scholarly journals Food Service for Convicts in Correctional Institutions According to Laws and Regulations and Islamic Sharia

2021 ◽  
Vol 21 (4) ◽  
pp. 435
Author(s):  
Ahyar Ahyar

The rights of convicts as Indonesian citizens who lost their independence due to criminal acts must be carried out in accordance with human rights. One of them is the right to obtain adequate food and beverage services that meet nutritional and health standards in accordance with the provisions of laws and regulations. In addition, Islamic sharia (law) also regulates the rights of convicts to get good and halal food and drink. This requirement is an order from the Al-Quran and Hadith. The problem of this research is how to organize food according to the provisions of laws and regulations and the provisions of Islamic law. This research used sociological research method. According to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials. The secondary legal materials in this research consist of books, scientific journals, papers and scientific articles that can provide explanations of the primary legal materials. The results of the research found that in practice it was still found in Correctional Institutions that the rights of convicts had not been given in accordance with their rights as citizens. This is caused by several factors, including the lack of understanding of the regulations regarding the rights of convicts contained in the Law and sharia law by correctional Institution officers or even by the convicts themselves. Correctional officers need to be given dissemination regarding their obligation to provide food for convicts in accordance with laws and regulations.

2021 ◽  
Vol 21 (1) ◽  
pp. 338
Author(s):  
Elvi Alfian A

Basically the right between female inmates and male inmates is the same, only in this case because the inmate is a woman then there are some rights that get special attention than male inmates. Female inmates are not only limited to their rights as inmates in general, but also have difficulty when facing the circumstances that become their nature as a woman. The purpose of this study was: a) To find out how the system of coaching female inmates who are pregnant in the Class II B Jambi Women's Correctional Institution; b) To find out what are the inhibition factors of coaching female inmates who are pregnant in the Women's Correctional Institution class II B Jambi and c) To find out what efforts can be made by correctional officers in overcoming the inhibition factor of coaching female inmates who are pregnant in the Women's Correctional Institution class II B Jambi. The research method is an empirical juridical approach. Empirical juridical approach in this study means that in analyzing the problem is done by combining legal materials (which are secondary data) with primary data obtained in the field that is about the development of pregnant female inmates in the Class II B Jambi Women's Society. In accordance with the theme, this research uses descriptive qualitative methods. The conclusion of this study is coaching of pregnant female inmates in The Class II B Jambi Women's Correctional Institution remains equated with the coaching of other female inmates in general, there are two coachings applied in the Class II B Jambi LPP, namely Personality Coaching and Self-Reliance Coaching. Pregnant female inmates get waivers from the LPP not to do heavy work such as room picket routines, gymnastics activities every Saturday, gotong royong or other activities that endanger the condition of the womb or mother. It can be said that the guidance provided by the LPP to pregnant female inmates in accordance with the author's current meticulous, for the fulfillment of his rights has not been fulfilled to the maximum due to the lack of funds.


2021 ◽  
Vol 4 (1) ◽  
pp. 16-38
Author(s):  
Nur Anissa ◽  
Arfin Hamid ◽  
Ratnawati Ratnawati

Islamic law does not determine the age of marriage for women, but only provides the conditions according to the Surah An-Nur Verse (6) and (32), Marriage may be carried out if it is old enough or fit for marriage or maturity". The Islamic Law Compilation (KHI) determines the age of marriage if it reaches the age of 16 years, this is subject to debate because national law determines the age of 16 years is the age of children or minors who still need education or physical and mental maturity. This study aims to analyze the paradigm of Islamic law on the age of marriage for women, the normative aspects of female marriage at an early age and the implementation of early marriage for women. This study uses a normative approach, namely examining existing problems normatively and factually using applicable laws and regulations and legal theories supported by literature data studies, research is carried out by examining library materials to obtain secondary data. The scholars agree that women can marry if they have adults with characteristics, namely: First, physically able (physically) marked by menstruation usually occurs at the age of 9 to 17 years. The second requirement is being able to be psychologically related to the education or way of thinking of a woman to deal with various conditions in marriage. The factor of a woman's maturity varies in each region because it is influenced by culture, women's physicality (reproduction), education and so on. In this era of globalization, with the factors mentioned above, it is ideal for women to marry when they are 21 years old.


