INTRODUCTION
The Republic of Indonesia is a legal state based on Pancasila and the
1945 Constitution of the Republic of Indonesia which regulates everything in it
and recognizes and upholds human rights. Human rights are rights that are
inherent in a person from birth and cannot be contested by others. Human rights
are human rights, which are inherent in humans, where humans are also endowed
with reason, mind and conscience. Human rights are obtained by everyone,
whether children, adults, men or women.
Crimes can occur at any time regardless of who the perpetrators of
these crimes are, it is possible for a woman to commit a crime. In committing a
crime, men, women or children are all equal before the law and crimes can occur
because there is an opportunity to commit a crime.
A crime or crime is an activity that harms other people in particular
and can harm the state in general. Crime or criminal acts can be committed by
anyone with different reasons or factors, it is possible that crimes can occur
in any group or in any age group. It can be said that the perpetrators of
crimes are not only men but do not rule out the possibility of being committed
by a woman. Unknowingly those who commit a crime do not know what the
consequences of what they are doing are so that they are punished for
committing a crime and in the end become residents of a "Prison
Institution" which used to be called a prison.
Correctional institutions have the main function as a place of
execution or execution of sentences for convicts in prison. On the basis of a
judge's decision that has permanent legal force, the person will undergo a
coaching process in a correctional institution. A penitentiary where convicts
are fostered to serve their sentence for crimes they have committed based on
court decisions.
Convicts fostered in a correctional institution is a process or goal of
punishment where criminal convicts who are already in a correctional
institution are a process of the punishment. Prisoners who are serving
sentences or are being fostered in correctional institutions must be treated as
well as possible. Prisoners in correctional institutions are nurtured for the
future when convicts return to society, not looking backwards by looking at the
crimes that have been committed by inmates.
Correctional institutions must pay attention to the rights of convicts
as regulated in Law Number 12 of 1995 concerning Corrections. In connection
with the protection of convicts' rights, in Indonesia this is also guaranteed
in Law Number 39 of 1999 concerning Human Rights (hereinafter referred to as
Law No. 39/1999) which guarantees this protection as in Article 29 paragraph
(a): "Every person has the right to protection of himself/herself, family,
honor, dignity and property rights". Whereas paragraph (a) states,
"Every person has the right to recognition before the law as an individual
human being wherever he is." Furthermore, it is necessary to understand
Article 29 of Law no. 39 of 1999 concerning Human Rights clearly states that
convicts are God's creations even though they are convicts,
The concept of Correctional Institutions is not only as a system that
accommodates convicts who are restrained by their freedom but is a process of
coaching or a coaching system by the method of seeing the potential both within
individuals and in the midst of society. A convict is a person who at a certain
time commits a crime, because his independence is revoked based on a judge's
decision.
In terms of fulfilling the rights of convicts, there are rights that
are very important and must be fulfilled, namely the rights of female convicts.
Female prisoners are of course different from male prisoners in terms of
dietary nutritional standards, let alone other things. Reproductive health for
women is physical, mental and social health, not only free from diseases or
disabilities related to the reproductive system, functions and processes. Therefore,
female prisoners have things that male prisoners do not have, such as the
menstrual cycle, pregnancy, childbirth and breastfeeding. So that the needs of
women are more complicated than men especially in health services when women
are pregnant and carrying out the coaching process in prisons.
This becomes a more specific problem and the urgency is deeper during
pregnancy. Prisoners who are pregnant and carrying out the coaching process in
prisons get dispensation or relief in coaching activities and daily work. Just
like when there was heavy work like lifting heavy objects or something else, it
was no longer done and another inmate was replaced. Because there are still
very few special prisons for women or women, a special block is made for female
and female prisoners in general prisons, which on average contain male
prisoners.
Efforts to ensure the fulfillment of the reproductive health rights of
female convicts through the provision of the best, safe and affordable health
services are realized through various health efforts, including assisted
reproduction, abortion based on indications of medical urgency and rape as an
exception to the prohibition on abortion, maternal health, and pregnancy
outside the natural way.
Judging from the number of special prisons for women in Indonesia, the
lack of this could become an obstacle in granting the rights of pregnant female
convicts. Insufficient infrastructure is the main obstacle in health services
for pregnant female prisoners. There are still many female convicts placed in
public prisons along with male convicts whose environment tends to be dirty and
squalid.
The condition of the Class II B Women's Prison in North Maluku, which
is the object of study in this study, is the only women's prison in the
jurisdiction of North Maluku Province. In general, the number of female
convicts in these prisons has not exceeded the capacity of the occupants.
Unlike the condition of overcapacity in several prisons which generally occurs
in Indonesia. The problem in this paper is focused on how the fulfillment of
the special rights of female convicts is manifested, where this problem needs
attention in line with the absence of specific legal instruments to regulate
this matter. In general, from a normative perspective, the rights of convicts
based on gender are basically the same as stipulated in Law Number 12 of 1995
concerning Corrections. However, female convicts should still have different special
treatment when compared to male convicts. This is none other than due to the
natural differences that women have, such as in special conditions such as
menstruation, pregnancy (pregnancy), childbirth or breastfeeding.
