Jurnal Media Hukum
Vol. 14 No. 2 (2026): Jurnal Media Hukum (JMH)

Pemenuhan Hak Kesehatan Warga Binaan Sebagai Tolak Ukur Tujuan Pemidanaan : Fulfillment Of Inmates’ Healthcare Rights As A Measure Of Punishment Objectives

Atika (Universitas Tadulako)
Rahmat Bakri (Universitas Tadulako)
Ansar (Universitas Tadulako)
Suardi Dg. Mallawa (Universitas Tadulako)
Tri Setyawati (Universitas Tadulako)



Article Info

Publish Date
20 Sep 2026

Abstract

Correctional institutions are obligated to fulfill inmates' right to health as a component of human rights guarantees and the objectives of criminal punishment. Yet severe overcrowding has created a substantial gap between normative guarantees and actual implementation, particularly amid rising rates of illness and mortality from infectious diseases within detention facilities. This study aims to analyze the fulfillment of inmates' healthcare rights at the Class IIA Palu Correctional Institution and to assess its alignment with the purposes of criminal punishment. The research employs a juridical empirical approach, incorporating statutory and case approaches. Primary data were collected through interviews with the clinic coordinator, the head of the health guidance and care sub-section, nurses, and inmates, supplemented by observation and document study. Data were analyzed using qualitative descriptive analysis combined with juridical analysis. The findings indicate that all four healthcare service functions are normatively available, yet implementation remains suboptimal: the preventive and curative functions operate relatively well, while the promotive function remains unstructured and the rehabilitative function is constrained by the absence of a permanently assigned general practitioner. Overcrowding at nearly three times the ideal capacity further compounds these limitations. Fulfillment of healthcare rights does not fully conform to the purposes of criminal punishment: from a retributive perspective, inmates experience additional suffering beyond court-imposed sentences; from a rehabilitative perspective, healthcare services remain reactive in orientation; and from a restorative perspective, the lack of structured promotive programs impedes inmates' readiness for social reintegration.

Copyrights © 2026






Journal Info

Abbrev

jmh

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Media Hukum (JMH) mencakup bidang: Hukum Tata Negara Hukum Perdata Hukum Pidana Hukum Islam Hukum Adat Hukum ...