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All Journal International Journal of Humanities Education and Social Sciences Journal of Law, Poliitic and Humanities
Heru Yoga Pamungkas
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Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penyelesaian Overcrowded Sebagai Bentuk Implementasi Convention Against Torture Guna Mewujudkan Stabilitas Keamanan Lembaga Pemasyarakatan dan Rumah Tahanan Negara di Indonesia Heru Yoga Pamungkas; Adnan Madjid; Irwan Triadi; Pujo Widodo; Achmed Sukendro
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 4 No 2 (2024): IJHESS OCTOBER 2024
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v4i2.1169

Abstract

This research addressed the resolution of overcrowding as a form of implementing the Convention Against Torture to achieve security stability in prisons and detention centers in Indonesia. Errors in the calculation of prisoner numbers that did not align with the size of detention cells led to the phenomenon of overcrowding. In other words, such conditions could be deemed as torture against inmates. Despite Indonesia's ratification of the Convention Against Torture through Law Number 5 of 1998, torture in sentencing remained a major concern. The aim of this study was to examine the causes and impacts of overcrowding, analyze the phenomenon of overcrowding in Indonesian prisons and detention centers in accordance with the Convention Against Torture, and propose solutions to overcrowding as an implementation of the Convention Against Torture. The research employed a qualitative method with a normative legal approach to comprehend and interpret existing legal provisions and evaluate their implementation, thereby identifying the alignment between applicable law and its implementation. Primary data sources consisted of legislative regulations arranged according to the hierarchy of legal norms. Secondary legal materials included textbooks authored by eminent legal scholars, legal journals, academic opinions, legal cases, jurisprudence, and recent symposium outcomes relevant to the research topic. This study found that the Indonesian government endeavored to expand detention space to minimize torture and suffering that could occur in overcrowded cells, thereby facilitating the achievement of the goals of the Convention Against Torture.
Potential Management of Nusakambangan Island as a Special Area for Rehabilitation and a National Defense and Security Zone Heru Yoga Pamungkas; Adnan Madjid; Irwan Triadi; Pujo Widodo; Achmed Sukendro
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.570

Abstract

As an area restricted solely to the execution of penal functions, research interests, and mining activities, Nusakambangan Island primarily serves the purposes of securing and rehabilitating inmates. Consequently, the development of Nusakambangan Island should ideally focus on implementing a robust penitentiary system. Currently, however, development efforts on Nusakambangan Island are limited to constructing facilities supporting correctional institutions, overlooking its broader potential and functions for national interests. The aim of this study is to analyze the existing conditions to ascertain its potential and identify the challenges in managing Nusakambangan Island as a special area for rehabilitation, national defense, and security. The research methodology employed is qualitative, utilizing a participatory observation approach with full participation. Primary data was gathered through direct observation by the researcher, while secondary data was obtained through a juridical normative approach. The findings reveal that annual population migration into the Nusakambangan area is increasingly uncontrollable, sedimentation issues in the Segara Anakan area lack clear management, ongoing debates over island management persist, and the Directorate General of Corrections' limited authority over Nusakambangan Island exacerbates these complex issues. To optimize the penitentiary system, it is recommended that Nusakambangan Island be designated as a proportionally closed special area solely open for research, protected forests, and mining interests under clear policy directives.
Co-Authors Achmed Sukendro Adnan Madjid Irwan Triadi Pujo Widodo