GENDER EQUALITY IN THE CORRECTIONAL SYSTEM FOR FEMALE INMATES: STUDIES ON THE PROTECTION OF HUMAN RIGHTS
SUBAIDAH RATNA JUITA, WAFDA VIVID IZZIYANA, AGUNG SANTOSO PRIBADI

Semarang University

Abstract

Various international legal instruments have reviewed and regulated the treatment of gender-based women. Moreover, women who are involved in criminal cases and facing the law must be regulated in such a way that the content material that will be regulated in positive law still absorbs or absorbs principles that reflect the fair treatment of women. As a criminal justice subsystem that organizes law enforcement in the field of treatment of prisoners, children, and correctional assisted citizens (WBP), the Correctional institution plays a very substantial role starting from the pre-adjudication, adjudication, and post-adjudication stages. Through the Correctional System, the treatment of prisoners, children, and WBP is carried out through the Correctional function which includes service, coaching, community guidance, care, security, and observation by upholding respect, protection, and fulfillment of human rights. Imprisonment should be understood as the ultimate remedium (last resort). Moreover, the litigant is a woman who has a double burden (domestic role and reproductive function), such as breastfeeding while caring for and educating children. The problem in this paper is to identify and analyze the protection of human rights in the correctional system for female inmates who are studied based on gender equality. This study is the result of thinking with conceptual, case, and futuristic approaches, so the type of research used is normative legal research. Furthermore, the specification of this study is descriptive analytical. To get objective data, the type of data needed is secondary data. This data was taken by way of document / literature study using qualitative analysis methods. The results of the problem analysis in this paper show that there must be a structured and systematic mechanism that does not necessarily cut off the role of women as mothers in giving birth, breastfeeding, nurturing, and educating children. With the existence of Correctional Law No. 22 of 2022, the Ministry of Law and Human Rights as an extension of the government shows a responsive attitude to women^s needs and the values of justice for women who face the law and serve sentences in prisons or detention centers can be implemented. This is evidenced by the accessibility of a child from a prisoner or a child of a female inmate to be taken to a prison or prison or who was born in a prison can stay with his mother for a maximum of three years old.

Keywords: Correctional System- Female Fostered Residents- Gender Equality- Human Rights

Topic: Law