Correctional Institutions Research Articles

On Significant Violations of the Law that Influenced the Outcome of the Case

The paper examines debatable issues of content when considering in cassation proceedings caused by incorrect application of significant violations of the criminal law and significant violations of the criminal procedural law that influenced the outcome of the case. The types of violations of criminal and criminal procedural laws that are recognized by the courts as significant and influencing the outcome of the criminal case are shown. It is substantiated that the grounds established in the law for the court of cassation for canceling and changing a sentence that has entered into legal force do not contain any uncertainty and are interpreted uniformly by courts of general jurisdiction. Identifying significant violations of the criminal and criminal procedural law that influenced the outcome of the case, the cassation court is obliged to check if lower courts comply with the requirements of the criminal procedural law on establishing the factual circumstances of the criminal case, the requirements of the procedural form, the correct application of the criminal law when qualifying the actions of the defendant, the requirements of the criminal the law on the fairness of the imposed punishment, the correctness of resolving issues of compensation for damage caused by a crime, the correctness of determining the type and amount of punishment, the type and regime of a correctional institution, fulfillment of the requirements for a court decision, etc. It is concluded that checking the legality of a sentence or other court decision involves checking its validity, motivation and fairness, without which it is impossible to determine the correct application of criminal and criminal procedural law by the courts.

Гуманное воспитание как основа исправления: о съездах по проблеме детских правонарушений в Российской империи (вторая половина XIX – начало XX века)

By analysing historical sources, the study aims to shed light on the role of congresses of Russian correctional institutions’ representatives in the formation of humane education as the basis for the correction of juvenile offenders in Russian penal colonies in the second half of the 19th and the early 20th century. The paper analyzes the problem of juvenile delinquency in pre-revolutionary Russia, which is relevant to the history of pedagogy. The study is novel in that it is the first to present a detailed analysis of the activities of congresses of Russian correctional institutions’ representatives held to discuss significant issues on the education and correction of juvenile offenders. The authors note that the relevant problems of educational and correctional institutions for juvenile offenders were covered at the congresses. Based on the analysis of materials from the Central State Historical Archive of St. Petersburg, the activities of the Second Congress, held in 1884, are presented in detail. It is important to emphasize that such events provided an opportunity to solve problematic issues, which had a positive impact on the pedagogical process, making it most effective and efficient. As a result of the study, it was found that the material presented in this paper is important for pedagogical science. This is explained by the possibility of extrapolating from the experience of correctional institutions of the past to the practice of modern educational colonies for juvenile offenders. Based on the ideas of Russian teachers of the second half of the 19th and the early 20th century, the authors emphasize the need to apply educational retro-technologies in penitentiary practice at the present time, referring primarily to humane education as the basis for correcting children who have broken the law.

Analysis of the Satisfaction of Narcotics Residents with Services at Nunukan Class IIB Correctional Facility

This research aims to examine the satisfaction level of narcotics prisoners regarding the services provided at the Class IIB Nunukan Penitentiary. The research employs a qualitative research method, utilizing interview and literature review techniques. The data analysis technique utilized is qualitative data analysis, involving data presentation, data verification, data reduction, and the re-presentation of the reduced data. The results of the study indicate that inmates at Class IIB Nunukan Penitentiary are pleased with the caregiving and medical services that meet the standards of Law No. 12 of 1995. However, the service delivery faces hindrances such as budget constraints, inadequate facilities, limited transportation, and insufficient staff. Additionally, surveys and interviews reveal issues related to the non-objectivity and lack of empathy from officers, as well as insufficient communication between officers and inmates. Keywords: Satisfaction, Service, Prisoners, Correctional Institutions

