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Yustisia Merdeka : Jurnal Ilmiah Hukum
Published by Universitas Merdeka Madiun
ISSN : 24078778     EISSN : 25800019     DOI : 10.33319
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal YUSTISIA MERDEKA diterbitkan oleh Fakultas Hukum Universitas Merdeka Madiun, terbit per satu semester (dua nomor dalam setahun) Pada bulan Maret dan September. Memuat naskah hasil penelitian, kanjian konseptual, analisis kritis di bidang hukum, konstiusi dan isu-isu ketatanegaraan, dengan manfaat dan tujuan bagi perkembangan Ilmu Hukum, dengan mengedepankan sifat orisinalitas, kekhususan dan kemutakhiran artikel pada setiap terbitannya. Tujuan dari publikasi Jurnal ini adalah untuk memberikan ruang mempublikasikan pemikiran hasil penelitian orisinal, para akademisi yaitu mahasiswa maupun dosen yang belum pernah dipublikasikan pada media lainnya.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 184 Documents
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The Influence of Self Control on Psychological Distress of Prisoners Narcotics in Correctional Institutions Class IIB Narcotics Purwokerto Asa Fadia Brilian; Ali Muhammad
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.291

Abstract

Abstract Introduction to the Problem: Incarcerated individuals with a history of narcotics-related offenses often experience elevated levels of psychological distress, which can hinder their rehabilitation process. One contributing factor is the ability, or lack thereof, to regulate self-control, which plays a crucial role in coping with stressors and maintaining psychological well-being. Purpose/Study Objectives: This study aims to analyze the effect of self-control on psychological distress among narcotics inmates at the Class IIB Narcotics Correctional Facility in Purwokerto. Design/Methodology/Approach: The study employed a quantitative research design, utilizing questionnaires to measure levels of self-control and psychological distress. Participants consisted of male inmates currently serving sentences at the facility. Findings: The analysis revealed a significant relationship between self-control and psychological distress. Inmates with higher levels of self-control reported lower levels of psychological distress, underscoring the protective role of self-regulation in reducing mental health problems within correctional populations. Paper Type: Research Article Keywords: Self-Control; Psychological Distress; Correctional Facility; Narcotics Inmates
The Role Of Social And Psychological Support For Pregnant Women In Class II A Women's Correctional Institution, Semarang Mitro Subroto; Desi Safitri
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.292

Abstract

Abstract Introduction to the Problem Pregnant women in correctional facilities face unique challenges that affect their well-being and rehabilitation process. Incarceration can lead to increased psychological distress, social isolation, and inadequate access to essential healthcare services, including prenatal and postnatal care. The role of social and psychological support in correctional facilities is crucial to ensuring the well-being of pregnant inmates and their unborn children. However, in many institutions, the implementation of these support systems remains insufficient due to resource constraints, lack of trained personnel, and overcrowding. This study examines the extent to which social and psychological support is provided to pregnant women in the Women's Correctional Facility Class II A Semarang and identifies challenges in implementing these programs. Purpose/Study Objectives This study aims to analyze the role of social and psychological support for pregnant women in correctional facilities by assessing the availability and effectiveness of existing support programs, identifying challenges in their implementation, and evaluating their alignment with legal frameworks such as Law No. 22 of 2022 and Law No. 18 of 2014. Additionally, this research seeks to provide recommendations for improving social and psychological support in correctional settings, ensuring that pregnant inmates receive adequate care and assistance during their incarceration. Design/Methodology/Approach A qualitative research approach was employed to explore the experiences of pregnant women in correctional facilities and the implementation of support programs. Data were collected through in-depth interviews with pregnant inmates and correctional staff to understand their perspectives on social and psychological support. Observations were conducted within the correctional facility to assess the availability and quality of support services. Additionally, document analysis was performed on policies, regulations, and rehabilitation programs to evaluate their alignment with national legal frameworks and identify gaps in implementation. Findings The study found that social support is primarily provided through religious study groups and group counseling sessions, which help pregnant inmates cope with incarceration. However, psychological support remains limited due to a lack of trained staff and inadequate infrastructure. One of the main challenges in implementing these support systems is the limited availability of trained professionals, resulting in infrequent counseling sessions. Overcrowding within the facility also restricts access to private counseling and mental health services, making it difficult for inmates to receive individualized psychological care. Additionally, reproductive health services are infrequent, leading to inconsistent prenatal care for pregnant inmates. Furthermore, insufficient training for correctional staff results in a lack of understanding of the specific needs of pregnant women, further hindering the effectiveness of existing support programs. Although support programs align with legal regulations, their implementation remains suboptimal. To address these challenges, this study recommends increasing resource allocation to enhance support services, providing specialized training for correctional staff to better handle the needs of pregnant inmates, and improving facility infrastructure to create a more supportive environment. Strengthening these aspects will help ensure that pregnant women in correctional facilities receive the necessary social and psychological support to improve their well-being and rehabilitation outcomes. Paper Type: Research Article
Fulfillment Of Education And Skills For Children In Care Dimas Al Hakim; Mitro Subroto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.293

