Rights Of Inmates Research Articles

IMPLEMENTASI BIMBINGAN KEAGAMAAN BAGI NARAPIDANA BERAGAMA ALIRAN KEPERCAYAAN TRIDHARMA

The observance of religious practices for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Law No. 6 of 2013 has not been properly implemented, as the facilities for religious practices of other faiths are not equal to those already existing. The purpose of this research is to analyze the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City based on Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates, and to analyze the obstacles and efforts to overcome these obstacles in the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City. The method used is sociological legal research. Based on the research results, it is known that the implementation of religious guidance for inmates adhering to the Tridharma faith in Bagansiapiapi City has not been fully realized, as some inmates have not fully received the necessary religious guidance. This results in some inmates not receiving the spiritual support they need. Government Regulation Number 32 of 1999 on terms and procedures for the implementation of the rights of correctional inmates emphasizes the importance of fulfilling the rights of inmates, including the right to receive religious guidance.

Institution Building to Discharging Inmates Educational Rights on School Dropout Communities in Class IIB Penitentiary Institutions of Payakumbuh

This research examines the implementation of the institutional building to discharge the educational rights of inmates who have dropped out of school at the Class IIB penitentiary in Payakumbuh. Using a qualitative approach, this research highlights the portrayal of leadership, packaged education programs, the involvement of the Education Department, and the obstacles confronted in efforts to answer the right to education. The research results demonstrate that the A, B, and C equality education programs have been implemented since March 2021, despite experiencing obstacles due to the COVID-19 pandemic. Proactive leadership, collaboration with related agencies, and limited yet optimal facilities and infrastructure are key factors in institutional building. Although there is a decline in the participation of inmates in educational programs, this can be overcome through more effective outreach about the importance of education. In conclusion, institutional development plays an important role in bridging the fulfillment of the educational rights of inmates who have dropped out of school.

Ideal Model of Policy Providing Remissions to Corruption Prisoners in Indonesia: Comparative Study between Indonesia and the Netherlands

The main objective of this research is to examine the ideal model of remission policy for corruption convicts in correctional institutions in terms of fulfilling the rights of inmates, in order to analyze the policy revision arrangements for reducing the sentences of corruption convicts in the statutory regulations and look for an ideal model that can be applied to optimize the implementation of granting remissions to prisoners involved in corruption cases in correctional institutions. This thesis research uses a juridical-normative method. The data collection process was carried out using observation techniques, in-depth interviews and documentation studies. In analyzing the data, researchers used qualitative analysis techniques with steps for data exposure and data reduction. This research's conclusions were drawn using varied extrapolation based on the reliability of the research findings. Meanwhile, data validity guarantee techniques are carried out using credibility, transferability and confirmability. The results of this research illustrate that the birth of Law Number 22 of 2022 concerning Corrections is a series of criminal law enforcement units, therefore its implementation cannot be separated from the development of general conceptions regarding punishment. Prisoners are not only objects, but also legal subjects who are no different from other humans, who at any time can make mistakes or mistakes that can be punished. Punishment is an effort to make prisoners aware of regretting their actions, and returning them to be good citizens, obeying the law, upholding moral, social and religious values, so as to achieve a safe, orderly and peaceful society.

