Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan

Hakim Pengawas dan Pengamat : Penjaga Hak-Hak Narapidana

Petrus Irwan Panjaitan — Tue, 18 Nov 2025 00:00:00 +0700

Indonesia is a state based on the rule of law that recognizes and respects human rights as the rights of every citizen. The recognition of these fundamental rights also applies to individuals who have been sentenced to imprisonment by a court decision. Even as convicts, their rights remain acknowledged as stipulated in Law of the Republic of Indonesia No. 2 of 2022 concerning Corrections. The various rights inherent to inmates during the correctional process must not be neglected or violated. To safeguard the rights of prisoners while serving their sentences or undergoing the correctional process within correctional institutions, the state, through legislation specifically Law of the Republic of Indonesia No. 8 of 1981 on the Criminal Procedure Code, Articles 277 to 283, as well as Supreme Court Circular No. 7 of 1985 concerning Guidelines for the Duties of Judges and Supervising Judges ensures such protection. Therefore, judges serve as the guardians of prisoners’ rights.

Pidana Kerja Sosial Sebagai Instrumen Hukum Pidana Untuk Mengurangi Beban Lembaga Pemasyarakatan

Johnson Sahat Maruli Tua Pangaribuan — Fri, 21 Nov 2025 00:00:00 +0700

Correctional Institutions in Indonesia’s criminal justice system hold a fundamental role not only as facilities for serving prison sentences but also as centers for inmate rehabilitation based on the values of Pancasila. However, in practice, various issues persist, such as the deprivation of inmates’ rights, human rights violations, and overcapacity, all of which hinder the realization of correctional objectives. Therefore, more adaptive and humanistic legal breakthroughs are needed. The development of criminal law through the concepts of restorative justice and community service punishment reflects a paradigm shift from a retributive orientation toward rehabilitation and social reintegration. Restorative justice focuses on restoring relationships among offenders, victims, and society, while community service punishment offers an alternative form of sentencing that emphasizes tangible contributions to society and reduces the burden on correctional facilities. The inclusion of community service punishment in Law No. 1 of 2023 concerning the Criminal Code represents a progressive step in addressing the challenge of mass incarceration while promoting a more humane form of justice. Thus, community service punishment can be viewed as a tangible implementation of Satjipto Rahardjo’s theory of progressive law, which asserts that law must serve humanity, not the other way around.

Penerapan Tata Kelola Pemerintahan Yang Baik Dalam Pengelolaan Lembaga Pemasyarakatan

Francois Geny Ritonga — Fri, 21 Nov 2025 00:00:00 +0700

Corrections are an integral part of the integrated criminal justice system administered by the government as part of the law enforcement process in the context of service, guidance, and counseling for social reintegration. After a person is found guilty by a court decision, the next step is to serve a prison sentence in a correctional institution. This is done based on the principles of legal protection and respect for human rights. However, there are currently dynamics occurring in correctional institutions, including overcapacity, inadequate prison personnel, and other issues that hinder the management and guidance of the rehabilitation process for inmates. With the concepts of state administrative law, regarding the need to reconceptualize and improve government administration, particularly the principles of proper governance, both at the central and regional levels, it is hoped that slowly but surely, this will change the structure, instrumentation, and orientation of government administration towards good governance.. The purpose of this study was to Implementation of Good Governance in the Management of Correctional Institutions. The method used is a normative legal research method.

Integrasi Keadilan Restoratif Dalam Program Pembinaan Narapidana: Manfaat Mediasi Korban-Pelaku Terhadap Penurunan Residiv

Andree Washington Hasiholan — Fri, 21 Nov 2025 00:00:00 +0700

This study aimed to assess the effectiveness of integrating restorative justice into prisoner rehabilitation programs to reduce recidivism and improve social reintegration. The method used was a mixed-method design with a quasi-experimental quantitative approach comparing a group of prisoners who participated in victim-offender mediation within the rehabilitation program with a standard rehabilitation group, measured twelve months after release; and a qualitative approach through in-depth interviews with victims, prisoners, correctional officers, and community stakeholders, accompanied by a review of policy documents. Results showed that the mediation group experienced a decrease in recidivism, increased compliance, strengthened empathy, and improved social relationships compared to standard rehabilitation. Interviews revealed that success was influenced by the emotional readiness of the parties, the capacity of the facilitator, and family- and community-based post-release support. Conclusion: Integrating victim-offender mediation into correctional rehabilitation programs effectively reduces recidivism and improves the quality of reintegration, with the prerequisites of standardized implementation, cross-sectoral support, and protection mechanisms for victims; these findings provide the basis for policy formulation and long-term monitoring of outcomes.

Penguatan Pembinaan Narapidana Sebagai Upaya Mencegah Kejahatan Lembaga Pemasyarakatan “Sekolah Kejahatan"

Lonna Yohanes Lengkong, Toga Lamhot Sinaga — Fri, 21 Nov 2025 00:00:00 +0700

The phenomenon of correctional institutions being perceived as “schools of crime” arises from interactions among recidivist inmates that may reinforce criminal behavior. The research problem focuses on identifying the characteristics and impacts of prisonization, as well as evaluating the effectiveness of inmate rehabilitation in preventing such stigma. The study employs a normative and empirical legal approach, analyzing correctional regulations alongside the social realities of inmates. Theoretical frameworks used include the concepts of prisonization, corrections as social rehabilitation, and corrective criminal law. The findings indicate that inmate rehabilitation requires strengthening through the enhancement of rights, facilities, vocational education, and the involvement of communities and the workforce to reduce the negative effects of incarceration. Conclusion: It is essential to emphasize that integrating rehabilitation programs with community participation is crucial to eliminating the “school of crime” stigma and supporting the healthy social reintegration of inmates—transforming them from mere subjects of punishment into empowered correctional residents.