Abstract

Abstract Introduction to the Problem Children in conflict with the law often face multiple challenges, including social stigma, discrimination, and limited access to education and skills training. These barriers hinder their ability to reintegrate into society after completing their rehabilitation process. Education and vocational training are critical components in ensuring the successful rehabilitation of assisted children, as they provide them with opportunities for personal development, employment, and social reintegration. However, in many rehabilitation centers, educational programs remain inadequate, either due to a lack of resources, trained educators, or appropriate curriculum tailored to the specific needs of these children. Purpose/Study Objectives This research aims to analyze the fulfillment of education and skills development for assisted children within rehabilitation institutions. Specifically, it seeks to identify the challenges that hinder children in conflict with the law from accessing quality education and vocational training, examine the role of social support from families, rehabilitation institutions, and the broader community in motivating and assisting these children, evaluate the effectiveness of current educational programs, and propose recommendations for more inclusive and relevant educational initiatives that align with the needs of assisted children. Design/Methodology/Approach This research utilizes a qualitative approach, which is appropriate for exploring the experiences and perspectives of assisted children and stakeholders involved in their rehabilitation. The study employs in-depth interviews with assisted children, parents, and rehabilitation officers to gain insights into their experiences, challenges, and perceptions regarding educational programs. Observations were conducted within rehabilitation centers to assess the availability and effectiveness of educational resources, facilities, and teaching methods. Additionally, document analysis was carried out by reviewing reports from rehabilitation institutions, government policies, and non-governmental organizations (NGOs) to understand the existing frameworks and gaps in educational provisions for assisted children. Findings The research findings highlight several key aspects. First, many rehabilitation centers lack sufficient learning materials, qualified teachers, and structured curricula tailored to assisted children's needs, making educational fulfillment challenging. Second, social support plays a crucial role, as encouragement from families, rehabilitation officers, and society positively impacts children's motivation and educational success, while the absence of strong external support often leads to decreased self-confidence and learning persistence. Third, the study emphasizes the need for collaborative efforts, as effective educational programs require partnerships between government agencies, NGOs, and community organizations to provide funding, training, and sustainable learning opportunities. Furthermore, skill-based education proves to be highly beneficial, with practical training in areas such as vocational skills, entrepreneurship, and digital literacy increasing the employability of assisted children post-rehabilitation. Lastly, a well-structured education and training system significantly reduces the risk of recidivism by offering constructive future prospects and preventing re-engagement in criminal activities. Paper Type: Research Article
The Role Of The Family In Supporting The Recovery Of Female Prisoners In Prison Institutions Mitro Subroto; Fahreza Alif Ramadhan
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.294

