CD Skripsi
Pengaturan Hak Narapidana Dalam Mendapatkan Kebutuhan Biologis Selama Masa Hukuman Dipenjara Menurut Hukum Pidana Indonesia
ABSTRACT
One of the negative consequences is the deprivation of a person's normal sexual
life, so that it is not uncommon for problems such as homosexuality and masturbation
among the convicted to occur frequently. Sexual intercourse is a need, just like any
other need that demands fulfillment. A prisoner who is in a correctional facility should
get sexual needs. Especially inmates who are married. As is well known, the fulfillment
of biological desires is indeed a basic need for humans, both men and women. But
while in prison, of course the fulfillment of this desire was disturbed. Physiological
needs, such as food, drink, rest or sleep, and sex, are the first and foremost needs that
must be met by each individual. With these needs fulfilled, people can maintain life
from death. In the context of prisoners, the government regulates how the fulfillment
of basic physical needs, especially nutritional needs, is met properly, but other physical
needs such as sexual needs have not been explicitly regulated.
This type of research is a normative legal research that is research conducted
with a literature study or literature study in finding data. This research is descriptive in
nature which provides detailed and detailed data on existing problems. In this paper
using qualitative data analysis which means to explain and conclude about the data that
has been collected by the author. This research uses secondary data or scientific data
that has been codified.
The results of this study explain that in Law Number 12 of 1995 concerning
Corrections, especially in Article 14 paragraph (1), it regulates the rights of prisoners
during their sentence in prison, but in that article does not regulate biological needs,
especially sexual needs of prisoners during sentence in prison. Sexual needs, both
empirically and theoretically, are important needs for biologically mature humans,
which, if not fulfilled, will result in many sexual deviations between prisoners during
their sentence in prison. Furthermore, the practice of romance booths has been carried
out in Indonesian prisons, this is evident in the case of the convict fahmi
Darmawansyah who runs the business of love room facilities by renting out to other
inmates for sexual activity by paying a sum of money. From this case, it is clear that
the practice of romance booths is carried out illegally because the legal regulations that
discuss the provision of romance booths do not yet exist in Indonesia. The idea that the
author offers is to regulate the biological rights of prisoners during their sentence in
prison by implementing or applying legal and free conjugal visit facilities for inmates
who are married with the rules and mechanisms stipulated by the legislators later.
Keywords: Convict – Biological Needs - Criminal Law
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