НЕПОВИНОВЕНИЕ ПРЕДСТАВИТЕЛЯМ АДМИНИСТРАЦИИ ИСПРАВИТЕЛЬНОГО УЧРЕЖДЕНИЯ: ПРАВОВАЯ ПРИРОДА И ОТГРАНИЧЕНИЕ ОТ ПРЕСТУПЛЕНИЙ

The article examines the legal category of “disobedience to representatives of the administration of a correctional institution.” Group disobedience in the form of strikes, refusal to eat, and acts of autoaggression is analyzed. The article reveals the legal nature and role of the organizer of mass protest actions in places of detention, the causal relationship between the actions of the organizers and the behavior of active participants in malicious violations of punishment. A distinction is made between crimes and disciplinary offenses in the form of organizing groups of convicts aimed at disobeying the administration of a correctional institution and participating in such groups. It is concluded that in any form of legal disobedience there should be no violence or threat of its use, otherwise the illegal behavior of a person can be qualified as disorganization of the activities of institutions that ensure isolation from society.

"Human Rights in Nigerian Correctional Institutions: The Place of Social Workers"

Issues on human rights especially in correctional institutions have become the focus of international programs, policy makers, the general populace, researchers and conferences aimed at ensuring effective monitoring of its abuses. Human rights protect the essential attributes of human beings: needs, capacities and interests that if guaranteed respect their dignity as persons and if violated results in lives of desperation and diminishment. This study examines human rights in Nigeria correctional institutions. It also identified the roles of social workers in challenging injustice and ensuring that the rights of offenders are upheld. Worried by the state of human rights in our correctional institutions, the paper attempts to investigate the inmates’ rights, human rights and correctional practices and seeks to proffer ways by which social workers can enhance human rights in correctional institutions. Secondary source of data collection was utilized in the study. Documents from international and national agencies as well as textbooks and journal articles were employed. Furthermore, the paper recommends creation of awareness on the services of social workers in enhancing human rights in correctional institutions.

Libraries on the Inside: A Study of Public Library Outreach to Correctional Institutions

In 1911, the American Library Association (ALA) formed its first committee on prison libraries. While this committee opened the door to important conversations on correctional libraries, the ALA did not actively become involved in correctional systems until 1944, when the Objectives and Standards for Libraries in Adult Prisons and Reformatories were approved (Austin, 2019). The real catalyst for creating nationwide libraries for the incarcerated came in 1971, when “Congress passed the Law Enforcement Administration Act, which funded prison law libraries and provided budgets for other reading materials” (Sullivan, 2000, p. 57). This led to what was coined the “golden age of prison libraries” in the 1970s. Since then, many studies and personal anecdotes have been published on librarians’ views of their role within a corrections facility. These vital conversations continue today as the ALA rewrites its guidelines for services to incarcerated individuals throughout 2023. The purpose of this study is to evaluate the websites of a sample of libraries across the U.S. to determine their relationships with local correctional facilities. This study will continue the work of a study published by the American Library Association in 1980 regarding services offered to correctional institutions across the country.

Passports, Prisons, and Every Space Between

In 2016 long-standing activism culminated in the implementation of Bill C-16, which added “gender and gender expression” to the protected classes of the Canadian Human Rights Act. Despite a commitment to consistency across federal policy, wide discrepancies occurred between the changes to the passport and those to the prison. On the one hand, Citizenship Canada announced that “people who do not identify as female (‘F’) or male (‘M’)” could change their passport sex to be an X. On the other hand, the Correctional Service of Canada (CSC) begrudgingly introduced Interim Policy Bulletin 584, which provides accommodation based “on gender identity or expression” within the binary system. Through a comparative analysis, this article queries the enactment of nonbinary recognition between two foundational sites of Canadian federal control: a site of mobility (the passport) and a site of immobility through mass incarceration (the prison). Arguing against expanding prisons or the creation of nonbinary correctional institutions, this article traces the racial geographies that X is both embedded within and enacts, exposing the violence that ushers forth new forms of trans citizenship reliant on anti-Blackness, captivity, and fungibility. Building from these case studies, this article mobilizes the state deployment of gendered expression and determination to nuance theories of gender self-determination. Specifically, this article considers how the theoretical application of the term may dissimulate distinctions in (in)violability, vulnerability, and capacity between and within Blackness and transness.