Folia Medica ◽  
2016 ◽  
Vol 58 (4) ◽  
pp. 282-288
Author(s):  
Stanislava N. Harizanova ◽  
Nonka G. Mateva ◽  
Tanya Ch. Tarnovska

Abstract Background: Burnout syndrome is a phenomenon that seems to be studied globally in relation to all types of populations. The staff in the system of correctional institutions in Bulgaria, however, is oddly left out of this tendency. There is no standardized model in Bulgaria that can be used to detect possible susceptibility to professional burnout. The methods available at present only register the irreversible changes that have already set in the functioning of the individual. V. Boyko’s method for burnout assessment allows clinicians to use individual approach to patients and affords easy comparability of results with data from other psychodiagnostic instruments. Adaptation of the assessment instruments to fit the specificities of a study population (linguistic, ethno-cultural, etc.) is obligatory so that the instrument could be correctly used and yield valid results. Validation is one of the most frequently used technique to achieve this. Aim: The aim of the present study was to adapt and validate V. Boyko’s burnout inventory for diagnosing burnout and assessment of the severity of the burnout syndrome in correctional officers. Materials and methods: We conducted a pilot study with 50 officers working in the Plovdiv Regional Correction Facility by test-retest survey performed at an interval of 2 to 4 months. All participants completed the adapted questionnaire translated into Bulgarian voluntarily and anonymously. Statistical analysis was performed using SPSS v.17. Results: We found a mild-to-strong statistically significant correlation (P<0.01) across all subscales between the most frequently used questionnaire for assessing the burnout syndrome, the Maslach Burnout Inventory, and the tool we propose here. The high Cronbach’s α coefficient (α=0.94) and Spearman-Brown coefficient (rsb=0.86), and the low mean between-item correlation (r=0.30) demonstrated the instrument’s good reliability and validity. Conclusion: With the validation herein presented we offer a highly reliable Bulgarian variant of Boyko’s method for burnout assessment and research.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 314
Author(s):  
Ganda Aulia Wicaksana ◽  
Padmono Wibowo

The condition of correctional institutions in Indonesia which is currently over capacity or overcapacity as well as the geographical location of Indonesia which is surrounded by dozens of active volcanoes which are also in the zone or ring of fire area which makes the condition of the Indonesian state very dangerous and prone to disasters. However, there are still many lack of employee awareness regarding work accidents and a lack of Occupational Safety and Health signs in the correctional Technical Implementation Unit. So that it caused a lot of riots in the correctional institutions because of the disaster. The purpose of this study discusses the factors that cause accidents in prisons, the implementation of evacuation routes in prisons and a review of the implementation of evacuation routes in prisons. The method used in this research is descriptive method with a qualitative approach, the data sources obtained are field observations, interviews and literature studies. Data collection techniques are direct observation and interviews as primary data and literature studies and theory studies as secondary data. This research was conducted at the Class I Correctional Institution in Bandar Lampung. The results of this study are to be able to find out the factors that cause accidents in prisons, to find out the implementation of evacuation routes in prisons and to be able to evaluate the implementation of safety for natural disasters and other disasters based on the results of implementing the evacuation routes in prisons and the mechanisms for implementing evacuation routes. as the readiness of a correctional institution in dealing with, anticipating and preventing disasters. This study discusses the importance of fulfilling occupational safety and health signs in the form of evacuation routes to provide a sense of security and safety at work. This research also discusses the implementation of occupational safety and health signs as the fulfillment of the rights of prisoners. So that this research is expected to make people's views about prisoners not always negative and change people's views on the life of prisoners in prisons.


