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The Preparators of Sexual Crimes Deserved to Death Penalty

By Suci Nurfaidah

The recent month appeared many rape cases that even caused the victims death. A

series of rape cases makes people restless and angry to the rapists. Yuyuns case for example,

14 years-old girl from Bengkulu raped by 14 young men to death. In addition there is Eno

Parinah, 19 years-old girl who was raped and killed tragically in her rented room in

Tangerang, Banten. The cases which appeared recently is just a refection. Out there, there are

still many rape cases which have not exposed. It made public ask, what is the appropriate

punishment for the rapists? The purpose of the punishment is to ensure a deterrent

effect and prevent these cases will not happen again in the future. Some

options submitted by the public for what punishment that deserves to the

perpetrators of sexual violence, such as chemical castration, life

imprisonment and even the death penalty. However, the death penalty still in

some of controversy. In cases of rape were to involve in the victim died, the

rapists deserve the death penalty in Indonesia .

The opponent side said that the death penalty for the rapists is a violation of human

rights. The death penalty is like eliminate someone's life and fundamental of human rights,

namely the right to life. However, people sometimes forget about the human rights status of

the victims of rape and murder who also been taken. People will interpret differently the

meaning of human rights, so do not let people who have not responsibility only use the human

right as the excuse to maintain his status quo. According to international human rights

perspective, there are crimes that can be punish by death penalty such as crimes of genocide

and crimes against humanity ( including murder and rape ) International human rights under

Article 6 paragraph 2 of the International Kovenan on Civil and Political Rights states that the

death penalty allowed for the felonies for countries that have not abolished the death penalty.i

Like Indonesia for example.


The opponent also said that the death penalty does not solve the problem ii.

According to this argument, a rape case should be seen as a whole. The improvement should

be do on the system, because the fault come from the mindset of the rapists itself. However,

the penalty is consequence of what had happened while the system improvement is

different things with the penalties that has to be done to prevent the recurrence of similar

cases. The Punishment aims to ensure a deterrent effect, so the case will not happen again. If

we only improve the system, what would make a deterrent effect to the rapists ? Surely death

penalty prevents the case will not happen again because the rapists have died and also make a

deterrent effect for the society not to do similar things with the rapist.

Besides that, the opponent said that they more support chemical castration for the

rapist. Castration is aiming to lower the levels of the hormone testosterone in males. Low

testosterone levels can cause decreased sexual desire. However, a decrease in the hormone

testosterone may also interfere with health, such as decreased bone densitat, changes in body

composition even heart attact diseases that will generate sustainable effects. Besides that,

application of chemical castration means just assume that rape only about libidio or sexual

desire. In addition, the chemical castration should be done routinely once 3 months which is

the price of a syringe is 4.5 millions. Then in a year, the Government should spend the budget

of 36 millions for each rapistiii. Moreover, that costs will continue to be spend until the

chemical castration punishment end and it will increase the amount of Indonesias

expenditures.

It was clear if opinions that against the death penalty for the rapist is not valid.

Human right can not be the reason that the death penalty for the rapists be banned if the death

penalty still allowed for the felonies for countries that have not abolished the death penalty.

The death penalty may also create a detterent effect on the rapist and on the society.

Moreover, this country will not given by the expensive cost of chemical castration for the
rapists punishment. Therefore, the author's opinion is the death penalty deserve for the rapist

which caused the victim's death in Indonesia.


i
Ayub.staff.hukum.uns.ac.id/artikel-artikel/hukuman-mati-menurut-perspektif-ham-internasional/
ii
Merdeka.com/peristiwa/039hukuman-mati-bagi-pemerkosa-tidak-menyelesaikan-masalah039.html
iii
www.mediaindonesia.com/news/read/48157/penambahan-hukuman-kebiri-pada-pelaku-kekerasan-seksual-1/2016-05-
31

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