Legal Study on Fulfilling the Rights of Women Prisoners in Correctional Institutions

Authors

DOI:

https://doi.org/10.55908/sdgs.v11i12.2204

Keywords:

rights, prisoners, women

Abstract

Objective: Female prisoners are prisoners who must be given special protection, especially in fulfilling their rights, because they have different natures from men. With such a nature, it becomes the main basis for the need for legal protection for women. However, in essence, these regulations still generally regulate the rights of prisoners, as we know that women will experience conditions that men do not experience, such as menstruation, pregnancy, childbirth, and breastfeeding. So this becomes further research to analyze the fulfillment of the rights of female prisoners in correctional institutions. This research aims to analyze the implementation of fulfilling the rights of female prisoners based on Law Number 22 of 2022 concerning Corrections.

 

Method: This research is a type of normative juridical and sociological juridical research, with the approaches used, namely the statutory approach, case approach, conceptual approach, and comparative approach. By qualitative research methods, in this research, the data analysis used is qualitative research method analysis models.

 

Result: The rights of convicts must be given due attention in prisons, especially female convicts. Remember that there are many things that women experience that men do not experience, such as menstruation, pregnancy, childbirth, and breastfeeding. However, there is still a lack of facilities such as a lactation room for breastfeeding for prisoners who are pregnant, and/or if the child is having a tantrum, this room can be used so as not to disturb the activities of other prisoners.

 

Conclusion: Fulfilling the rights of prisoners is an important aspect of efforts to create better human resources after training in correctional institutions. The rights of convicts must be given due attention in prisons, especially female convicts. However, there is still a lack of facilities such as a lactation room for breastfeeding for prisoners who are pregnant, and/or if the child is having a tantrum, this room can be used so as not to disturb the activities of other prisoners. Apart from that, there are no regulations that specifically regulate the rights of female prisoners who are pregnant, breastfeeding, and with children.

References

Arvonne, S. F. (2017). Becoming Human: The Origins and Development of Women’s Human Rights. Equality and Non-Discrimination under International Law, 1, 215–268.

Budianto, A. (2020). Legal Research Methodology Reposition in Research on Social Science. International Journal of Criminology and Sociology, 9(1), 1339–1346.

Desy Kristiani Rahma Putri, Anak Agung Sagung Laksmi Dewi, and N. M. P. U. (2021). The Role of Correctional Institutions in Fulfilling the Rights of Pregnant and Postpartum Women Prisoners. Jurnal Interpretasi Hukum, 2(3), 550–554.

Gadama, L. (2020). Prison facilities were not built with a woman in mind’: an exploratory multi-stakeholder study on women’s situation in Malawi prisons. Nternational Journal of Prisoner Health, 16(3), 303–318.

Hawkey, A. J. (2017). Experiences and Constructions of Menarche and Menstruation Among Migrant and Refugee women. Qualitative Health Research, 27(10), 1473–1490.

Ibrahim Danjuma, Rohaida Nordin, and M. M. S. (2018). Incarceration and the Restriction in the Enjoyment of the Rights of Prisoners. Jurnal Undang-Undang Dan Masyarakat, 03, 38–52.

Kusnandar. (2022). Prison and Detention Center Population Overcapacity 109% in September 2022. Katadata.Co.Id. https://databoks.katadata.co.id/datapublish/2022/09/23/penghuni-lapas-dan-rutan-kelebihan-kapasitas-109-pada-september-2022

Meilya, I. R., Hanafi, S., Siregar, H., & Fauzi, A. (2020). Female Prisoners in Prison: Study of the Social Behavior of Female Prisoners. Journal of Nonformal Education and Community Empowerment, 4(2), 139–147.

Mukhlis, I. H. and. (2023). FULFILLING THE RIGHTS OF BREASTFEEDING CHILDREN WHOSE MOTHER IS A PRISONER (A Research at the Class II B Sigli Women’s Penitentiary). Urnal Ilmiah Mahasiswa Bidang Hukum Pidana, 7(2), 213–222.

Nugroho, E. D. I. and N. (2022). Philosophy Of Law And The Development Of Law As A Normative Legal Science. Nternational Journal of Educational Research and Social Sciences (IJERSC), 3(1), 314–321.

Prabasini, O. S. (2021). Legal Protection for Children in Conflict with the Law: Process and Problems. The Indonesian Journal of International Clinical Legal Education, 3(3), 381–398.

Prihananti, D. A. T. (2022). Fulfilling the Rights of Pregnant and Breastfeeding Prisoners in Women’s Correctional Institutions. Indonesian Journal of Criminal Law and Criminology, 3(2), 68–78.

Suryatni, L. (2020). Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia in Protecting the Rights of Women and Children (Perspective: Marriage between Indonesian Citizens and Foreign Citizens). Jurnal Ilmiah Hukum Dirgantara, 10(2), 35–49.

Tom Marshall, Sue Simpson, and A. S. (2018). Health Care in Prisons. CRC Press.

Vicki Dwi Purnomo, and H. B. (2023). Analysis of Political Criminalization in Indonesia. Formosa Journal of Applied Sciences, 2(5), 873–886.

Wasel, S. G. (2022). he United Nations Human Rights System. L’Egypte Contemporaine, 113(548), 491–547.

Wibowo, F. B. F. and P. (2020). Efforts to Fulfill the Rights of Health Services to Prisoners in Correctional Institutions. Widya Yuridika: Jurnal Hukum, 3(2), 363–376.

Youssef, C. (2023). Prison to Desistance:(re) Integration and Aftercare for Those Released From Prison. The Journal of Forensic Practice, 25(4).

Downloads

Published

2023-12-12

How to Cite

Fathonah, R., Rosidah, N., Maroni, Anwar, M., & Pratama, A. A. (2023). Legal Study on Fulfilling the Rights of Women Prisoners in Correctional Institutions. Journal of Law and Sustainable Development, 11(12), e2204. https://doi.org/10.55908/sdgs.v11i12.2204