A Federal Inmate’s Right to Stay Home

Since the start of the COVID–19 pandemic, the Federal Bureau of Prisons (“BOP”) has, for the first time in history, placed tens of thousands of inmates onto home confinement. Likely due to the unprecedented nature and rapid release of inmates to contain the virus, the BOP failed to timely update their policies and procedures surrounding the disciplinary system of inmates on home confinement. This failure to update resulted in the BOP removing inmates from home confinement and placing them back in prison for minor violations. Furthermore, when the BOP chose to remove an inmate from home confinement, it did so without any proceeding, hearing, or even an explanation. The lack of due process occurred because the BOP continued to use its Inmate Discipline Program Statement—procedures for addressing infractions in prison—as a model for remanding inmates on home confinement back to prison. Instead, the BOP should be following the two-step due process procedures the Supreme Court has outlined for those inmates on parole—a program that is nearly indistinguishable from home confinement. Inmates on home confinement are entitled to the constitutional protections of this two-step process because they have a liberty interest in remaining on home confinement. To ensure the BOP protects the due process rights of inmates on home confinement, this Comment proposes a change in the BOP’s disciplinary system. This Comment first proposes that the BOP promulgate the Morrissey procedural due process rights for inmates on home confinement into the Code of Federal Regulations. This Comment secondly proposes that the BOP revises its Inmate Discipline Program Statement to reflect the prohibited acts and available sanctions that uniquely apply to inmates on home confinement. Collectively, this new regulatory scheme will afford inmates on home confinement the constitutional protections guaranteed to them by the Fifth Amendment, and it will provide clarity to courts when determining the constitutionality of remanding inmates to prison.

Pelayanan Jam Kunjungan Warga Binaan Di LembagaPemasyarakatan Terbuka Kelas IIB Nusakambangan

This research aims to determine the visiting hours service for inmates atthe Class IIB Nusakambangan Open Penitentiary and to find out theobstacles faced in the visiting hours service for Inmates at the Class IIBNusakambangan Open Penitentiary. The approach method used in thisresearch is a normative juridical research method and the analysis in thisresearch uses a qualitative analysis method. The results of the research atthe Class IIB Nusakambangan Open Penitentiary, namely that visitinghours services for inmates at the Class IIB Nusakambangan OpenPenitentiary were carried out in accordance with the rules stipulated inthe Operational Standards, Service Standards and GovernmentRegulation No. 99 of 2012 concerning Requirements and Procedures forthe Implementation of the Rights of Inmates in Prisons with theimplementation of visiting schedules, guarantees provided and servicesfrom other visiting hours and obstacles faced in serving visiting hours forinmates at the Class IIB Nusakambangan Open Penitentiary, namelylimited crossings for to the Nusakambangan Open Prison location in thespecial Nusakambangan Island Correctional Area and strict procedures,namely administration regarding the Village Head's certificate. However,despite the obstacles, the Class IIB Nusakambangan Open Penitentiary isworking as a solution, namely providing relief for the Village Head'scertificate to be followed up on the next visit provided that the visitor stillhas one Family Card and continues to provide the best service byproviding video call services so that the WBP can still communicate withtheir families.

Treatment of women's prisons in Maranhão

Considering the growing relevance of the female prison scenario in Brazil, this research aims to analyze the treatment of female detainees in the country's penitentiaries, in order to assess its impact on social reintegration and the guarantee of human rights. The significant increase in the female prison population and the need to understand and improve detention conditions motivate the research, which seeks to answer: How are women treated in Brazilian prisons and how does this influence their social reintegration and respect for human rights? The research will use a bibliographic and documentary review, analyzing academic materials, relevant case law and national legal frameworks. Consultation of various databases, such as BDTD, Google Scholar and FGV's virtual library, will contribute to achieving the proposed objectives. Thus, the general objective of the research is to analyze the treatment of inmates in Brazilian women's prisons, assessing its repercussions on social reintegration and the guarantee of human rights. It concludes that social reintegration, conceived as a comprehensive process that transcends mere physical freedom, is faced with obstacles ranging from poor prison conditions to the lack of effective resocialization programs. The lack of educational and work opportunities, combined with social stigmas, intensify the challenges faced by inmates when trying to reintegrate into society. The guarantee of human rights, a fundamental and inalienable principle, is often compromised in women's prisons. The research highlighted the urgent need for public policies that ensure the dignity, integrity and basic rights of inmates, promoting conditions conducive to true resocialization.