Author(s):  
Safriadi Safriadi ◽  
Ridwan Nurdin

Abstract; trafficking of narcotics in Indonesia has penetrated into various living environments such as the work environment. One of them is a Penitentiary. For example, Warden in Jambi Class II A Penitentiary and in Sekayu Penitentiary as well as in several other Correctional Institutions have circulated and smuggled narcotics into Correctional Institutions which causes regulations of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 Regarding Penitentiary Employee Code of Ethics is not implemented to the maximum. The research question in this thesis is what is the legal responsibility for the warden who conducts narcotics distribution, what are the factors causing narcotics circulation by the warden and how is the view of Islamic criminal law towards the warden who circulates narcotics in prison. In this study the authors used a normative juridical research method that is based on legislation and relevant books. Form of legal liability for Warden who circulates narcotics in LP according to public view as a full responsibility including medeplager (participating) category, according to Law Number 35 of 2009 concerning Narcotics forms of responsibility in the form of criminal threats (death sentence, life sentence, imprisonment) and fines. According to the Regulation of the Minister of Law and Human Rights Number M. HH.16. KP. 05. 02 of 2011 concerning the Penitentiary Employee Code of Ethics is subject to administrative sanctions (terminated) if there is a decision of gingkah. Factors causing the Warden to circulate narcotics in Corrections Institutions are economic factors, the low mentality of the Warden involved, oversight in prison is weak, the number of narcotics addicts who are only in prison without rehabilitation. According to the Islamic Criminal Law the Warden who circulates narcotics in a Penal Institution is liable to a sanction in the form of rahmah ta'īr (bodily punishment, independence, and a fine).Keywords: criminal liability, Islamic law, narcotics, warden, correctional institution


2019 ◽  
Vol 1 (4) ◽  
pp. 414-425
Author(s):  
Ernawati M.H

Legal protection against Correctional Officers in carrying out security duties is based on Law No. 12 of 1995 concerning Correctional Services. Given the risks posed by security duties at Correctional Institutions, the Security Officers need to be given legal protection so that the aims and objectives of implementing security tasks can be achieved. which in turn the correctional goals themselves can be realized. With such a background, there are two main problems in implementing legal protection against correctional officers, namely: First What is the legal protection of Correctional Officers in the implementation of security duties at the Padang Class IIA Correctional Institution? Second What are the Constraints of Constraints encountered in the Implementation of Legal Protection for Correctional Officers in the Implementation of the Duty of Security at the Padang Class IIA Correctional Institution? The implementation of legal protection in terms of answering the existing problems, which is seen in the implementation in Padang Class IIA Lapas can be understood that the legal protection of correctional officers in Lapas Klas IIA Padang is carried out based on legal provisions regarding correctional facilities. In this case Padang Class IIA Lapas provides legal protection to correctional officers in carrying out security duties carried out in accordance with applicable legal rules concerning correctional duties and legal rules regarding security itself. The rule of implementative law regarding correcting about safeguards refers to legal rules regarding correctional codes of ethics and legal rules concerning the security of prisons regulated in Permenkumham Number M.HH-16.KP.05.02 of 2011 concerning the Code of Conduct for Correctional Staff and Permenkumham No. 33 of 2015 concerning Security at Penitentiary Institutions and State Detention Houses. The implementation of legal protection against correctional officers in carrying out security duties is carried out based on these legal rules, so that legal protection for correctional officers can be provided in the event that correctional officers carry out security duties based on applicable legal rules.


2020 ◽  
Vol 3 (4) ◽  
pp. 413
Author(s):  
Rahwan Rahwan

Money politics is a political disease that is increasingly prevalent today. Money politics is a part of the bribery offense. In general, the criminal act of bribery is considered a violation in the world of politics, thus requiring money politics to also be considered a violation. In absolute terms, state laws and regulations explicitly prohibit this action, but this practice is rampant nonetheless. In Sharia law there is often discussion about risywah which is in the form of the millennial period which is reflected in the money political mechanism. However, Jurisprudence scholars in general still disagree over the law of certainty risywah. The editor of the Prophet's Hadith said that Rasulullah Saw. cursing the perpetrator and the recipient of the bribe. However, various interpretations of the scholars have resulted in an imbalance between positive legal regulations and Islamic law. By combining two legal decisions through the study of Ushūl Fikih with Saddu ad-Dzāriah's approach. This study will discuss legal decisions regarding risywah from a different perspective and prove that there is no imbalance between the two.


