straf) namely the concept of 'par a lysis' (incapacitation) oriented to elimina t e the ability or potential of the offende r to repeat the crime. Likewise, the ins t allation of chips that are carried out aft e r the perpetrators undergo the crime w i ll only cause the perpetrators to expe r ience a 'double sentence' and instead become an implicit recognition of the s tate that the penal system for perpetr a tors of sexual crimes against childre n fails to 'cure' the perpetrators. Fourth, the position of chemical castration, both if it will be regulated as a type of crimina l (straf) and action (maaatregel), is also very vulnerable if it is 'dealing' with the principles of the constitution because even th o ugh Article 28J of the 1945 Constitution of the Republic of Indonesia of the R epublic of Indonesia allows limitat i ons Human Rights based on the law, but according to article a quo, 4 In conn e ction with the foregoing, the wri t er is interested in doing a legal reconst r uction of the government policy that ha s produced the Perpu Kebiri. For this re a son, the researcher will analyze the conception of law towards government policie s comprehensively related to the things described above so that in this paper will co n tain the title "RELEVANCE OF PANCASI L A JUSTICE VALUE IN THE IMPLEME N TATION OF CHEMICAL CRIMINA L SANCTIONS ON SEXUAL CRIMINAL PERSONS ".

B. Issues To Be Discussed
The issue that will be discussed in this article is related to the implementation of castration chemical crimes at this time.

C. Research purposes
This st u dy has the following objectives:

A. INTRODUCTION
The judiciary as law enforcement agencies in the criminal justice system is a beacon of hope of those seeking justice who always wants justice that is simple, fast and inexpensive. 1 The policy is needed so that the peace process "under the hand" that occurs in the community, as happened in the Police as an initial stage of the criminal justice process can be legitimized by rules that provide legal certainty. 2 The concept which has been running for this that does not provide protection and respect for the interests of the victims and the

D. Research methods
The method used in this writing is the sociological juridical method, where the writing of this article besides using the analysis of legal regulations also uses the analysis of legal sociology. The God Value that is contained in the first principle of Pancasila is basically a moral foundation in the life of the nation and state in order to realize the God morality in this country in the framework of the concept of mutual cooperation as what was first called out by Soekarno. This is consistent with the view of Yudi Latif who stated "God in the Pancasila framework is an attempt to find a common ground in the spirit of mutual cooperation to provide a strong moral foundation for political life based on God morality." 5 This is realized by protecting the security of every human being in Indonesia regardless of a religious identity. Based on the various explanations above, it is clear that the imposition of sanctions as regulated in Article 81 paragraph (7) PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection has a great opportunity to violate the value of the first principle of Pancasila, This is because Article 81 paragraph (7) of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection may cause chemical castration convicts to have health impacts and also have the potential to be subjected to perpetrators of sexual violence committed by children and teenagers. This clearly violates the inner or mental side as well as physical health, or violates the religious as well as the material side, or which is also called violating the ukhrawi and worldly aspects, by borrowing the term from Kuntowijoyo, it can also be stated that Article 81 paragraph (7) PERPU Number 1 Year 2016 violates the loro-lorone atunggal principle. So that the implementation of Article 81 paragraph (7) of PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection will only disrupt the principle of life balance, especially for those who are subjected to chemical castration sanctions.

2) The Precepts of Humanity Are Fair and Civilized
The concept of human responsibility in realizing the value of Fair and Civilized Humanity must also be based on fulfilling its obligations and responsibilities to human beings and to nature as explained earlier by Hatta. So it can be said also that the responsibility for fulfilling the values of Fair and Civilized Humanity is also carried out in the horizontal relationship of humans with fellow humans and nature. This in 5 Loc, cit. offenders. This is a conventional mechanism which was based on the establishment of a formal process penal (criminal justice system) without looking at the development of law and sense of justice. Law reform and criminal justice system rests on socio-cultural values of Indonesian society, and thus reflect the values of Pancasila philosophy of life and global developments that reflect respect for the values of local wisdom (local wisdom), is a necessity. 3 The problems that can be raised in this paper are: How is the implementation of penal mediation in criminal law enforcement at this time? How are the shortcomings of the penal mediation in criminal law enforcement at this time? How is the construction of penal mediation in criminal law enforcement based on Pancasila values of justice?
This study is a socio-legal (social legal research). Socio-legal studies (socio-legal research) is the study of law in the form of empirical studies are oriented towards the discovery of theories about the process and about the workings of law in society. 4 Besides mediation reasoning is positive when philosophically the achievement of justice is carried out in a manner fast, simple, and lightweight because there are relatively fewer parties involved than through the judicial Philosophical aspects can be seen that the Indonesian nation is a godly nation, it requires that the Indonesian people always have to carry out the mandate that comes from God, that mandate is to create justice by respecting and protecting human rights and the dignity and human dignity of all groups in Indonesia. This is done by strengthening the national spirit inside and outside the country, for this it requires the sovereignty of the people and family in the context of national and state life. In short, the value of God can run well if it is realized through the value of Civilized Humanity, the National Value is included in it through popular democracy based on the values of Family and Mutual Cooperation. Without the people's sovereignty and family values in Indonesia, the value of unity or nationality will not be realized because the existing government based on the interests of a group alone is not based on the interests of the nation fairly and comprehensively. This clearly will result in violation of various human rights or human values in t his country which will automaticall y vi o late many moral teachings of religion and the mandate of the value of God. 7 So, than that, a model of social democracy o r p o pular sovereignty is needed, in whi c h t h e greatest power of the state is under the people's hands, either directly o r re p resented. Based on the various explanations above, it is also clear that Article 81 paragraph (7) PERPU Number 1 of 2016 concerning the Second Amendment to Law N umb e r 23 of 2002 concerning Child Protection also has the opportunity to create a legal system that is not adaptable, it i s not in accordance with the democrat ic s y stem people who want the realization of social justice for all Indonesian people through a government that is able to realize a legal system that is socially just and humane.