The Effect of Supportive Therapy in Reducing Anxiety in Juvenile Inmates in Class IIb Correctional Institutions, Purwakarta Regency, Indonesia

Anxiety is a mental health problem that is often experienced by teenagers, including juvenile inmates. Supportive therapy is one intervention that can be used to reduce anxiety in adolescents. This study aims to determine the effect of supportive therapy on reducing anxiety in juvenile inmates at the Class IIb Correctional Institution, Purwakarta Regency, Indonesia. This research uses a quasi-experimental design with a pretest-posttest control group design. The research sample consisted of 30 juvenile inmates who were divided into two groups, namely the intervention group (15 people) and the control group (15 people). The intervention group was given supportive therapy for 4 weeks, while the control group was given no intervention. The results of the study showed that there was a significant reduction in anxiety in the intervention group after being given supportive therapy. The average level of anxiety in the intervention group before the intervention was 2.67 (SD=0.488), while after the intervention, it was 1.53 (SD=0.516). This difference is statistically significant (p<0.001). Based on the results of this research, it can be concluded that supportive therapy can reduce anxiety in juvenile inmates. Supportive therapy can help juvenile inmates understand and address the causes of their anxiety, as well as increase their ability to use adaptive coping resources.

ИСТОРИКО-ПРАВОВЫЕ ТЕНДЕНЦИИ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА ДЕЗОРГАНИЗАЦИЮ ДЕЯТЕЛЬНОСТИ УЧРЕЖДЕНИЙ, ОБЕСПЕЧИВАЮЩИХ ИЗОЛЯЦИЮ ОСУЖДЕННЫХ (ЗАКЛЮЧЕННЫХ) ОТ ОБЩЕСТВА

In Russia, one of the most common punishments throughout the entire period of existence has been punishments related to imprisonment and isolation from society. In the process of executing these punishments, problems may arise in their implementation. The key problem in this area is the improvement of measures to counter actions that disrupt the activities of correctional institutions. For several decades, Soviet legislation has been changing the concept of criminal liability for actions related to the disorganization of correctional institutions. The article examines the historical and legal trends in the development of criminal liability for violent acts against convicts (prisoners) and staff of institutions providing isolation from society at different historical stages. The work is based on the analysis of scientific literature and legislative acts that establish measures of responsibility for actions related to the disorganization of correctional institutions. The aim of the work was to raise the problem of criminal liability for the disorganization of correctional institutions for scientific discussion.

Criminal Policy on The Formation of Prisoners in Prisons in Criminal Law Reform

The purpose of this study is to analyze: 1) What is the criminal policy on the current penal system in prisons?2) How is the implementation of inmate development in Kaimana Class III Correctional Institution, West Papua Province?3) What is the criminal policy on the formation of prisoners in prisons in an effort to reform criminal law?. The research method used is normative juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) Criminal policies related to the penal system in Indonesian prisons currently cover several aspects aimed at improving the criminal justice system, improving prisoner development, and creating a more humane environment within prisons.2) Implementation of inmate development in Kaimana Class III Correctional Institution West Papua Province: Education Program, Psychological Development and Mental Health, Social Reintegration Program, and Enhanced Security and Surveillance. 3) Criminal policy in efforts to reform criminal law related to the formation of prisoners in prisons aims to ensure that the punishment process is not only a punishment, but also provides opportunities for prisoners to be rehabilitated, fostered, and prepared to return to society better

Highlighting the State of Correctional Institutions in Indonesia After the Prisoner Assimilation Policy in The Covid-19 Pandemic

Purpose: The purpose of this research is to show the condition of correctional institutions in Indonesia after the Covid-19 outbreak, where at that time the government implemented an assimilation policy as a limitation on social distancing.
 
 Theoretical framework: The problem of criminal implementation in Indonesia has received ongoing attention. The implementation of punishment should be adjusted to correctional standards in accordance with correctional objectives which cannot be separated from the rights of prisoners which are difficult to achieve in conditions of overcapacity.
 
