Doctors’ Obligations Regarding Chemical Castration for Individuals Who Commit Child Sexual Abuse

Abstract

Law Number 17 of 2016 concerning Child Protection introduces chemical castration as an additional punishment for perpetrators of child sexual violence, regulated under Article 81 paragraph (7). The implementation of this punishment is mandated to doctors under Article 9 letter b of Government Regulation Number 70 of 2020, based on orders from prosecutors. However, this obligation conflicts with the medical ethical code and the doctor's oath, prompting the Indonesian Medical Ethics Honorary Council (MKEK PB IDI) to issue Fatwa No. 1 of 2016, expressing professional opposition to doctors performing chemical castration. Despite this, doctors—especially those with civil servant status—are legally required to obey state orders, with refusal risking sanctions as outlined in Article 216 paragraph (1) of the Criminal Code. This research aims to examine the legal position of doctors in carrying out chemical castration and possible legal avenues to resist this duty. Using a normative legal research method with statutory and conceptual approaches, and literature-based data collection, the study concludes that doctors are legally bound to implement chemical castration if mandated by law, particularly as civil servants subject to disciplinary rules. However, doctors who object may pursue a judicial review to the Supreme Court, arguing that the duty infringes upon their professional ethics and mental integrity. Such legal recourse seeks to balance state obligations with individual professional conscience.