Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

Prisoners’ Sexual Rights: A Human Rights Perspective

Nurdin Nurdin (Universitas Islam negeri Datokarama Palu)
Yusran Yusran (Universitas Tadulako)
Abd Wahid (Universitas Tadulako)
Sitti Fatimah Maddusila (Universitas Tadulako)
Kartini Malarangan (Universitas Tadulako)



Article Info

Publish Date
30 Aug 2026

Abstract

Prisoners retain the right to fulfill their sexual needs with their spouses during imprisonment, however, Indonesia has yet to establish regulations that facilitate the exercise of this right. Although many scholars advocate addressing this issue from a human rights perspective, empirical research remains limited. Therefore, this study examines the fulfillment of prisoners’ sexual rights through a human rights framework. Employing a qualitative case study design with a juridical-empirical legal approach, data were collected through field observations, in-depth interviews, and analysis of legal documents. The findings reveal that prisoners’ right to sexual relations with their spouses has not been realized because prisons lack the necessary regulations and implementation mechanisms. Furthermore, national legislation does not provide standard operating procedures for fulfilling prisoners’ sexual rights. The study concludes that ensuring the fulfillment of prisoners’ sexual needs at Palu Prison requires a human right–based policy framework. As a practical contribution, it proposes the establishment of a Safe Counseling and Relationship Zone, a dedicated facility integrating psychological and marital counseling with a hygienic, private, and dignified space where prisoners and their spouses may maintain intimate relationships within an appropriate legal and institutional framework.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...