A Comparative Analysis Of Prisoner’s Disenfranchisement In India And International Jurisdictions: A Critical Study

The fundamental pillar of a flourishing democracy is commonly recognized by way of the right to vote. It is a system by which individuals select representatives to advocate for their best interests. In this study, the authors examine the current global legal provisions of prisoners' voting rights within the framework of India. Suffrage was one of the major political issues that drove a revolt. Through laws, numerous Countries worldwide, such as the USA, UK, and India, have restricted the voting rights of inmates and former felons to varying degrees. Many of these Countries are among the largest democracies globally. The right to vote is a powerful symbol of societal inclusion, with its denial of the right to vote often being criticized. The importance of suffrage forms the basis of an individual's dignity towards their Country. There is an ongoing necessity to study and comprehend disenfranchisement concerning rehabilitative approaches to punishment, as the formerly leading "retributive theory" has failed to demonstrate its relevance in the modern era. A Comprehensive understanding of the concept of disenfranchisement is required, as there is no established principle governing the limitations of universal suffrage due to criminal charges. In light of international human rights jurisprudence, the authors aim to investigate the evolving dynamics of disenfranchisement.

The Issue of Violence against Transgender People in Prisons

This article analyses the issue of violence against transgender individuals in prisons, focusing on legislative regulation in various countries. According to the study, transgender people are more likely to commit crimes as a result of systemic discrimination, but they are also more likely to face violent attacks once inside prison. It could be argued that international legal instruments aimed at ensuring transgender rights in prisons are not effective, and they regulate the rights of prisoners in a more general manner. Positive examples of legal regulation regarding the protection of transgender rights in various countries can also be viewed as best practices. This study suggests that legal reforms are required in transgender inmate rights policies to prevent incidents of violence.

Efforts of Class IIA Pekanbaru Women’s Penitentiary in Fulfilling the Rights of Inmates to Interact with Family in the Covid-19 Pandemic

Most of the female prisoners in Pekanbaru Class IIA Women’s Penitentiary have children and families, but while having their sentences, they can’t interact with their children or families as usual. Most of them are mothers. Mothers play an important role in children’s development. The method used in this research is a qualitative method to analyze about how is the efforts of Pekanbaru woman’s penitentiary in optimizing the provision of inmates’ rights by interacting with family during covid-19 pandemic. The results of this study are the efforts of Pekanbaru Class IIA Women’s Penitentiary on granting women’s right is not optimal, which is it is the same as in ordinary penitentiary. There is no special treatment for women in penitentiary even though the interaction with their families, especially their children is very important, considering the children will still need a mother figure. The conclusion of this research is women in penitentiary have a minimum interaction with their families, especially children, and it has the potential to cause children to commit deviate behavior. Based on social bond theory, there are four elements that influence children’s behavior, if any of these elements are not fulfilled then the children will deviate. The children will tend to have no attachment to their parents, especially mothers while the mother is in a penitentiary or prison, and it will cause children to commit delinquency

Human Rights of Inmates in E.U. Member States: United in Diversity and Discipline

International politics nowadays unavoidably speak in terms of the expansion, defense, and institutionalization of human rights. This raises the issue of universalism in its cultural, philosophical, moral, and legal manifestations in light of the current human rights discussion. Moreover, the disciplinary power within the state is now the subject of a disciplinary mechanism in a broader context of international surveillance of human rights protection. The watcher has become watched and we can only ask ourselves: who holds the power within a state in today’s world?

PANDEMIA W INSTYTUCJI TOTALNEJ NA PRZYKŁADZIE KRAJOWEGO OŚRODKA ZAPOBIEGANIA ZACHOWANIOM DYSSOCJALNYM W GOSTYNINIE

The concept of a total institution was formulated by Erving Goffman in the early 1960s. The author defined it as a place of isolation from the society, whose bureaucratic and formalized structure distracts – with the support of the employed staff – the inmates from the society. The sociologist included into the group of total institutions psychiatric hospitals, prisons, nursing homes, as well as concentration camps, which met with criticism. He also noticed that the stay in the institution itself may generate inappropriate behaviour of the inmates, resulting from their detention. The concept, despite its shortcomings, remains valid until this day. In the 21st century there exist organizations that may be described as total institutions. An example is the National Centre for the Prevention of the Antisocial Behaviour in Gostynin, Poland, where people who pose a threat to the society are placed. The author of the article identifies the features that prove the totality of the aforementioned National Centre. He analyzes how certain legal deficiencies and bad practices in applying the law affect the disregard for the constitutional freedoms and rights of inmates and describes the difficulties in the functioning of this facility, which are also important from the perspective of the employees. He suggests solutions that could improve the functioning of the Centre and restore the minimum conditions for conducting the therapy.