Abstract

Abstract Introduction to the Problem: Women prisoners often experience high levels of stress and stigma, which can hinder their rehabilitation and reintegration into society. One crucial yet often overlooked factor in their recovery process is the role of family support. Emotional and practical assistance from family members can significantly impact their mental well-being and overall rehabilitation journey. However, the extent and effectiveness of this support within correctional institutions remain underexplored. Purpose/Study Objectives: This research aims to analyze the role of family support in aiding the recovery of incarcerated women. Specifically, it seeks to examine how emotional, financial, and educational support from family members contributes to the rehabilitation process. Additionally, the study explores the need for family training programs to enhance their ability to assist in the reintegration process. Design/Methodology/Approach:A qualitative research approach was employed to gain an in-depth understanding of the dynamics of family support for incarcerated women. The study utilized in-depth interviews with women prisoners and their family members to gather firsthand insights into the nature and impact of familial assistance. The qualitative methodology allowed for a comprehensive exploration of emotional, financial, and educational support mechanisms within the correctional setting. Findings:The research findings indicate that family support plays a crucial role in the rehabilitation of women prisoners. Emotional support from family members helps alleviate stress and provides motivation for inmates to engage in rehabilitation programs. Financial support enables access to better healthcare and personal necessities, improving their well-being during incarceration. Furthermore, active family involvement in educational and skills training programs enhances the chances of successful reintegration into society post-release. The study also highlights the need for structured family training programs to equip relatives with the necessary knowledge and skills to support rehabilitation effectively. These findings underscore the importance of correctional institutions incorporating family-inclusive rehabilitation strategies to foster a more supportive environment for women prisoners. Paper Type: Research Article
Fulfillment Of Women's Rights In Prisons Mitro Subroto; Heruda Ortega Sinurat
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.295

Abstract

Abstract Introduction to the Problem: Women in correctional institutions have specific needs that must be met, particularly regarding the right to health, protection from violence, and rehabilitation and social reintegration programs. However, in practice, the fulfillment of these rights is often not optimal due to various challenges, including limited facilities, the lack of gender-sensitive policies, and rehabilitation programs that do not adequately address their needs. Purpose/Study Objectives: This study aims to analyze the extent to which women's rights are fulfilled in correctional institutions, focusing on three main aspects: the right to health, protection from violence, and rehabilitation and social reintegration programs. Design/Methodology/Approach: This research employs a qualitative approach using interviews, observations, and documentation methods. Data is collected through interviews with female inmates and correctional officers, direct observation of prison conditions, and an analysis of relevant policies and regulations. Findings: The findings indicate that the fulfillment of women's health rights in correctional institutions is still not optimal, particularly in reproductive health, due to limited health facilities and services. Additionally, protection from physical and psychological violence is inadequate due to a lack of gender-sensitive supervision and training for officers. The available rehabilitation programs are also considered irrelevant to the specific needs of female inmates, especially in preparing them for reintegration into society after serving their sentences. Therefore, improvements in health facilities, gender-sensitive officer training, and more inclusive rehabilitation programs for female inmates are necessary. Paper Type: Research Article
The Role Of Parents In The Mental Recovery Of Children In Conflict With The Law Mitro Subroto; Muhamad Apri Hidayat
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.296

Abstract

Abstract Introduction to the Problem: Children in conflict with the law often experience psychological distress, including feelings of guilt, shame, and social exclusion. Parental support plays a crucial role in their mental recovery, but parents also face challenges such as societal stigma and pressure, which may impact their ability to provide effective emotional support. Purpose/Study Objectives: This study aims to explore the role of parents in the mental recovery of children in conflict with the law and to understand the challenges parents face in providing support. Design/Methodology/Approach: A qualitative research approach was employed using in-depth interview techniques. The study involved 10 parents whose children have been involved in legal cases, allowing for an in-depth exploration of their experiences and perspectives. Findings: The study found that emotional support from parents is crucial in helping children cope with guilt and shame while encouraging them to focus on a better future. However, parents often struggle with social stigma and pressure from their surroundings, which can affect their ability to provide support. The findings highlight that the active involvement of parents in the rehabilitation process, along with community support, plays a vital role in the mental recovery of children in conflict with the law. These insights can help practitioners and policymakers develop more effective intervention programs for both children and their families. Paper Type: Research Article
The Urgency Of Fulfilling The Rights To Health Of Elderly Prisoners In Prisons Mitro Subroto; Ronaldo Efraim Lubis
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.300

