CASTRATION AS AN ENTERPRISE OF CRIMINAL POLICY IN THE CHILD PROTECTION LAW

The rise of sexual violence against children in Indonesia requires strict legal rules and a deterrent effect on perpetrators. So the government in the latest child protection law includes punishment for castration. The issues raised are how the application of criminal law against perpetrators of sexual violence against children (pedophilia) in Indonesia and how the additional criminal regulation of castration as a criminal law policy in the child protection law. The type of research used is normative research, which is research that focuses on a positive direction in the form of statutory regulations. Criminal application for perpetrators of sexual violence against children is regulated in the Criminal Code and the Child Protection Act. Castration is a new legal policy by the government in dealing with perpetrators of sexual violence against children.

concerning Child Protection, is expected to be able to provide a deterrent and preventive effect on the perpetrators, as well as to reduce the rate of sexual crimes against children. (Arliman, 2017;Noviana et al., 2020) Seeing the foregoing, the author is interested in research in a scientific paper entitled Additional Castration as a Criminal Law Policy Update in the Child Protection Act. With the problems that will be examined in the writing of this article are How to Apply the Criminal Law to Perpetrators of Sexual Violence Against Children (Pedhopilia) in Indonesia and How to Regulate Additional Castration as a Criminal Law Policy in the Child Protection Law.

METHODOLOGY
The type of research used is normative research, which is research that focuses on positive law in the form of statutory regulations, and this research uses secondary legal materials as the primary data. (Burris et al., 2010;Halim et al., 2019) The data collection technique is carried out using a literature study, which is a way to collect data in the form of books and official sources related to the legal issues being studied. (Soekanto & Mamuji, 2018) Data processing using qualitative analysis, namely by analyzing the results of the study with descriptive data analysis. (Nugrahani & Hum, 2014;Sugiarto, 2017) RESULT AND DISCUSSION

Children (Pedhopilia) In Indonesia
The rise of rape cases, in this case, sexual deviation against children (  (fifteen) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). (2) The criminal provisions as referred to in paragraph (1) shall also apply to any person who deliberately commits deception, a series of lies, or induces the child to have intercourse with him or other people. (3) In the event that the criminal offense as referred to in paragraph (1) is committed by parents, guardians, people with family ties, child caregivers, educators, educational personnel, officials who handle child protection, or it is committed by more than one person. collectively, the penalty is added by 1/3 (one third) of the criminal threat as referred to in paragraph (1). (4) Apart from the perpetrator as referred to in paragraph (3), an additional 1/3 (one third) of the criminal penalty is also imposed on the perpetrator who has been convicted of committing the criminal act as referred to in Article 76D. (5) In the event that the criminal act as referred to in Article 76D causes more than 1 (one) victim, results in serious injuries, mental disorders, infectious diseases, impaired or are related to family, child caregivers, educators, educational personnel, officials who handle child protection, or it is committed by more than one person.
collectively, the penalty is added by 1/3 (one third) of the criminal threat as referred to in paragraph (1).
(3) Apart from the perpetrator as referred to in paragraph (2) (1) Actions, as referred to in Article 82 paragraph (6) shall be carried out during and after the convict has served the preceding sentence.
(2) The implementation of the actions referred to in paragraph (1) shall be under regular supervision by the ministry that administers government affairs in the legal, social, and health sectors.
(3) A Government Regulation shall regulate further provisions regarding the procedure for implementing the action."

Additional Criminal Regulations As A Criminal Policy In The Child Protection Law
The existence of criminal law is an attempt to use sanctions to combat crimes.
Criminal law provides sanctions for actions that are not desired by society as a harmful system of sanctions. This is related to the view of life, moral order, and religious morals, as well as the interests of the nation concerned. It is not wrong if, to a certain extent, it can be said that the criminal law of a country can be an indication of the nation's civilization. According to Van Hammel, the purpose of Criminal Law is that Crime must contain a frightening element to prevent criminals who have the opportunity not to carry out their evil intentions. Criminals must have an aspect of repairing the convict, and an aspect of destroying criminals that are impossible to repair. The only purpose of a crime is to maintain legal order. (Soedarto, 1986) The application of criminal sanctions (punishment) is the oldest method, as old as human civilization itself, as an effort to combat Crime. Until now, the criminal law is still used and relied on as a means of criminal politics. In fact, at the end of the majority of statutory products, sub-chapters on criminal provisions are almost always included. (Hamzah, 2012) The Criminal Code and the Child Protection Act contain sanctions for perpetrators of sexual violence or pedophilia. However, there are still some weaknesses that arise if the legal sanctions are imposed on the perpetrators of sexual violence against children. The criminal sanction against the perpetrator of rape is considered not to provide fear to the perpetrator of sexual violence crime. (Nawawi, 2000) Law d.
The number of sentences used must provide criteria for evaluating whether the execution of the crime is following the purpose of the punishment itself. Does the penalty apply to need to be reformed towards improvement.
The implementation of castration punishment is law enforcement that is very relevant to face current developments, as long as it is carried out humanely, the sentence can bring about significant changes in the life of the nation and state, even though these benefits are still not being felt at this time but with the existence of these legal rules the perpetrators it is hoped that evil will not repeat such acts.
Castration punishment is a new legal policy by the government in dealing with the perpetrators of sexual violence against children. In terms of standard policies known as traditional politics, as defined by Mahfud MD, that Political Law is a legal policy or official line (policy) regarding law that will be enforced either by making new laws or by replacing old rules, to achieve the goal Country.
Criminal law policy or criminal law politics can be seen from the legal politics presented by Sudarto, which states that traditional politics are:(Moh Mahfud, 2009) 1) Attempts to create reasonable regulations following the circumstances and situations at a time.
2) The policies of the state through the authorized bodies to establish the desired rules which are expected to be used to express what is contained in society and to achieve what is aspired.
Efforts to overcome crime through the making of laws are essentially an integral part of public protection efforts and efforts to achieve community welfare. Therefore, it is only natural that legal policies or criminal law politics are also an essential part of social 40 systems or politics. Social policy can be defined as all reasonable efforts towards the welfare of society and also the protection of the company. (Najih, 2014) Reforming criminal law does not mean improving criminal law, but the desire to replace it for the better. This will affect the implementation of the law in the future. The criminal law of castration is used to solve social problems, especially the issue of pedophilia, which is considered a form of social disease that threatens public order.