영국의 가석방절차 및 피해자 참여권 보장의 시사점

The characteristic of the UK Parole Board procedure is that it strongly guarantees the rights and participation of victims. Accordingly, the victim makes a statement on the impact of the crime during the parole process, and asks for conditions such as prohibition of access to parole. In proceeding with such procedures, various types of support are also received, including the help of the victim's applicant. Furthermore, since the victim is not a party to parole, he/she cannot directly request a retrial of the decision, but if there is a certain reason, he/she may object to the decision to release the parole. In addition, a closed parole review may be observed, and in certain cases, a public parole review may be requested. Meanwhile, in the UK parole process, inmates can actively state their opinions during oral hearings, receive legal support from lawyers, and request a retrial of the decision to refuse parole. As such, the UK's parole procedure has changed in the direction of protecting the rights of inmates and ensuring fairness and transparency of the parole screening procedure. The Parole Board in the United Kingdom is an independent non-governmental public enforcement agency that plays a government role and cannot be seen as a judicial institution, but it can be seen as a court-like institution that performs corresponding procedures. Therefore, through the characteristics of the procedure guarantee for inmates and victims in the UK's parole procedure, the results and implications of supplementing the judicial function of the parole board, the function of parole as a restorative judicial law, and raising awareness of the parole system through the guarantee of victims' procedures can be found.

Dampak Over Kapasitas Di Lembaga Pemasyarakatan Kelas I Cipinang Bagi Narapidana

The overcapacity of convicts resulted in the adoption of negative living procedures at Cipinang Class I Prison, which has the ability to impede the reintegration efforts of inmates, who are feared to be able to thwart the prison's original purpose. This thesis seeks to understand the preventive and resolution efforts against the repetition of crimes in Cipinang Class I Prison as a result of the prison's overcrowding by determining in advance the impact of the prison's overcrowding on inmates' rights. This study employs a type of empirical juridical research by conducting field interviews with the Class I Cipinang Prison, followed by studies on literary materials by reading, examining, and analyzing literature to generate studies linked to the theme of this thesis. The results indicated that the overpopulation of Cipinang Class I Prison led to a lack of supervision of detainees, which disrupted the rights of inmates. In prisons when the number of inmates exceeds the capacity, the function and purpose of prisons are impeded, and jails may become criminal academies. To prevent this from occurring, Cipinang Class I Prison conducts preventative measures consisting of unannounced searches of inmate dormitories and interactions with convicts. In addition, as a kind of countermeasures, Cipinang Class I Prison administers sanctions based on the category broken by convicts.

Dampak Kelebihan Kapasitas terhadap Pemenuhan Hak-Hak Warga Binaan di Lembaga Pemasyarakatan Kelas IIA Jember

Overcapacity of detainees occurs in almost all prisons, this excess capacity causes various problems in prisons, such as the failure of the main purpose of the prison, namely the development of Correctional Assisted Citizens (WBP) and can lead to new crimes due to the excess capacity. The excess capacity of the inmates will have an impact on the fulfillment of the rights that should be obtained by the inmates. The aim of this research is to find out the impact of excess capacity of inmates on the fulfillment of the rights of inmates in the Class IIA Jember Penitentiary. This research uses normative and empirical research methods. The results showed that the impact of the excess capacity of inmates in the Class IIA Jember Penitentiary, among others: the difficulty of the prisoners to rest and activities, disruption of the rights of inmates, inadequate sanitation, conflicts that cause fights, and less than optimal supervision by officers. In an effort to overcome the impact of excess capacity of WBP, Jember Prison carries out various preventive and repressive efforts.

