JURNAL GEVANGENEN

Hukuman dan Tanggung Jawab

2025-04-15T05:25:08+07:00

In his book Punishment and Responsibility, H.L.A. Hart presents moral arguments related to punishment and responsibility or related to the problem of punishment and guilt. However, what Hart offers is not the morality of guilt and punishment in general, but the official morality of guilt and punishment-morality for public officials. As a result, moral doctrines that have been officially institutionalized in public institutions and legal rules are separated from similar or analogous doctrines related to parts of moral life that are not institutionalized, for example in the morality of personal relationships. According to Hart, public interest in the topic of punishment and guilt is quite large even though society is still plagued by confusion caused by uncertainty and doubt about the morality of punishment conveyed by competing theories of punishment. Punishment according to Hart is not part of ideal justice, punishment is only a mechanical and dangerous means of protection that requires the greatest wisdom and humanity to turn it into a means of reform. For such a view, the moral justification for punishment and guilt lies in its impact in contributing to crime prevention and the social adjustment of criminals. According to Hart, punishment must be given to violations that are committed voluntarily.

Pemasyarakatan Narapidana: Melihat Kembali Ke Pemikiran DR. Sahardjo

2025-04-15T05:28:34+07:00

Treating prisoners well and properly in a humane manner is one measure of whether a country is civilized or not, especially if the country is a country based on law like Indonesia. Indonesia as a country of law certainly no longer emphasizes the implementation of punishment as it once did during the colonial era, where Sahardjo said very seriously as in his speech "Pancasila Law Protection Banyan Tree Manipol/Usdek" where in addition to presenting National law, which is depicted by a banyan tree that symbolizes protection, he also expressed his views on the banyan tree, as an instructor for officers in treating prisoners, so that the purpose of imprisonment by him was formulated as in addition to causing suffering to the convict because of the loss of freedom of movement, guiding the convict to repent, educating him so that he becomes a useful member of Indonesian socialist society, understanding Sahardjo's thoughts, it is clear that imprisonment is no longer for retribution but for correctional, which sees prisoners as social beings who have the opportunity to repent, and can be accepted by society and become useful people. Sahardjo's thoughts led to the integration of prisoners, officers and society. Correctional facilities are not just about rehabilitating and resocializing prisoners, but also creating a restoration of social relations between prisoners and the community in the form of accepting former prisoners back after serving their sentences.

Peranan Lembaga Pemasyarakatan Dalam Sistem Peradilan Pidana Terpadu

2025-04-15T06:10:11+07:00

The criminal justice system is a system within society designed to tackle crime, with the objectives of resocializing and rehabilitating offenders, controlling and preventing crime, and promoting societal welfare. Understanding this, there must be synergy among the subsystems to achieve these goals. However, legislation makes it highly unlikely to allow for cooperation, as each subsystem seems to operate independently. This gives the impression that the criminal justice system does not need to be regulated by a specific law. Meanwhile, Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) is considered sufficient as a legal foundation for each subsystem, additionally, correctional institutions are often regarded as not being sufficiently important because, in the end, they are always held responsible for resocializing and rehabilitating inmates. In reality, this subsystem has the weakest infrastructure and is often scapegoated when former inmates reoffend. The discourse on integrating the criminal justice system (integrated criminal justice system) is proof that these subsystems are inseparable, as their individual performance greatly impacts the overall output of the system. Therefore, if a former inmate commits another crime, the criminal justice system is deemed to have failed in achieving its objectives.

Pidana Kerja Sosial Salah Satu Alternatif Mengurangi Kelebihan Kapasitas Di Lembaga Pemasyarakatan

2025-04-15T06:18:22+07:00

: Overcrowding in Indonesia’s prisons has become a pressing issue, with inmate numbers far exceeding the available space. This not only strains the correctional system but also affects the well-being of both inmates and prison staff. One possible solution is community service punishment, a concept rooted in utilitarianism, which prioritizes policies that benefit society as a whole. Instead of serving time behind bars, minor offenders would contribute to their communities through meaningful work, helping to ease the burden on the prison system. This study explores how social work punishment could be implemented in Indonesia to address overcrowding and examines the factors that could support its success. Through a legal and conceptual analysis, the findings suggest that this alternative approach not only reduces the prison population but also aids in the rehabilitation of offenders and contributes to social development. Looking at countries like the Netherlands and Portugal, where similar programs have been successful, we see evidence that community service punishment can lower repeat offenses and improve the overall efficiency of the correctional system. That said, Indonesia still faces challenges in making this a reality. Infrastructure remains limited, public opinion leans heavily toward imprisonment, and law enforcement agencies need to be well-prepared to oversee such a shift. For this policy to work, clear regulations, strong oversight, and cooperation between the government, society, and private sector are essential. With the right strategy, social work punishment could become a humane and sustainable solution to Indonesia’s overcrowded prisons, offering both offenders and society a better path forward.

Manfaat Pembinaan Kesehatan Bagi Narapidana Dalam Proses Pemasyarakatan

2025-04-15T06:26:43+07:00

After a person is found guilty through a court decision, the next process is to serve a prison sentence in a correctional institution. In the implementation of the penalty of loss of liberty, various methods are applied, namely guidance inside and outside the institution, various laws and regulations since the Dutch East Indies colonial era until Indonesian independence, the treatment of convicts has changed, one of which is that convicts are lost people who have the opportunity to repent, to realize this, guidance is carried out while serving their sentence, one of which is health guidance. Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections in Article 9 regulates the right to health services and consumption of prisoners according to nutritional standards in correctional institutions. This provides legal certainty regarding the obligation to provide optimal services so that the goals of correctional institutions are achieved. The implementation of the fulfillment of prisoners' rights in correctional institutions is related to the conditions of housing and existing capacity. A correctional institution plays a major role in fulfilling the goals of correctional institutions as a place for guidance, protection and guidance for prisoners, one of which is by fulfilling the right to health of prisoners. The purpose of this study was to determine the benefits of health guidance for prisoners in the correctional process. The method used is a normative legal research method.