 Design/methodology/approach: This research is qualitative by drawing conclusions based on the orientation of data output from the Indonesian Directorate General of Corrections. Where the author will provide conclusions on the condition of correctional institutions after the 2020 assimilation policy, which has pros and cons in society, whether it will have a positive effect in the long term or not. If we refer to global correctional standards, the amount of capacity is the basis for assessing the achievement of correctional goals.
 
 Findings: Based on Permenkumham Number 32 of 2020 regarding assimilation as a policy to limit social distancing and protect the rights of prisoners during the COVID-19 pandemic, it has been shown that something that is considered a good answer to the overcapacity of prisons in almost all regional offices in Indonesia is in fact not providing significant change. Data from correctional institutions in all provincial regional offices in Indonesia shows that the total number of inmates in 2019 was 199,965 inmates, in 2020 there were 205,484 and in 2022 there were 225,877 inmates with a maximum capacity of 137,031.
 
 Research, Practical & Social implications: The problem of criminal implementation is in the spotlight due to overcapacity in almost all correctional institutions. It would be best for the government, in this case the Indonesian Ministry of Law and Human Rights, to look for alternatives to criminal enforcement in the future.
 
 Originality/value: The research results show that the condition of prisons after the Covid-19 pandemic has not shown any changes to date. The hope of assimilation as an answer to the problem of overcapacity is not in line with the large number of prisoners held in 33 provinces as regional offices implementing corrections.

Health Promotion Strategies in Correctional Institution to Achieve Sustainable Development Goals (SDGs’)

Background: Overcapacity in Correctional Institution (Lapas) is a prevailing issue faced by the Directorate General of Corrections (Ditjenpas). The current number of prisoners in correctional institution is nearly twice their ideal capacity, significantly impacting the health conditions of prisoners. Aims: To provide recommendations for health promotion strategies aimed at realizing healthy correctional institution in Indonesia, based on research conducted at Class IIA Kendal correctional institution. Method: This research is descriptive with a qualitative approach. Data collection methods comprised observation, interviews and documentation. Results: Achieving a healthy correctional institution requires a holistic approach through health promotion strategies encompassing several key aspects. Firstly, policy advocacy stands as the backbone in advocating for structural changes to improve healthcare access, adequate human resources and inclusive policies for prisoners. Furthermore, training prisoners and staff forms the foundation for improving healthcare services by providing necessary training, knowledge and support. Health education for prisoners serves as a long-term program to enhance their understanding of personal health and minimize disease risks. Lastly, enhancing personal hygiene behaviour is crucial in creating a clean environment, minimizing disease spread and supporting the overall health of both individuals and the correctional institution community. Conclusion: Realizing a healthy correctional institution through health promotion strategies is not solely a local effort but also a significant contribution towards achieving SDGs.

Correctional Institution Officers’ Stigma Towards Inmates with Mental Health Problems

Background: Despite inmates are one group that susceptible to have mental health problem, they may also experience double stigma from people surroundings because of those condition, including from their correctional institution officer. Aims: This study aims to know correctional institution officers’ stigma towards inmates with mental health problem. Methods: This is quantitative research with cross-sectional design. This research used secondary data from study about Correctional Institution Officers’ Perception towards Mental Health which conducted in June 2023 towards 1654 officers in Central Java. Data was collected by self-reported using questionnaire. The selected questions consist of independent variables including demographic factors, history of seminar/training about mental health, and previous contact with someone who has mental health problem, and also the dependent variable which was level of stigma measured with EMIC-CSS instruments. Data was analyzed with chi-square test. Results: About 1161 respondents meet inclusion criteria, with 62% correctional institution officer had high stigma towards inmates with mental health problem. Age (p=0,05), length of work in correctional institution (p=0,02), and previous contact with someone who has mental health problems (p=0,04) correlate with officers’ stigma towards inmates with mental health problem. Conclusion: High level of officers’ stigma towards inmates with mental health problem may hinder management of mental health problem in correctional institution environment. Literacy enhancement and contact equality are needed to increase mental health awareness and decrease stigma among correctional institution officers.

