Kebijakan Hukum Pidana Dalam Upaya Penanggulangan Tindak Pidana Untuk Mengurangi Overcrowded Lembaga Pemasyarakatan Pada Masa Pandemi Covid-19

Saputra, Andika Oktavian; Mahardika, Sylvester Enricho; Pujiyono, Pujiyono

doi:10.26623/julr.v4i1.3230

Cited by 5 publications

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“…This can be observed in the substandard conditions and facilities provided to detainees or inmates in several prisons. The majority of prisons in Indonesia also suffer from overcrowding issues, with conditions falling below capacity standards (Ardiansyah, 2020;Fadhil, 2021;Fadilah & Subroto, 2023;Hamja, 2022;Isnawati, 2022;Jamilah & Disemadi, 2020;Lidya Suryani Widayati, 2012;Patras, 2020;Ricky Fahriza, 2020;Rizaldi, 2020;Saputra et al, 2021;Solehudin & Wibowo, 2021;Tobing, 2019;Wibowo & Subroto, 2022). Inadequate attention to nutritional aspects in meals, roofs made of materials that do not withstand heat, limited clean water facilities, and minimal amenities create challenges for inmates, especially vulnerable groups like women who have various biological vulnerabilities.…”

Section: Resultsmentioning

confidence: 99%

Violence within women's prisons and its implications on reintegration effectiveness

Hamja,

Kartini,

Susanto

2024

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The involvement of women in various aspects of life, both socially and economically, has exposed the potential for criminal behaviour among women. This situation has led to the phenomenon of women's involvement in criminal acts commonly associated with men, such as robbery, murder, organized crime, and human trafficking. Poor social and economic conditions tend to be triggering factors and solid reasons for women to engage in criminal activities. This background has become the basis for the increasing number of women in prison in Indonesia, opening the possibility of various forms of violence within women's prisons. This presents a significant challenge for the management of women's prisons in optimizing the reintegration system due to the escalation of significant demotivation resulting from the violence experienced by female inmates, both among themselves and with prison staff. This research employs an exploratory qualitative approach, focusing on women involved in criminal cases and sentenced to prison. Primary data from interview results are descriptively analysed, producing a comprehensive, authentic, and representative narrative. The findings of this study indicate that the concept of punishment in Indonesia still emphasizes punitive functions over corrective functions, where both physical and mental violence are considered effective forms of punishment, especially for women. Violence occurring within women's prisons is then negatively responded to and becomes a driving factor for the decreased interest of female inmates in succeeding in the reintegration program. This reluctance then triggers a negative response from the staff in the form of violence against female inmates. A solution to mitigate violence in women's prisons is the placement in open prisons, with the involvement of independent external parties in both the supervision process and the implementation of reintegration programs to achieve an inclusive and constructive effect for all parties involved.

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Section: Resultsmentioning

confidence: 99%

Violence within women's prisons and its implications on reintegration effectiveness

Hamja,

Kartini,

Susanto

2024

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“…This means that there is overcapacity, even reaching 300% in several places in Indonesia. (Saputra, 2021) The condition of correctional institutions in Indonesia is overcrowded, where the ratio of inmates to correctional institutions and the capacity of correctional institutions are not proportional. The density of convicts in correctional institutions occurs due to several factors.…”

Section: Provisions For the Implementation Of The Implementation Of S...mentioning

confidence: 99%

The social work criminal law policy reduces the overcapacity of correctional institutions

Saputra

2022

J. Cakrawala Huk.

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This study discusses the imposition of a sentence against a person who commits a crime which is a very important part of realizing a good criminal justice system, in this case, the judge must be able to choose the right type of punishment for the perpetrator. The alternative to imprisonment, in this case, social work punishment, provides for the fact that prison sentences are increasingly being criticized due to humanitarian considerations, philosophical considerations, and economic considerations. Criticism of the negative consequences of imprisonment has given rise to thoughts of looking for an alternative to imprisonment, even though imprisonment can be justified in terms of crime prevention and public safety. Social work criminal acts for perpetrators of minor crimes can fulfill elements of development and provide protection to society. Guidance elements that are oriented toward individual criminal offenders who are convicted of social work offenders are protected from negative impacts such as being labeled as offenders by society and loss of self-confidence.How to cite item: Saputra, R., (2022), The social work criminal law policy reduces the overcapacity of correctional institutions. Jurnal Cakrawala Hukum, 13(3)308-315. doi:10.26905/idjch.v13i3.6512.