Seeing this can have an impact on the health of pregnant inmates and
the development of babies. Therefore, it can be concluded that the detaining
party or institution has neglected the important needs of women. Starting from
the condition of the room, lighting, clean water, to reproductive health
services. This condition also occurs in detention centers or prisons, which are
basically official detention institutions.
A human being still has the same rights as other human beings
regardless of whether a prisoner is or not. This is where the role of the
penitentiary is in fostering prisoners in accordance with the objectives of the
correctional facility, by paying attention to the rights of prisoners by not
ruling out those who are currently in the coaching process by treating them
like humans in general in correctional institutions, as well as guiding
convicts not to repeat the same behavior, so that there needs to be a
discussion about how the protection given to female convicts will be the rights
of female convicts in Correctional Institutions.
From the description above, the writer is interested in conducting
research through writing a thesis with the title "Fulfillment of the
Special Rights of Women Prisoners (Case Study of Class 2 B Penitentiary in
North Maluku)". The purpose of this research is to examine the fulfillment
of the special rights of female convicts in Class Correctional Institutions.
Furthermore, to analyze the obstacles and efforts faced by the North Maluku
Class II B penitentiary in the process of fostering female convicts.
METHODS
This type of research has a type of empirical legal research, namely
research that looks at the application of laws and regulations in society.
Research conducted by researchers is a type of qualitative field research,
namely research that emphasizes the completeness of the data collected, namely
in the form of primary and secondary data. This research refers to the type of
empirical legal research through a social legal research approach. The
characteristics of social research on law focus on individual or societal
behavior in relation to whether or not an applicable legal rule is effective.
The empirical legal research approach also seeks to develop rooted knowledge by
comparing legal and societal studies.
In this study, the researchers took the location of the Class 2 B
Penitentiary in North Maluku. Nature of Research This research is descriptive
in nature, because this research aims to explain the current problem solving
based on data, so this research also presents data, analyzes and interprets.
Descriptive research is research that is directed at providing
symptoms, facts, or events in a systematic and accurate manner, regarding the
characteristics of a particular population or area. Descriptive research tends
not to need to look for or explain relationships and test hypotheses. In this
research the purpose of descriptive research is to provide an overview and
information regarding the Fulfillment of the Special Rights of Female Prisoners
in Class 2 B Penitentiary in North Maluku.
RESULTS AND DISCUSSION
Fulfillment of the special rights of female convicts in
Class II B Penitentiary in North Maluku Province
One of the essences of the
concept of a state based on law is the fulfillment of human rights. The aim of
a rule of law is to increase people's welfare. A rule of law is a state based
on law and can guarantee a sense of justice. This sense of justice can be
reflected in the attitude of the authorities in maintaining stability and
peace, meaning that the ruler is based on law (Ferizal, 2016).
The history of development in Indonesia reveals
the system of treatment of lawbreakers in Indonesia from time to time, in
accordance with the level of legal awareness and the development of the views
of the Indonesian people regarding human values and humanity in
relation to convicts and our nation's aspirations for the meaning and ideals of
national independence. and country. In this way, at the same time it will be
more clearly revealed what has been the background for the birth of the
correctional system and the goals to be achieved with the system that has been
developed today.
The prison system as a criminal executor loses
independence presumably it is no longer in accordance with the level of
civilization and dignity of the Indonesian nation which has a philosophy of
Pancasila, because imprisonment originates from the view of individualism
contained in the colonial dictionary, which views and treats convicts not as
members of society but is a form of social revenge (Inspiration,
2020). Prisoners in several ways receive less attention, especially the
protection of their human rights as human beings. The punishment that is
carried out by the convict does not mean that his rights are revoked, but
punishment in essence only alienates him from the community environment as well
as liberation from guilt and as an effort to provide a deterrent effect.
Punishment is not aimed at revoking human
rights attached to him as a deterrent. Punishment is not aimed at revoking
human rights inherent in him as a human being. The aim of coaching lawbreakers
in Correctional Institutions is not solely to repay but also to improve where
the philosophy of punishment in Indonesia is essentially changing as contained
in the penitentiary system which views convicts as lost and has time to repent.
Therefore, the life of convicts is a pattern of activities or activities
carried out by convicts and grouped in a place that is not free in nature in
order to be accountable for their actions and direct them to the right actions
according to law and religion so that they can repent when they are released
later.
Treatment that is not
the same in the sense of actually treating the same, but what about the fulfilment
of the rights of state colours (Simamora, 2014). This human right is also attached to
individuals who have been legally found guilty and sentenced to prison terms,
including female convicts. Sahardjo as quoted in his book K. Sudiri stated that
the purpose of imprisonment apart from causing suffering for the convict to
repent is to educate so that he becomes a useful member of society which is
called the penal system (Mannuruki,
2017). As mandated in the provisions of Article 27 paragraph (1) of the 1945
Constitution which states that: all citizens have the same position before law
and government and are obliged to uphold that law and government without
exception. The provisions above
explicitly requireequality before the law of this rule which creates a
consequence that the State in fulfilling the rights of citizens must not have
discriminatory treatment of its implementation.