Determinants of Mental Health Literacy Among Correctional Officers

Background: Inmates are at higher risk of developing mental problems. Correctional officers have an important role in supporting inmate’s mental health. Correctional officers' insufficient understanding of mental health can contribute to adverse outcomes for mentally ill inmates in the criminal justice system. Aims: This study aimed to determine factors associated with correctional officers’s mental health literacy. Methods: This is quantitative research using a cross-sectional approach. This research used secondary data from a study about Correctional Officer’s Perceptions towards Mental Health, which was conducted in June 2023. The population was 1564 officers in Central Java. The independent variable was demographic factors, history of seminar/training about mental health, and previous contact with someone who has a mental health problem. The dependent variable was mental health literacy, measured with the Mental Health Knowledge Questionnaire (MHKQ). Data was analyzed bivariate with a chi-square test. Results: About 66% of correctional institution officers had low mental health literacy. The status as a healthcare worker (p=0.01), longer working duration (p=0.03), experience of attending mental health seminars (p=0.00), and contact with someone that has mental health problem (p=0.03) have a significant correlation with officer level of mental health literacy. Conclusion: Correctional officers often have limited mental health knowledge. Level of experience, job scope, contact experience with someone with a mental health problem, and mental health training positively impact their literacy. Increasing mental health education in correctional facilities is vital to enhance this, focusing on risk factors and care delivery.

PELAKSANAAN PEMBINAAN TERHADAP NARAPIDANA WANITA DI LEMBAGA PEMASYARAKATAN KELAS IIA BANGKINANG BERDASARKAN PERATURAN PEMERINTAH NOMOR 31 TAHUN 1999 TENTANG PEMBINAAN DAN PEMBIMBINGAN WARGA BINAAN PEMASYARAKATAN

A prisoner is someone who is considered guilty of his actions or deeds and has obtained a court deucision that has permanent legal force so that it can be said to have become a convict or convict, which will then serve his sentence in a detention room or also called a correctional institution. Penitentiary is an institution that aims to provide guidance to convicts, including female convicts. However, there are problems in coaching and mentoring for female convicts in class IIA Bangkinang penitentiary, that coaching and mentoring for female convicts in class IIA Bangkinang penitentiary has not been fully implemented, so this is not in accordance with Law Number 12 of 1995 concerning Corrections and Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Inmates. The formulation of the problem in this study is how to implement the guidance of female convicts in the Bangkinang class II A penitentiary, what are the obstacles in implementing the guidance of female convicts in the Bangkinang class IIA penitentiary, and how to resolve the implementation of coaching for female convicts in the Bangkinang prison. prison class IIA Bangkinang. This research is a sociological law research, because the type of data used is primary data obtained from informants by interviewing the class IIA Bangkinang prison and questionnaires from female convicts, then secondary data is obtained from library materials and regulations related to the thesis title. . The first result of the research is that the implementation of training for female convicts in class IIA Bangkinang penitentiary has not been fully implemented because the female convicts are only given self-reliance coaching, namely making fish meatballs, fish floss and sweet martabak, while for personality coaching only legal awareness coaching, namely counseling from the Office Kampar Narcotics Agency. The second is that in carrying out coaching for female convicts in the Class IIA Bangkinang penitentiary, there are several obstacles, namely limited female employees, an unstructured location specifically for female convicts, lack of facilities and infrastructure, and no special supervisor from outside the penitentiary.

О некоторых особенностях судебной практики судов общей юрисдикции по делам о присуждении компенсации за нарушение условий содержания под стражей, содержания в исправительном учреждении в 2022 году

The article analyzes the most common reasons for the claims of suspects, accused, convicted of violations of the conditions of their detention, detention in a correctional institution in 2022. The relevance of the research topic is determined by the fact that in recent years the number of appeals of suspects, accused, convicted to the courts for the protection of their rights, including violations of the conditions of their detention, detention in a correctional institution, has increased. Based on the results of the study, the article provides a number of generalizations that determine the reasons for the increase in the number of statements of claim of convicts on the conditions of their detention in correctional institutions.