Upaya Penanganan Khusus Narapidana Lansia sebagai Kelompok Rentan

LAPAS or Correctional Institution under the auspices of the Directorate General of Corrections is the final place of the criminal justice system process that fosters and integrates the social of convicts, so that when returning to society they are able to live a normal life. Elderly (according to Law No. 13 of 1998: Elderly) is a person whose age reaches the age of 60 years and above. In its efforts, Correctional Services interpret this understanding by regulating the rights of inmates contained in Law no. 12 of 1995 article 14 paragraph 1.The increasing age and declining body condition of the elderly inmates need special treatment both in health, treatment, and public services. Elderly inmates as much as possible are treated as people usually are, it's just that the place and application are different. This is for the implementation of part of Human Rights (HAM) as a national instrument. This special handling effort involves other stakeholders be it medical or health workers and the government to support the infrastructure needed. The elderly as one of the vulnerable groups become important objects in terms of how decent handlers are so that they feel cared for in their twilight years. Although until now still in the process and stages of refinement of special handling for them. The fact is still not optimal and this study illustrates how well the effort is.

Pembinaan Terhadap Narapidana Pengguna Narkotika Di Lembaga Pemasyarakatan Narkotika Kelas II A Jakarta

Law in Indonesia is now developing following a variety of human needs. The development of this law was also followed by the development of the prison system into a correctional system based on Pancasila and the 1945 Constitution. The change was made because the prison system only prioritizes the element of revenge and imprisonment only, so that the human rights of inmates are not taken into account. The type of research used in this study is a descriptive type of research. Based on the research that has been conducted the Implementation of Inmate Development in Narcotics Correctional Institution Class IIA Jakarta The implementation of coaching of inmates is stipulated in Article 7 of Government Regulation No. 31 of 1999 concerning The Construction and Mentoring of Community Correctional Officers.

A Study on Human Rights of Inmates

본 연구는 우리나라의 수용자 인권에 대한 문제점을 탐색하고, 인권보장을 위해 나아가야할 방향을 제안하고자 하였다. 수용자 인권과 관련하여 우리나라는 헌법에 수용자의 기본권 제한은 헌법적 한계를 벗어날 수 없으므로 필요한 경우에 법률로써 제한한다고 규정하고 있다. 연구방법은 관련법령의 변화와 발간된 통계자료를 살펴보고, 수용자 인권에 대한 문제점과 앞으로 나아가야할 방향을 제시하고자 하였다. 수용자 인권과 관련된 문제점은 다음과 같다. 과밀수용, 건강 및 의료처우 문제, 노역장 유치문제, 서신검열, 수용시설 내 가혹행위 및 위생문제 및 수용시설 내 CCTV로 관리 감독하는 문제 등을 들 수 있다. 수용자 인권 개선 방향으로 첫째, 법무부는 개인이 보장받아야할 최소한의 공간을 지켜주는 조치가 필요하다. 둘째, 건강 및 의료처우는 수용시설 내 전문의 상주와 상담전문가 양성을 통한 양적·질적 개선이 필요하다고 본다. 노역장 유치는 사회봉사 등 사회 내 처우를 확대할 필요가 있다. 이를 통해 과밀수용 문제도 다소 해결될 것으로 보인다. 서신 검열에 대한 법적 규정 강화, 수용시설 내 가혹행위는 예산확보와 시설 운영을 위한 인력확보가 중요할 것으로 보인다. 위생문제는 동절기 온수사용 등과 같은 실질적인 개선이 요구된다. 수용시설 내 CCTV 관리 감독은 제도적 보완이 필요하다고 본다. 이 외에도 교정공무원의 근무환경 개선을 통한 인권함양으로 수용자에게 인간적 처우를 제공할 수 있도록 할 필요가 있다.This study aims to explore the violations of human rights in inmates in Korea and suggests directions to ensure human rights. Regarding the human rights of inmates, Korea‘s constitution stipulates that the restriction of the basic rights of inmates cannot go beyond the constitutional limits and if necessary, is restricted by law. The research method looked at the changes in related laws and published statistical data, and presented problems on the human rights of prisoners and future directions. The problems are as follows: There are problems with overcrowding, health and medical treatment issues, attraction of labor sites, letter censorship, abuse and hygiene issues in prison, and monitoring and supervision with CCTVs in prison facilities. To improve the human rights of inmates, first, the Ministry of Justice must take measures to protect the minimum space that individuals should be guaranteed. Second, health and medical treatment should be improved both through the quantity and quality of the training of specialists and counseling experts in the shelter. Detention in a prison workshop needs to alter treatment in society such as social service. Through this, the overcrowding problem will be resolved. Reinforcing legal regulations on letter censorship and harsh acts in the shelter will likely be important to make sure budgets and manpower are adequate to operate the facilities. Hygiene issues require substantial improvement, such as the use of hot water in winter. The supervision of CCTVs in the shelters needs to be systematically supplemented. In addition, it is necessary to allow correctional officials to provide human treatment to inmates by fostering human rights through improving working conditions.

