CD Skripsi

Pengaturan Penempatan Narapidana Transgender Yang Belum Memiliki Surat Putusan Berganti Kelamin Dari Pengadilan Di Dalam Lembaga Pemasyarakatan Indonesia

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ABSTRACT
Correctional Institutions have become a public spotlight, since the
bureaucratic reform in the Ministry of Law and Human Rights. And problems are
often found in correctional institutions. The problem of regulating transgender
placement for which there has been no decision to change sex from the Court
within the Indonesian Penitentiary. Indonesia currently has no regulations
governing prisons for transgender people. To avoid things that are not desirable,
such as verbal, physical, or sexual harassment while undergoing legal proceedings
in a correctional facility.
The formulation of the problem of writing this thesis, first. What is the
human rights view of the placement of transgender prisoners who do not have a
gender change decision from the court in correctional institutions according to
Indonesian positive law. Second, what is the position of transgender prisoners in
Indonesian positive law. The purpose of writing this thesis, namely; First, in order
to know the human rights view of the placement of transgender prisoners who do
not have a gender change decision from a court in a correctional institution
according to Indonesian positive law. Second, in order to know the position of
transgender prisoners in Indonesian positive law. The type of research used in this
legal research is the normative juridical method. This type of research is the
principles of law. This research is descriptive in nature, because the authors
describe the principles of law, namely the principles of legal certainty.
The results of the first research, Indonesia adheres to Pancasila Human
Rights, in which there is no regulation and enforcement of equality before the law
for transgender people, including there is no guarantee of legal protection by the
state for transgender people in Indonesia. Pancasila human rights have balanced
and transgender values that are contrary to the divine values in Pancasila. So that
transgender placements who do not have a gender-change court decision are in
accordance with Indonesian positive law. Second, in Indonesia it does not
recognize the existence of a third gender and only recognizes 2 (two) genders,
namely male and female. In Indonesian positive law. If a transgender prisoner
who does not have a gender change decision from the Court, then it must be
placed according to his initial identity, and if the transgender prisoner already has
a gender change decision from the Court then he will be assigned according to his
new gender. This is appropriate based on the principle of legal certainty.
Keywords: Prisoners-Transgender-Penitentiary

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0060)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2021

Deskripsi Fisik

xii, 29 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0060)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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