It is emphasized in the "considering"
preamble in the Republic of Indonesia Law Number 22 of 2022 concerning
Corrections that in essence the treatment of suspects, defendants and convicts
who have been deprived of their liberty must be based on the principle of legal
protection and respect for human rights based on Pancasila and the
Constitution. NRI of 1945. Thus, the presence of the Penitentiary Concept does
not merely formulate the objectives of imprisonment, but rather a coaching
system, a methodology for handling directors with an approach centered on the
potential of the individual concerned as well as within society. Or a convict
is a person who at a certain time commits a crime, because his independence is
revoked based on a judge's decision.
Women are part of the
reality of life in society, inseparable from the phenomena that occur in it,
including crime (Kasmi, 2019). Just like men, women also have the opportunity to be
punished and sentenced to prison if proven guilty of committing a crime. This
has prompted law enforcement officials to accommodate the need for special
places of detention for women in Indonesia.
Every year the number of
women living in detention institutions increases along with the increase in
crimes committed by women. The Directorate General of Corrections noted that
during 2015-2022, the average increase in the number of female prisoners each
year was 7.90% and the average increase in the number of female prisoners each
year was 8.67% (Directorate General of Corrections) (Sinaga et al.,
2020).
Female convicts who are fostered in
Correctional Institutions are called correctional assisted citizens or correctional
clients (Sari &
Saleh, 2022). For female convicts, they must adjust in a balanced manner both in
personal and social adjustments, so that female convicts are able to accept
themselves and accept others, cooperate, carry out activities and foster,
communicate so that they are able to respond to themselves in situations and
conditions that are always changing. change in environment Correctional
Institution. These female prisoners did not experience fundamental
difficulties, but there were problems in adapting to the regulations in force.
Places where correctional inmates and
correctional students are called Correctional Institutions who are serving
their criminal terms because of their actions that violate the law. Before
there was the term Correctional Institution or Correctional Institution
known as prison. Penitentiary is one of the Technical Implementation Units
under the Directorate General of Corrections of the Ministry of Law and Human
Rights (formerly the Ministry of Justice).
Correctional Institutions are filled with
convicts or Correctional Families but there are also those whose status is
still detainees, what is meant by detainees are those who are still in the
judicial process and have not been found guilty by a judge. Prisoners who are
in correctional institutions are of course not only male, there are also female
inmates. Usually female convicts in correctional institutions have committed
the same unlawful acts as male convicts in correctional institutions, for
example due to cases of violence, fraud, use or distribution of narcotics, and
murder.
Female inmates who are in correctional
institutions are of course different from male prisoners who are also in
correctional institutions. For example, there are female convicts who have just
entered the penitentiary and may be pregnant and breastfeeding. Due to circumstances
that forced him to continue his life, he had to pay for the children who were
with him and also the needs for the children who were in his womb. Eventually
became a drug dealer. However, she was caught before giving birth and finally
had to serve her sentence in the penitentiary. Therefore, she will give birth
and raise her child in a penitentiary while serving her sentence. In Article 14
paragraph (1) of Law Number 35 of 2014 concerning Child Protection, says:
"Every child has the right to be cared for
by his own parents, unless there are valid reasons and/or legal regulations
indicating that separation is in the best interests of the child and is the
final consideration"
Article 20 paragraph (3) of Government
Regulation Number 32 of 1999 concerning the Requirements and Implementation of
the Rights of Correctional Assisted Citizens states that:
"Children of female convicts who are
brought to LAPAS or who are born in LAPAS can be given additional food on the
doctor's instructions, no longer than the child is 2 (two) years old"
From the contents of the article described
above, it can be concluded that female inmates are allowed to bring or care for
their children in Correctional Institutions, but there is an age limit, namely
up to 2 years of age. And then if it has entered the age of childhood then it
must be returned to the husband or relatives who are at home. As according to
Bernard Winscheid, the right is a will that is equipped with power and which is
given by the legal order or legal system to the person concerned. Van Apeldoorn
explains that rights are circumstances that are governed by law(Nurhayati,
2020). With this, the state, which can be said to be a place or gathering
place for citizens, must provide protection for the rights of its citizens
regardless of the legal status of these citizens.
The rights of female
convicts and male convicts are the same, only in this case because the convicts
are women, there are several rights that receive special treatment from male convicts
which are different in several respects, including because women have natures
that are not owned by male convicts. namely menstruation, pregnancy,
childbirth, breastfeeding, so in this case the rights of female convicts need
to receive special attention both according to the law and prison staff
throughout Indonesia.(Ticoalu, 2013). But the facts that occur in the field are not
completely in accordance with the regulations made by the government.
The fact is that
prisons in Indonesia have difficulty getting sanitary pads every month. Even
though this is very necessary for female convicts, because every month women
experience menstrual cycles. In addition, human rights violations that occur in
Correctional Institutions in Indonesia are female convicts when they are
pregnant are not given food and nutritional intake that is different from other
inmates. Even though the nutritional and food intake for a woman who is
pregnant should be different from that which is not pregnant(Primawardani,
2017). For the health and
development of the baby in the womb. This can be seen from the fact that there
is no special room for the babies they give birth to. The babies they gave
birth to slept and lived together in one room with other inmates, who lacked
personal hygiene and suffered from various diseases.
