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All Journal International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal of International Islamic Law, Human Right and Public Policy
Riza Wira Pratiwi Lumbantoruan
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Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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EFFORTS TO FULFILL THE HEALTH RIGHTS OF PRISONERS IN PLACES OF DETENTION Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 2 (2024): March
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i2.1562

Abstract

One of the rights of prisoners is to receive health insurance, but often detainees' health rights are not fulfilled. This is clearly very contradictory where in the Decree of the Minister of Justice of the Republic of Indonesia Number: M.02-PK.04.10 of 1990 concerning Patterns of Development for Prisoners/Detainees, the Minister of Justice of the Republic of Indonesia states in section C regarding health care. Apart from that, Law Number: 39 of 1999 concerning Human Rights Article 4 emphasizes the importance of fulfilling the health rights of prisoners and one of the rights that prisoners have is contained in Government Regulation Number: 58 of 1999 Article 9, namely regarding responsibility for prisoner care, prisoners have the right to receive prisoner care including physical and spiritual care, in terms of health services. However, its implementation is very difficult if it is carried out in accordance with existing regulations, because the expected conditions are different from the conditions in reality. In reality, we often find various kinds of obstacles faced by the management of places of detention, these obstacles include overcapacity in prisons, there is still a lack of special officers in the health sector in the management of places of detention which is still hampered by the problem of limited budget funds. .
LEGAL PROTECTION FOR PRISONERS IN ILLNESS WHO REQUIRE HOSPITAL TREATMENT Riza Wira Pratiwi Lumbantoruan; Henry Aspan; Siti Nurhayati
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v2i1.43

Abstract

Indonesia has ratified the Convention Against torture and other cruel, inhuman or degrading treatment or punishment (adopted and opened for signature and accession by General Assembly Resolution 39/46 of 10 December 1984 into Law Number 5 of 1998 which came into effect on 28 September 1998 . The Convention relates to the promotion and protection of the rights of prisoners which are accommodated in the prohibition of torture and other treatment or punishment that is cruel, inhuman and degrading to human dignity. Suspects who are detained and experiencing health problems, it is in the interests of investigative examinations and for the smooth running of examination of suspects requires treatment. In Indonesia, regulations regarding the rights of prisoners in the health sector are contained in several laws, including based on the decision of the Minister of Justice of the Republic of Indonesia No. 1995 concerning Corrections, Government Regulation Number 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Inmates. Health services for prisoner patients are carried out in a promotive, preventive, curative and rehabilitative manner, the implementation of which is currently not yet running optimally, this is indicated by the fact that health services for prisoners have not been carried out on a scale, integrated, integrated and sustainable basis. The implementation of care for prisoners in sick conditions who require hospital treatment will run well if in the system of fulfilling the rights of prisoners they are positioned not only as objects of detention, but also as active participants. In this case, prisoners themselves also determine the implementation of their rights.
Co-Authors Henry Aspan Siti Nurhayati