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“…The research that has been done previously, among others: first, research conducted by Violette S. R. Mokodongan (2021) found that the implementation of Large-Scale Social Restrictions (PSBB) regulated in Government Regulation Number 21 of 2020, as a derivative of Law Number 6 of 2018 concerning Health Quarantine, shows that the existence of the law is indispensable as a guide when the country is faced with an Extraordinary Event (KLB) that is troubling the world. [7] second, research conducted by Andika Oktavian Saputra (2021) shows that the policy of reducing the criminal period due to the COVID-19 pandemic to provide assimilation and integration to prisoners after fulfilling certain conditions is a progressive policy. [8] Based on the above explanations, this research will discuss issues related to "Criminal Policy in Realizing the Recovery of Socio-Political Conditions for National Resilience After the COVID-19 Pandemic".…”

Section: Introductionmentioning

confidence: 99%

“…[7] second, research conducted by Andika Oktavian Saputra (2021) shows that the policy of reducing the criminal period due to the COVID-19 pandemic to provide assimilation and integration to prisoners after fulfilling certain conditions is a progressive policy. [8] Based on the above explanations, this research will discuss issues related to "Criminal Policy in Realizing the Recovery of Socio-Political Conditions for National Resilience After the COVID-19 Pandemic". The problems that will be discussed in this study are:…”

Section: Introductionmentioning

confidence: 99%

Criminal Policy Needed for the Recovery of Socio-Political Conditions for National Resilience Following the COVID-19 Pandemic

Simanjuntak¹,

Budiyono²

2023

KSS

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The Large-Scale Social Restriction Policy (PSBB), later changed to the Enforcement of Community Activity Restrictions (PPKM), prohibits people from gathering. Restrictions on activities inside the community have impacted social life, including law enforcement. Criminal law enforcement must adhere to Law Number 8 of 1981 concerning the Criminal Procedure Code, which explicitly regulates the stages of criminal law enforcement in Indonesia. All these stages share something in common - a form of face-to-face examination of all subjects of criminal procedural law. Thus, there exists a problem in extraordinary circumstances. This study aims to identify criminal law enforcement policies during the COVID-19 pandemic in Indonesia to realize the Restoration of the Socio-Political Condition of National Resilience after the COVID-19 Pandemic. This research used a qualitative descriptive approach. The results of this study indicated that Law Number 8 of 1981 concerning Criminal Procedure Law as the basis for criminal proceedings (lex generalis) only conducts face-to-face examinations in criminal proceedings. Since COVID-19, there has been no regulation regarding online examinations, thus creating a legal vacuum (rechtsvakum) that needs to be filled. Discretion or criminal policy is needed to overcome problems, so the Attorney General’s Office, the Supreme Court, and the Ministry of Law and Human Rights on April 13, 2020, Award of Cooperation Agreement (PKS) for the Implementation of Trials Through Teleconferencing during the COVID-19 pandemic. Keywords: Criminal Policy, National Resilience, COVID-19 pandemic

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Kebijakan Hukum Pidana Dalam Upaya Penanggulangan Tindak Pidana Untuk Mengurangi Overcrowded Lembaga Pemasyarakatan Pada Masa Pandemi Covid-19

Cited by 5 publications

References 0 publications

Violence within women's prisons and its implications on reintegration effectiveness

Violence within women's prisons and its implications on reintegration effectiveness

The social work criminal law policy reduces the overcapacity of correctional institutions

Criminal Policy Needed for the Recovery of Socio-Political Conditions for National Resilience Following the COVID-19 Pandemic

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