Ministry of Human Rights: Synchronisation of New Criminal Code and Child Protection Law Must Clarify Chemical Castration and Death Penalty
The Ministry of Human Rights (KemenHAM) has affirmed the need to synchronise the implementation of the new National Criminal Code (KUHP) with the Child Protection Law, particularly regarding the imposition of supplementary penalties in the form of chemical castration and the threat of the death penalty in cases of sexual violence against children.
The affirmation comes following the alleged rape of a 15-year-old girl in Sampang, East Java, reportedly committed by 27 perpetrators.
Deputy Minister of Human Rights Mugiyanto expressed deep concern over the case, which occurred between February and May 2026. He asserted that the state must ensure the victim receives protection and recovery, while the perpetrators are processed firmly in accordance with the applicable laws.
“We convey our deep concern over the sexual violence inflicted upon a child in Sampang. Beyond that, I am angry at the crimes against children that continue to recur. Children are a group that we must all protect,” Mugiyanto said when contacted by Media Indonesia on Wednesday (16 July).
According to him, the victim is entitled to comprehensive protection, recovery and justice. On the other hand, the perpetrators must be held accountable for their actions through a firm legal process.
“Victims have the right to comprehensive protection, recovery and justice, while the perpetrators must be processed firmly in accordance with prevailing laws and regulations,” he said.
Responding to the question of synchronisation between the National Criminal Code and the Child Protection Law, Mugiyanto said Indonesia fundamentally already has a legal framework governing the handling of sexual violence crimes against children. The challenge now is ensuring all those provisions are applied uniformly by law enforcement officials.
“What matters most is ensuring that implementation is carried out consistently, harmoniously and with legal certainty, so that it does not create differing interpretations among law enforcement officials,” he said.
Regarding the possible imposition of supplementary penalties in the form of chemical castration and the death penalty for perpetrators of child rape, KemenHAM affirmed that all provisions stipulated by law must be implemented in accordance with the principles of the rule of law and due process, while continuing to respect the constitution and Indonesia’s human rights obligations.
According to Mugiyanto, the sentencing decision rests with judges based on the facts revealed during trial and the applicable legal provisions.
“As for supplementary penalties in the form of chemical castration or the threat of the death penalty, the Ministry of Human Rights takes the view that all provisions established by law must be implemented in accordance with the principles of the rule of law and due process, while continuing to respect the constitution and the human rights obligations Indonesia holds,” he explained.
He also reminded that Indonesia ratified the United Nations Convention Against Torture (CAT) in 1998. The convention prohibits acts classified as torture or treatment that degrades human dignity, including towards convicted prisoners.
“The Convention Against Torture (CAT), which we ratified in 1998, sets out the prohibition of actions and treatment that fall into the category of degrading dignity and torture. This applies to everyone, even convicted prisoners,” he said.
On that basis, Mugiyanto assessed that the government needs to promptly prepare clear implementation guidelines to prevent differing interpretations in the application of the law, from the investigation and prosecution stages through to the execution of court rulings.
“What needs to be strengthened is not only the norms themselves, but also clear implementation guidelines for law enforcement officials so that there is uniformity in the application of the law, from investigation and prosecution through to the execution of court rulings,” he said.
“Legal certainty is an important part of human rights protection, both for victims seeking justice and for the entire judicial process to run fairly, accountably and in accordance with the principles of the rule of law,” Mugiyanto continued.
Beyond law enforcement, KemenHAM also emphasised the importance of ensuring that victims’ rights are made a priority. The state, Mugiyanto said, must guarantee that victims receive healthcare services, psychological support, social rehabilitation, protection from intimidation and long-term recovery.
Furthermore, he stressed that severe punishment for perpetrators of sexual crimes against children remains necessary as a form of protection for society as well as to prevent the recurrence of similar offences. “Harsh and severe punishment must, in any case, be applied for very serious crimes. This is also important to prevent recurrence,” he concluded.