It can have a bad effect on the health and
development of the baby. A prisoner is indeed someone who has violated the
human rights of others, but that does not mean that the human rights inherent
in him are immediately lost and he may be treated arbitrarily by other parties
in order to atone for all his evil deeds. However, in reality there are still
prisoners' rights that have not been implemented perfectly. There are still
neglected prisoners' rights. Even though there is a Law on Correctional
Institutions which regulates the rights of convicts.
An inmate who is serving a
sentence in their LAPAS needs attention, especially in granting his human
rights as a human being. Prisoners must also have their rights protected even
though they have violated the law. In Article 9 of Law Number 22 of 2022
concerning Corrections it is expressly stated that convicts have the right to (Paradise, 2022)
1) Carry out worship according to their religion or
belief;
2) Get treatment both physically and spiritually;
3) Get education, teaching, and recreational
activities as well as opportunities to develop potential;
4) Receive proper health services and food according
to nutritional needs;
5) Get information services;
6) Get legal counseling and legal assistance;
7) Submit complaints and/or complaints;
8) Obtaining reading materials and following
unrestricted mass media broadcasts;
9) Receive humane treatment and be protected from
acts of torture, exploitation, neglect, violence, and all actions that endanger
the physical and mental;
10) Get work safety guarantees, wages, or work
premiums;
11)
Get social services; and
12) Accept or refuse visits from family, advocates,
assistants, and the community
The author wants to describe the problem
indicators of fulfilling the special rights of women inmates in correctional
institutions according to the perspective of RI Law No. 22 of 2022 concerning
Corrections and Government Regulation Number 32 of 1999 concerning Requirements
and Procedures for the Implementation of the Rights of Correctional Assisted
Citizens, by taking several case approaches from previous researchers, as
follows:
The rights of women fostered citizens in carrying out
worship according to religion or belief
In essence, humans are
religious beings. Therefore, religion is a human need, because humans are weak
creatures so they need a place to support or a place to complain. As religious
beings, humans are aware of and believe in the existence of supernatural powers
outside of themselves. Humans need religion (God) for the sake of safety and
peace of mind, because we are obliged to have religion for life safety and
peace of mind (Chairul, 2014).
The function of religion
in one's life is to function as a value system that contains certain norms. In
general, these norms become a frame of reference in behaving and behaving so
that they are in line with their religious beliefs. As a religious system, it
has a special meaning in one's life and is maintained as a characteristic form.
In addition, the influence of religion in one's life is to give mental
stability, a feeling of happiness, a feeling of being protected, and a feeling
of satisfaction. This positive feeling will further motivate you to act.
Religion in one's life apart from being a motivation and ethical value is also
a hope (Rozak, 2019).
Referring to article 28
paragraph 1 of the 1945 Constitution, article 4 of Law Number 39 of 1999
concerning Human Rights and Article 12 paragraph 3 concerning Civil and
Political Rights (ICCPR) which has been ratified through Law Number 12 of 2005,
the right worship according to religion or belief is one of the absolute rights
that cannot be reduced, even in an emergency or under any circumstances and by
anyone.
The right to worship
according to religion or belief is also regulated in Articles 2 to Article 4 of
Government Regulation Number 32 of 1999 concerning Terms and Procedures for the
Implementation of the Rights of Correctional Families.(Novantoro,
2018)and articles 41 to 42
minimum standard regulations for the treatment of prisoners. Providing time to
carry out worship according to the time of worship, providing places of
worship, holy books, religious lectures, as well as religious guidance from
religious leaders(Lubis, 2019). The right to worship is a very important
right to be obtained by every convict. Having the right to worship will have a
positive impact on convicts and become one of the factors so that convicts are
aware and do not commit acts that violate the law.
From the results of
research conducted by researchers in previous studies, the authors took 2 (two)
examples of problems with fulfilling the rights to worship in the Sigli Banda
Aceh Class II Women's Penitentiary and the Right to Freedom of Religion for
Prisoners in the Class III Panai Tengah Penitentiary, Labuhan Bilik City,
Labuhan Batu Regency.
The research results of the Sigli class III
women's prison indicated that worship activities were carried out in accordance
with the time, the availability of places of worship and holy books for each
religion. Regarding worship activities at the Sigli Class III Women's Penitentiary,
recitation activities are carried out 3 (three) times a week, namely on
Tuesday, Thursday and Friday. The material provided is in the form of lecture
methods and learning methods. In terms of this activity, the Sigli Class III
Women's Penitentiary in collaboration with the Pidie Ulama Consultative Council
and the Ministry of Religion.
However, the distribution
of mukenas for Muslims has not been fulfilled properly or in other words the
distribution of mukenas in Sigli class III women's prisons can be said not to
be given to each female prisoner. In the provision of mukenas at the Sigli
Class III Women's Penitentiary, inmates bring their own mukenas, so the Lapas
only provides one mukena at the Lapas prayer room.
The same problem is also
found in the Panai Tengah Class III Correctional Institution, Labuhan Bilik
City, Labuhan Batu Regency. In the results of the previous author's thesis
research researched by Khairun Nisak stated that the Panai Tengah
Class III Correctional Institution was sufficient enough, namely the
availability of a mosque to worship for prisoners who were Muslim and a church
for prisoners who were Christian. Currently, the Panai Tengah Class III
Penitentiary does not have Catholic, Hindu and Buddhist convicts assisted, so
that the facilities for worship are not yet permanently available.