Роль уголовной политики в деятельности уголовно-исполнительной системы

This article attempts a scientific and theoretical understanding of the modern criminal policy of the Russian Federation and its impact on the penal enforcement system, namely on the state of the regime (law and order) in institutions and bodies executing criminal penalties in the form of imprisonment. The analysis of the work on the prevention of penitentiary crimes forces penitentiary scientists to look for effective, scientifically based ways to counteract them. The humanization of criminal policy expressed in the application of criminal penalties not related to deprivation of liberty, for example, the imposition of punishment in the form of forced labor, has significantly reduced the quantitative index of persons held in correctional institutions, but, unfortunately, this has led to the concentration of particularly dangerous criminals in these institutions, which negatively affected the state of law and order in these institutions and This has led to an unprecedented increase in offenses in modern penitentiary history, committed by convicted persons serving a criminal sentence in the form of imprisonment. Thus, a comprehensive study of the relationship between criminal policy and penal enforcement policy will allow us to develop a number of effective measures aimed at achieving the goals pursued by criminal and penal enforcement law and significantly reduce the level of penitentiary crime.

Resocialization and Rehabilitation of Convicted Persons in the Republic of Kosovo

This research paper explores the critical issue of resocialization and rehabilitation of convicted individuals within the criminal justice system of the Republic of Kosovo. Crime is a phenomenon that threatens society according to external and internal negative factors. It affected the functioning of security, the social environment, and the economy in modern society for years. State institutions and civil and academic society must be engaged to have activities adequate for the resocialization, and re-education of persons convicted of criminal offenses. At the same time, preventive measures should be taken to avoid criminal behavior for which behavior then only unconditional measures should be taken, which is Prison. The paper proposes evidence-based recommendations for policymakers, correctional institutions, and community stakeholders. These recommendations aim to enhance existing strategies and foster a more inclusive and effective resocialization process for convicted persons in Kosovo.

MANAJEMEN PEMBINAAN PEMAHAMAN AGAMA ISLAM DI LEMBAGA NON KEPENDIDIKAN

To provide an understanding of the Islamic religion to someone, religious development management is needed as all activities carried out by a person in order to provide assistance to other people who experience spiritual difficulties in their living environment with the aim that the person is able to overcome it themselves because awareness or self-surrender arises. the power of God Almighty. This article looks at the management of Islamic religious development from various backgrounds in a person's environment in non-educational institutions, using qualitative descriptive research methods based on observations in the military, police, correctional institutions and public market schools. The results and conclusions from the discussion of this article are that Islamic religious formation is carried out well in various institutions by using existing facilities and infrastructure to support religious formation activities and by using certain media and methods, for example through vocational lectures or oral recitation, istigasah, yasinan, tahlilan, and commemoration of Islamic holidays

Public Services for Prisoners in Tondano Correctional Institution Class IIB

This research aimed to 1) To find out whether health services for Prisoners (Indonesian: Warga Binaan Pemasyarakatan or WBP) at Tondano Correctional Institution Class IIB have been met according to basic health care service standards; 2) To find out whether health services for Prisoners at Tondano Correctional Institution Class IIB have been met according to basic standards of infrastructure, and; 3) To find out whether health services for Prisoners at Tondano Correctional Institution Class IIB have been met according to basic human resource standards; The research method used is a qualitative research method with purposive sampling technique. The results of the research show that 1) Basic health care service standards in Tondano Correctional Institution Class IIB, which are described in 13 basic health care standard parameters, have in principle been attempted to be implemented, but the facts described show that not all of them meet the standards; 2) The basic standards of facilities and infrastructure to support the implementation of health services as previously described have not been met ideally in accordance with the supposed needs; 3) Fulfillment of basic human resource standards to support health services in Tondano Correctional Institution Class IIB cannot be achieved due to limited human resources.