2018 ◽  
Vol 1 (1) ◽  
pp. 177
Author(s):  
Sri Endah Wahyuningsih ◽  
Muchamad Iksan

Indonesian Criminal Code that comes from Dutch heritage has to be reconstructed, because it is not in accordance with the state of Indonesia which is now already independent. One of the important principles in the Criminal Code that needs to be reconstructed is the retroactive principle contained in Article 1 paragraph (2) of the Criminal Code. The law can be retroactive as long as it benefits the defendant, not until the convicted person. The purpose of this research is to evaluate retroactive principle in Criminal Code seen from perspective value of religious wisdom, and ideal reconstruction of retroactive principle in next Criminal Code in accordance with perspective value of religious wisdom. Approach method in this research was done with normative juridical, the data used were secondary data by doing the extracting data bibliography, and data analysis were done by using qualitative descriptive method. Based on the values of religious wisdom, especially from the perspective of Islamic law in the case of any change of laws and regulations, in principle, non-retroactive principle (non-retroactive) is applied, but in certain cases the principle can be disregarded in accordance with the principles of "dlarar" and " maslahat ". The ideal reconstruction of the retroactive principle in the case of a change of laws and regulations after an act has occurred, new laws and regulations shall be applied in accordance with prevailing laws and regulations in favor of the producer and to the benefit of the public for certain offenses determined by Constitution.


2018 ◽  
Vol 1 (3) ◽  
pp. 621
Author(s):  
Agus Yuliana Indra

To implement the penal system for prisoners needed community participation both during development and acceptance of returned prisoners who have completed their criminal past. Commitments on at least can be a positive contribution to the process of coaching inmates who in turn can minimize the repetition of criminal acts. Connecting to the problems above who want revealed in this research is how development patterns inmates at Correctional Institution IIB of Majalengka classes and how the influence of development patterns against the repetition of crime (Recidive). The research is qualitative research in the form of descriptive analysis using sociological juridical approach. Types and sources of data used are primary data and secondary data. Data collected through the study of literature and interviews, while the juridical analysis using qualitative analysis. From the research we concluded that the pattern of development in the Penitentiary correctional IIB of Majalengka class represents the continuum of criminal law enforcement practice can not be separated from the development of general conception of the criminal prosecution. While the influence of development patterns prisoners against the repetition of criminal offenses (recidivism) on Prison Class IIB of Majalengka is still a lack of mental development also coaching skills to inmates that resulted in former inmates do not have the mental well and the skills needed to live her life outside of Prison Class IIB of Majalengka so the prisoner repeated his evil deeds.Keywords: Pattern Development, Prisoners, Recidive.


2019 ◽  
Vol 4 (1) ◽  
pp. 41
Author(s):  
JT Pareke

Abstract: The results of the study done in the Correctional Institution conducted by the Center of the Study and Development of Kemenkumham Policy for 3 months (4 May-6 August 2009) in 6 Provinces throughout Indonesia, found that the deviation of prisoners' sexual behavior varies greatly from object to object. The study was conducted to 326 prisoners, 108 respondents consisting of Head of Prison, Head of Coaching, Head of Security and discipline, head of coaching and education, and Guardian Prisoners, and 22 people including prisoners' families showed the results: 81 percent or 264 prisoners said they felt uncomfortable when their biological needs are not fulfilled. There are 78 percent or 244 prisoners often fantasize sex, 171 prisoners or 57 percent masturbate and 52 percent or 169 prisoners conduct deviant sexual activities. The above problems show a very different situation from the good and ideals objectives initiated by Sahardjo since the beginning of the establishment of Correctional institution as an institution of guidance, ethics and honor. The two cases above have shown enough that sexual deviations that occur in prisons are in a very alarming stage. Given that the main correctional function is as a process of fostering prisoners when reintegrating with social societies The research method uses doctrinal research methods, which are preliminary studies using a literary approach, in the form of secondary data consisting of primary, secondary and tertiary legal materials. The author finds facts of sexual deviation and the concept of sexual rights in a Human Right perspective, the author argues that reformulation of the provision of romance as an effort to fulfill the sexual needs of prisoners 'rights, the state must fulfill and protect it in the context of prisoners' protection. Reformulation in question without the need to change Law No. 12 year 1999 as the basis of the arrangement, because if the choice is taken as we can understand together that normatively legal politics requires a long time and process. Reformulation of the provision of romance spaces in correctional institutions can use the choice of legal products of Government Regulation as stated in Article 14 verse (2) of Law No. 12 year 1995.Keywords: Romance Room, Sexual Rights Needs, Prisoners.


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