4) Sila Social Justice For All Indonesian
People Based on the three precepts above, it can be seen that each precepts of Pancasila actually aims to give birth to justice for all groups of people in all aspects of their lives both socio-cultural, economic, political, and legal. In terms of the law itself, the Fifth Precepts of Pancasila requires that there is no selective legal treatment, the law is required to be fair to every class of Indonesian people, meaning that the law is demanded to be able to protect the rights of every person in his life as a member of the community. Related to the implementation of Article 81 paragraph (7) PERPU Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Protection of Children, the law has the opportunity to cause injustice to those convicted of cases of sexual violence against children, this can be seen from the health aspect as

A. INTRODUCTION
The judiciary as law enforcement agencies in the criminal justice system is a beacon of hope of those seeking justice who always wants justice that is simple, fast and inexpensive. 1 The policy is needed so that the peace process "under the hand" that occurs in the community, as happened in the Police as an initial stage of the criminal justice process can be legitimized by rules that provide legal certainty. 2 The concept which has been running for this that does not provide protection and respect for the interests of the victims and the Indonesia is declared that "everyone has the right to recognition, guarantees, protection and certainty of law that is fair and equal treatment before the law." Furthermore Article 28G number 1 of the 1945 Constitution of the Unitary Republic of Indonesia states that: Every person has the right to protect themselves, family, honor, dignity, and property under his authority, and is entitled to a sense of security and protection from the threat of fear to do or not do something that is a human right.
Then Article 28G number 2 of the 1945 Constitution of the Unitary State of the Republic of Indonesia states that "everyone has the right to be free from torture or treatment that demeans human dignity and is entitled to political asylum from other countries." Furthermore Article 28I number 1 of the 1945 Constitution of the Unitary Republic of Indonesia states that: The right to life, the right not to be tortured, the right to freedom of thought and conscience, the right to religion, the right not to be enslaved, the right to be recognized as a person before the law, and the right not to be prosecuted on the basis of a retroactive law are non-human rights can be reduced under any circumstances.
Based on the various explanations above, it can be stated that the provisions as regulated in Article 81 paragraph (7)  Year 2002 concerning Child Protection can basically cause physical and mental torture due to side effects as explained above, this clearly has violated the right to life and the right to be free from torture. offenders. This is a conventional mechanism which was based on the establishment of a formal process penal (criminal justice system) without looking at the development of law and sense of justice. Law reform and criminal justice system rests on socio-cultural values of Indonesian society, and thus reflect the values of Pancasila philosophy of life and global developments that reflect respect for the values of local wisdom (local wisdom), is a necessity. 3 The problems that can be raised in this paper are: How is the implementation of penal mediation in criminal law enforcement at this time? How are the shortcomings of the penal mediation in criminal law enforcement at this time? How is the construction of penal mediation in criminal law enforcement based on Pancasila values of justice?

Factor-Factor Which
This study is a socio-legal (social legal research). Socio-legal studies (socio-legal research) is the study of law in the form of empirical studies are oriented towards the discovery of theories about the process and about the workings of law in society. 4 Besides mediation reasoning is positive when philosophically the achievement of justice is carried out in a manner fast, simple, and lightweight because there are relatively fewer parties involved than through the judicial  Based on the table above, it can be seen that 17 out of 29 law enforcement officers who are respondents in this paper are of the view that chemical castration actions can adversely affect the health of the perpetrators, because the perpetrators will feel the impact of chemical castration injections in the form of early bone loss (osteoporosis), up to the risk of heart disease. And the perpetrator will lose his future just like the victim. While the other 5 people are of the view that the chemical castration action does not risk having a bad impact on the health of the offender because the effect of the chemical castration injection is only valid for a moment and when the injection is eliminated then the effect of the injection can also be lost. And the rest 7 respondents have their own views on this matter.

2) Community Culture Factors
The culture of victims who are afraid to report to law enforcement because they consider the issue of sexual violence is a shame or a family problem that is taboo known to the general public, resulting in Article 81 PERPU Number 1 of 2016 jo. Law Number 17 Year 2016 Regarding the Second Amendment to Law Number 23 Year 2002 concerning Child Protection cannot run properly. In addition, an increase in cases of sexual violence against children arises due to economic problems.

F. Conclusion
Based on the various explanations above, it is clear that the implementation of Article 81 PERPU Number 1 Year 2016 has not effectively protected and been able to restore children victims of sexual violence. Then the factors that influence this are legal regulations that are still contrary to human rights respect as stipulated in the Pancasila and the 1945 Constitution of the Republic of Indonesia, then law enforcement factors that still do not pay attention to the recovery of children who are victims of sexual violence, and factors community culture that is still unable to effectively combat sexual violence against children due to a culture that considers