A Systematic Review of Section 1983 Lawsuits Filed by Texas Inmates

ABSTRACT Despite considerable change in inmate rights over the past several decades, researchers, practitioners, and policymakers know little about the current state of prisoner litigation. The purpose of this study is to examine the conditions of confinement within Texas prisons that inmates allege violated their constitutional rights by examining federal court rulings decided in 2015. We performed a systematic review of 121 cases to identify themes and patterns that can inform policy and practice. The findings from our study indicate most lawsuits are unsuccessful, and that most lawsuits allege violations related to due process rights.

Perlindungan Hak Asasi Manusia terhadap Narapidana Narkotika Sebagai Warga Binaan Pemasyarakat Menurut Undang-Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan

This research specifically discusses the human rights of prisoners as prisoners in prison, which in their daily lives must be respected, upheld and protected by the state, the law (in this case the Penitentiary Act to be in line with the Human Rights Act), the government through the apparatus is correctional officers and fellow inmates. Prisoners in their daily life can make mistakes and lives that are in contact with human rights violations. The object of this research is the human rights of inmates as prisoners in prison (WBP). The formulation of the problems in this study are (1) How are the human rights protection arrangements for prisoners in prison according to Law Number 12 of 1995; and (2) How is the implementation of human rights protection for narcotics prisoners in prison in East Tanjung Jabung Regency. This study uses Law Number 12 of 1995 Concerning Corrections and other derivative regulations. The results showed that there were differences in the implementation of human rights protection for prisoners with Law Number 12 of 1995 Concerning Corrections.

Death Penalty and Rights of Inmates on The Death Row under Indonesia Criminal Justice System

Indonesia has executed approximately 84 inmates in the death row since 1998. Indonesia actively performed death execution until 2016. After 2016, although no execution has been done, there was a death penalty dropped in 2018. In relation to that, death penalty is stipulated in Indonesia Criminal Code (KUHP and other penal codes outside KUHP) and this makes Indonesia as a retentionist country. Death penalty delivers a death row. Death row is a prolonged death execution, which usualy measured in years. This situation caused a double-punishment, where the convicted must serve in an isolation room in prison, while waiting to be executed. This waiting period seems unavoidable due to some factors. Using normative-empirical research method, this research aims to bring the fact that in Indonesia, there are several factors that have been causing a death row. In this research, this situation is tested using state responsibility principle and some international conventions Indonesia has ratified. The absence of provision related to maximum death execution time after verdict is binding without further objections, together with the hierarchical system of court trial in Indonesia is the cause factor for the prolonged death execution. To encounter this situation The Government of Indonesia is proposed to (1) for short term goal, regulate strictly about the implementation of death execution; (2) for long term goal, to abolish capital punishment from the justice system.