Apart from that, there is
also a lack of human resources at the Panai Tengah Class III Penitentiary in
fulfilling the right to worship for inmates. In order to streamline the
function of prisons as an institution that is expected to be able to provide
awareness for convicts, religious activities are of course a very good effort.
Specifically related to efforts to awaken and return people to the right path.
Therefore, facilities related to the implementation of worship in Correctional
Institutions must be endeavored and designed to be as comfortable as possible.
So that the inmates feel comfortable and calm in carrying out worship
activities.
The Rights of Women Convicts to Obtain Proper Health and
Food Services
Based on Articles 14 to 18
of Government Regulation Number 32 of 1999 regarding the requirements and
procedures for implementing the rights of inmates which regulate the right to
health services. Article 14 PP Number 32 of 1999 states: (a) Every prisoner and correctional student has the
right to receive proper health services,
and (b) In the event that convicts or correctional students have complaints about
their health, doctors or other health workers at LAPAS are required to carry
out examinations.
The right to adequate food
is a group of rights that focuses attention on serving food on time, food
served three times a day, the appropriateness of the quality of rice,
vegetables and side dishes as measured by respondents, and the serving of
fruit. This is the right of convicts as stated in the Decree of the Minister of
Justice Number M.02-PK.04.10 of 1990 concerning Patterns of Development of
Prisoners/Detainees in the Care of Prisoners and Correctional Students. Then
the question of drinking water that is suitable for drinking is regulated in
Article 19 paragraph (1) of Government Regulation Number 32 of 1999 concerning
Terms and Procedures for the Implementation of the Rights of Correctional
Families. Serving a varied menu and provision of fruit is regulated in the
regulation of the Minister of Law and Human Rights of the Republic of Indonesia
Number M.HH-01.PK.07.
Referring to the
Regulation of the Minister of Law and Human Rights of the Republic of Indonesia
Number: M.Hh-01.Pk.07.02 of 2009 concerning Guidelines for Organizing Food for
Correctional Inmates in Correctional Institutions and State Detention Centers,
it is stated that personnel are needed to provide food. Based on the data
above, as research conducted by Elyna Amelia Dewi, et al., in her writing on
"Fulfillment of the Rights of Prisoners in Class II A Penitentiary
Sidoarjo who experience over capacity (over capacity) related to the right to
food and health" get the condition where the fulfillment of the right to
proper food in Class IIA Sidoarjo correctional institutions has not been
fulfilled properly. This is proven by:
1) The food menu does not
match the 10 day food cycle that has been set.
2) Food portions are small so
that more inmates buy food at the correctional institution cooperative.
3) The quality of the rice
was poor so that many inmates complained about the many pebbles, or brown rice.
4) There was no cook so that
the prison officials appointed the narpaidana to cook food for all the inmates.
5) The cleanliness of the
food processing area is also not clean because there is no place to store food
or a freezer.
Prisoners who are in
correctional institutions do not need to get really complete food like people
outside the correctional institution. However, at least the fulfillment of
their right to food is in accordance with existing health standards and in
accordance with the calories needed, because basically reducing calories and
menus should further exacerbate the situation in the penitentiary because if
inmates experience illness it will make the penitentiary work even harder.
Again.
The same problem was also
explained by the previous researcher Nurfatanah in his writing on
"Fulfillment of the Special Rights of Women Convicts in Sigli Class III
Women's Penitentiary According to Human Rights (Review of Government Regulation
Number 32 of 1999 and its Implementation) to explain the question of the right
to food and drinking water in The Sigli Banda Aceh Class III Women's
Penitentiary is that it has been fulfilled by the availability of proper eating
and drinking utensils and the provision of food three times a day in a timely
manner and the food served is fit to eat. served fruit.
Regarding health checks
carried out every day, but only for inmates who have complaints. This health
check is only carried out individually, not en masse. So, inmates who have
complaints can go to the polyclinic available in prisons. However, the health
checks were not optimal, the checks were carried out by LAPAS officers who were
seconded to the health department. Apart from that, this problem is caused by
the absence of medical personnel and the lack of available medical equipment at
the Sigli Banda Aceh Class III Women's Penitentiary, in terms of health checks
the prison cooperates with the puskesmas.
Based on the description
above, according to the author, the fulfillment of the right to health services
for convicts is not in accordance with the Government Regulation of the
Republic of Indonesia Number 32 of 1999 concerning the terms and procedures for
exercising the rights of prisoners inmates in prison, in Article 16 paragraph
(1) this is evidenced by health checks which only carried out 1 time when the
convict was registered in the penitentiary and also not in accordance with the
Regulation of the Minister of Law and Human Rights Number M.HH.02.UM.06.04 of
2011 concerning Guidelines for Health Services in the Ministry of Law and Human
Rights. This is evidenced by the health staff consisting of only 1 general
practitioner, 1 dentist and 3 nurses with over capacity or the number of
inmates that exceed the capacity, with inadequate space availability such as
the absence of laboratories, and dental clinics as well as incomplete drug
supplies, this is not in accordance with existing regulations. However, the
provision of clinic rooms is at least in accordance with the regulation of the
minister of law and human rights number M.HH.02.UM.06.04 of 2011 concerning
Guidelines for Health Services in the Environment of the Ministry of Law and
Human Rights.
The Right of Female
Prisoners to Receive Spiritual and Physical Care
Not only that, the health
rights of convicts are also regulated in Article 5 PP No. 32 of 1999 concerning
Terms and Procedures for the Implementation of the Rights of Prisoners Assisted
Every Prisoner states that, "correctional has the right to receive
spiritual and physical care". In this case the right to health is limited
and emphasized on physical health rather than spiritual health, because the
impact on physical health is directly felt by sufferers (prisoners) and the
implementation of fulfilling their health is explained by law, while spiritual
health is not explained in detail in the Law. Invite.
Physical care is clearly
regulated in Article 7 paragraph (1) letters a, b, and c PP No. 32 of 1999
concerning Terms and Procedures for the Implementation of the Rights of
Correctional Inmates which states that, "Every prison inmate and
correctional student has the right to receive physical treatment. in the form of: (1) Provision of opportunities for sports and
recreation; (2) Provision of clothing
equipment; and (3) Provision of sleeping and
bathing equipment.
The presence of Law No. 22
of 2022 concerning Corrections and PP No. 32 of 1999 concerning Terms and
Procedures for the Implementation of the Rights of Correctional Assisted
Citizens are actually the same, namely fulfilling the health rights of convicts
such as getting proper food, physical and spiritual care, the right to submit
complaints in a correctional institution. Opportunities to do sports at LAPAS
as referred to in the explanation of Article 7 paragraph 1 letter a Government
Regulation Number 32 of 1999 are: "The types of sports held include
football, table tennis, volleyball, badminton, chess, or gymnastics. The types
of recreation held include television shows, performing arts performed by
convicts, students or correctional officers, or performing arts imported from
outside LAPAS.
The regulations regarding
the right of convicts to receive treatment, both spiritual and physical care as
mentioned above, show that convicts are seen as whole beings who have a need
for care. What's more, these regulations regulate detailed matters related to
spiritual and physical care. As for the results of research on physical and
spiritual care at LAPAS, in terms of sports such as morning exercises are
carried out every Tuesday and Wednesday. For this type of sport, volleyball is
usually done every Tuesday, Wednesday and Friday. Regarding sports facilities
for prisoners provided by the prison, it is seen as the availability of
volleyball.
Recreation has been
sufficiently fulfilled, judging from the television and reading materials
provided in the library, but in terms of facilities, it is still lacking
because the space used for the library is also used for other activities and
the books available are still incomplete. In terms of providing sleeping
equipment, the Correctional Institution only provides mattresses, while other
equipment such as sheets, blankets and pillowcases are not provided by LAPAS,
but convicts bring the equipment themselves.
Provision of clothing
equipment The prison only provided 1 (one) set of uniforms and for other
clothing equipment such as underwear was not provided. Regarding toiletries,
the parties only provide it once a month or once every two months according to
the existing budget.
Right to Get Education and
Teaching
The right to education and teaching is
regulated in part III Article 9 of Government Regulation Number 32 of 1999
which states: "every LAPAS is obliged to carry out educational and
teaching activities for convicts and prison students". In order to make
efforts to prepare correctional inmates for their future roles, LAPAS can
cooperate with government agencies whose scope of work covers the fields of
education and culture, and or social agencies engaged in education and teaching
(according to Article 10 paragraph 2 PP No. 32 of 1999). And it is also the
most important part regarding education, including regarding the access of
convicts and children to formal education, the access of convicts to pursue
package pursuing education.
This education and
teaching can be carried out in LAPAS or outside LAPAS (article 11 paragraphs 1
and 2 of PP No. 32 of 1999). And it is also contained in the Decree of the
Minister of Justice Number M.02-PK.04.10 of 1990 concerning Patterns of Convict
Development. With the existence of regulations regarding the rights of convicts
to receive education and teaching, it shows that inmates strived to meet the needs to develop themselves.
Based on the results of
the researchers' observations that there is indeed a special room for sewing,
as well as sewing equipment that is quite complete so that it makes it easier
for prisoners to sew. In terms of education in Correctional Institutions, in
fact, in the implementation of education for prisoners, education is given
every Thursday based on packages and for prisoners who are over 40-50 years
old, education has not been given.
In terms of job training,
Correctional Institutions hold sewing training activities. The prison also
provides sewing machines and materials for sewing purposes. As for the special
rights of female convicts, it is well known that women are special creatures of
God, because the creator gave them special privileges.
Fulfillment of the Special
Rights of Female Convicts
Women experience menstrual
cycles, pregnancy, childbirth, and breastfeeding. Women's reproductive rights
as part of women's human rights are guaranteed to be fulfilled in the
Indonesian state constitution, as stipulated in Article 28 H paragraph (1) of
the 1945 Constitution. The provisions of the 1945 Constitution are reaffirmed
in Article 49 paragraph (3) Law No. 39 of 1999 concerning human rights which
reads: "special rights attached to women due to their reproductive
function, are guaranteed and protected by law. The right to get the special
needs of women makes the focus of attention, there are several things
including:
a) The Right To Obtain Menstrual Needs
In managing menstruation,
some of the problems that often occur include knowledge of female prisoners of
reproductive age and correctional officers who are still limited regarding the
management of menstrual hygiene. Availability of sanitary napkins is important
for female convicts who are menstruating so that convicts are not disturbed by
their daily activities, and also the provision of sanitary napkins for convicts
is very necessary because the needs of female convicts are different from male
convicts in terms of menstruation occurring every month. And also the
importance of the availability of sanitary napkins so that female convicts
avoid diseases that can endanger their health.
Right to the Needs of
Pregnancy and Childbirth Every pregnant woman gets ANC services according to
standards. ANC services according to standards are services provided to
pregnant women at least 4 times during pregnancy with a schedule once in the
first, second and third trimesters carried out by a doctor or midwife.
examinations in ANC cover various types of examinations including assessing the
general condition (physical) and psychology of pregnant female prisoners.
Pregnant inmates are
placed in a special room for mothers and children. However, the provision of
additional food for convicts who are pregnant is the same as food for convicts
who are not pregnant. So there is no difference in certain types of food for
convicts who are pregnant, there are only additional servings for convicts who
are pregnant. Regarding the provision of other types of nutrition, it is also
not provided, and fruit is not provided specifically for pregnant women and
additional vitamins.
In Women's Correctional
Institutions, there are no doctors or other medical personnel available, this
makes health services for pregnant convicts ineffective during their pregnancy.
Prisoners who are pregnant at the Women's Penitentiary, in terms of the process
of giving birth to prisoners will be taken to the hospital to undergo labor and
also for the costs of childbirth and care for pregnant inmates at the hospital
wholly borne by the prison.
b) The Right To The Need Of Breastfeeding
The optimal way for female
convicts to provide nutrition, such as breastfeeding and babysitting, and with
the addition of complementary foods in the second half of the first year, their
nutritional, immunological and psychosocial needs can be fulfilled until the
second year and the following years. Governments and International
Organizations agree to promote breastfeeding as the best method of providing
infant nutrition.
Whereas convicts who are
breastfeeding get a separate room from inmates who are not pregnant, inmates
who are breastfeeding are placed in a special room for mothers and children.
However, the provision of additional food for convicts who are pregnant is the
same as food for other convicts. So there is no difference in certain types of
food for inmates who are breastfeeding. Regarding the provision of other types
of nutrition, it is also not provided, and fruit is also not provided
specifically for women who are breastfeeding.
c) The Right To Fulfillment Of Biological Needs
Biological needs are also
an important element in fulfilling human rights, including for convicts. Rights
that are no less important are biological needs and can be obtained by every
convict seen in the availability of a special room for husband and wife to
fulfill biological rights. Fulfillment of these rights cannot be separated from
the rights of convicts, because every female convict and her husband need to
fulfill biological rights.
Right to Special Needs of
Children of Female Convicts Article 20 paragraph (3) PP No. 32 of 1999 states
that "Children of female convicts who are brought to LAPAS or who are born
in LAPAS can be given additional food on the advice of a doctor, up to the age
of 2 (two) years at most. Paragraph (5) states "For the benefit of the
child's health, the Head of LAPAS can determine additional food other than what
is referred to in paragraph (3) based on the doctor's opinion. Convicts who are
pregnant, breastfeeding and carrying children are not subject to sanctions for
violations because there are already existing regulations. The right to bring
children is an important right for convicts who have children, therefore the
right to bring children to the Penitentiary is permitted as seen from the
provisions in Government Regulation No. 32 of 1999.
If the writer constructs it with the theory of
legal protection, then Satjipto Rahardjo says that law is present in society to
integrate and coordinate interests that can collide with one another. The coordination of these
interests is carried out by limiting and protecting these interests. The law
protects a person's interests by giving him the power to act in fulfilling his
interests.
The granting of power, or
what is often referred to as this right,
measured in terms of breadth and depth (Aulia, 2018). Philipus M. Hadjon argues that the principle of legal
protection for the people against government actions rests on and originates
from the concept of recognition and protection of human rights because
historically in the West, the birth of concepts regarding the recognition and
protection of human rights was directed on restrictions and placing obligations
on society and government (Hadjon, 1987).
Legal protection for every
Indonesian citizen without exception can be found in the 1945 Constitution of
the Republic of Indonesia (1945 Constitution of the Republic of Indonesia), for
that every product produced by the legislature must always be able to
provide guarantees of legal protection for all people, and must even be able to
capture legal and justice aspirations that develop in society. This can be seen
from the provisions governing the existence of equal legal standing for every
citizen.
Various regulatory
provisions that contain protection. The law against women is one of the
indications that there has been protection for differences in treatment of
someone on the basis of differences in sex. With these provisions, it means
that women are specifically guaranteed the protection of their rights to sex various
things. Likewise, the position of a woman as an inmate in a Women's
Correctional Institution has rights that must be protected and protected.
Rights between male prisoners, female
prisoners, and child prisoners must be prioritized.
Obstacles Faced by
Correctional Institutions in the Development Process of Women Prisoners
In terms of fulfilling the
special rights of female convicts in the Women's Penitentiary there are many
factors, both technical and non-technical. From a technical point of view, this
factor is influenced by facilities and infrastructure as well as the budget so
that the fulfillment of the special rights of female convicts cannot be
fulfilled optimally. The fulfillment of the special rights of female convicts
is a right that must be received by every convict. However, in reality the
fulfillment of the special rights of female convicts has not been fulfilled in
terms of human rights due to several factors, both internal and external
factors. The factors in question are:
1) Absence of Specific Regulations
Legislation is very much needed as a guide in
carrying out the fulfillment of the special rights of female convicts, the
absence of specific rules governing the special rights of female convicts
causes the fulfillment of the special rights of female convicts to be unable to
be fulfilled. In the laws and regulations regarding the rights of female
convicts, it is only stated regarding additional food.
Lack of support from the
center is needed in carrying out coaching programs in women's correctional
institutions. Support from the center is very influential for the functioning
of the correctional system based on the LAPAS Standard Operating Procedures
(SOP). As a result of the lack of support from the center, it does not support
the facilities and infrastructure needed in the penitentiary.
2) Lack of Operational Budget
Regarding the budget, the Women's Penitentiary
also experiences budgetary constraints, so that the special needs of convicts
who are pregnant and breastfeeding cannot be met, and also due to a lack of
budget there is no special room for biological needs. As well as play
facilities for children are also not fulfilled because there is no budget to
fulfill the special rights of female convicts.
Human Rights Review of the
Implementation of the Fulfillment of the Special Rights of Women Prisoners in
Women's Correctional Institutions. Based on Article 72 of the Republic of
Indonesia Law Number 39 of 1999 concerning Human Rights, it states that one of
the steps taken by the government in terms of protecting human rights is
through effective implementation. Implementation means that the convict has
been processed in accordance with the applicable procedural law so that none of
his rights have been violated. In terms of the right to worship, it is also
regulated in Article 22 of Law Number 39 of 1999 concerning Human Rights, which
states that paragraph (1) everyone is free to embrace their own religion and to
worship. According to their religion and beliefs. Paragraph (2) the
state guarantees the freedom of everyone to embrace their own religion and to
worship according to their religion and beliefs. Regarding the right to
spiritual and physical care, it is regulated in article 41 of Law Number 39 of
1999 concerning Human Rights, it is stated that every citizen has the right to
the social security needed for a decent life and for his complete personal
development.
Regarding the right to education and teaching,
it is regulated in article 12 of Law Number 39 of 1999 concerning Human Rights,
it is stated that every person has the right to develop himself through
fulfilling his basic needs, has the right to receive education and benefits
from science and technology, arts and culture, for the sake of improve the
quality of life and for the welfare of mankind. Regarding the special rights
for female convicts regarding menstruation, pregnancy, childbirth,
breastfeeding and biological needs there is no further explanation contained in
Government Regulation No. 32 of 1999.
Law No. 39 of 1999 Article
49 paragraph (3) concerning human rights which states that special rights
attached to women due to their reproductive function are guaranteed and
protected by law. As for the review of human rights regarding the fulfillment
of rights in general such as the right to receive spiritual and physical care
related to regulations that are in line with human rights, it can be seen from
these regulations that regulate in detail regarding physical and spiritual
care. Likewise, the fulfillment of the right to worship, the right to education
and teaching, and the right to obtain proper food and health services in laws
and regulations have been regulated clearly and in accordance with human
rights.
It is not an easy thing to provide guidance to
prisoners. This is due to the different characteristics of each female convict.
Factors such as the level of crimes committed, the level of education and the
different life backgrounds of female convicts have created quite serious
challenges in providing guidance to them. All of these will greatly affect the
course of the coaching process, the relationship between fellow prisoners and
the relationship between prisoners and prison staff.
The different characteristics possessed by each
prisoner will greatly affect the relationship between the prisoners themselves.
These differences usually cause communication between inmates to not go well.
Even if this causes a fight it will be very detrimental to the convict
concerned
CONCLUSION
The fulfillment of the special rights of female convicts in the Class
II B Penitentiary of North Maluku Province is explicitly regulated in Article
14 paragraph (1) in conjunction with Article 9 of Law Number 22 of 2022
concerning Corrections which explicitly states that convicts have the right to
worship according to their religion or their beliefs, receive spiritual and
physical care, receive education and teaching, receive proper health and food
services, submit complaints, receive reading material and participate in other
mass media broadcasts that are not prohibited, receive wages or premiums for
work performed, receive family visits , legal advisers, or certain other
people, get a reduced sentence, get the opportunity to assimilate including
leave to visit family, get parole, and get time off before being released.
Constraints faced by correctional institutions in the process of
fostering female convicts encountered in fulfilling the special rights of
female convicts are lacking
attention from the government. That is, the
government did not create a special official law to fulfill the special rights
of female convicts. The government only regulates the fulfillment of human
rights in general, arrangements for the fulfillment of the rights of female and
male convicts are equalized in the same law. Another obstacle is the lack of
funds for the fulfillment of human rights itself, as well as the inadequate
facilities and infrastructure that support the implementation of the
fulfillment of the special rights of women convicts themselves. In addition,
the lack of professionalism in performance and the number of human resources is
an obstacle that causes a lack of fulfillment of the special rights of female
convicts in Correctional Institutions. The effort that can be made is that the
government should issue laws or official regulations to fulfill the special
rights of women themselves.
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Fulfillment of
Women Prisoners' Rights (Case Study of Class II B Penitentiary in North Maluku)