Abstract

Abstract Introduction to the Problem: Elderly prisoners face significant challenges in accessing adequate healthcare within correctional institutions. Limited facilities, lack of trained personnel, and ineffective implementation of health policies contribute to disparities in healthcare services, affecting their physical and mental well-being. Purpose/Study Objectives: This study aims to explore the urgency of fulfilling the health rights of elderly prisoners, identifying barriers to healthcare access and proposing systemic improvements to enhance their well-being. Design/Methodology/Approach: The research employs a qualitative approach, collecting data through in-depth interviews with 15 elderly prisoners and 10 prison officers, as well as conducting observations on prison health conditions. Findings: The study highlights several key issues, including inadequate healthcare facilities, insufficient medical resources, and a lack of proper training for prison officers. Additionally, existing health policies in prisons are not effectively implemented, leading to disparities in healthcare access. The research emphasizes the need for systemic improvements, such as officer training and policy reinforcement, to ensure better healthcare for elderly prisoners. Paper Type: This is an empirical research study based on qualitative analysis.
Legal Certainty on Corruption in Banking offences in the Indonesian Criminal Justice System Mohammad Choirul Anam; Dien Nufitasari; Retno Catur Kusuma Dewi; Bambang Sukarjono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 1 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i1.322

Abstract

Introduction to the Problem: Corruption is one of the most damaging crimes to a country's economy. One of the corruption cases in Indonesian banking through a fictitious credit scheme as happened in Bank Jabar Banten (BJB) Tangerang Branch proves how important the application of law is to overcome corruption in banking. Purpose/Study Objectives: The challenges that the author will study can be formulated based on the background of the problems described above, namely: 1). How is the legal analysis of banking corruption based on court decisions in Indonesia? 2). How is the construction of legal certainty governing criminal offences of banking corruption in Indonesia?. Design/Methodology/Approach: Normative research was the methodology used. Banking crime is a broad category of crime that occurs within the banking industry, according to the research findings. Due to the complexity of these crimes, the Corruption Act is used in the prosecution of the perpetrators. Findings: The results of this study indicate that criminal offences occurring in the banking sector in the case of Bank Jabar Banten (BJB) Tangerang Branch can be applied to the Corruption offence as “Lex Specialis” even though the modus operandi falls into the territory of other laws and regulations, namely the Banking Law, but the defendant's “Mens Rea” and the elements that are more fulfilled are the articles of corruption so that the application of the Corruption offence to the defendant Bank Jabar Banten (BJB) Tangerang Branch is appropriate. Juridical construction in the crime of banking corruption based on the justice system in Indonesia can be built through the approach of the principle of “logische specialiteit”, the principle of “systematische specialiteit”, the principle of “Lex Consumen Derogat Legi Consumptae”. Paper Type: General Review
The Urgency of Law Enforcement in Anticipating Pollution Caused by Corporate Offshore Exploration Ida Wakhidatus Sholechah; Slamet Suhartono
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.338

Abstract

Introduction to the Problem: Offshore oil and gas exploration in Indonesia has expanded significantly to meet rising domestic and global energy demands. However, these activities pose serious risks of marine environmental pollution, and the existing legal framework proves inadequate for effective oversight and enforcement. Purpose/Study Objectives: This article aims to identify and evaluate regulatory deficiencies in offshore exploration governance and to propose targeted legal reforms to enhance environmental protection and enforcement. Design/Methodology/Approach: Adopting a normative legal methodology, this study critically examines current legislation and institutional practices, benchmarking them against stringent liability doctrines and international regulatory standards. Findings: The analysis reveals three principal regulatory shortcomings: (i) failure to apply strict liability principles; (ii) absence of mandatory environmental guarantee mechanisms; and (iii) institutional overlaps undermining coherent governance. In response, the study advocates (a) adopting unified sectoral legal instruments; (b) strengthening environmental oversight bodies; and (c) integrating progressive international regulatory frameworks. Legal reform is imperative to secure marine environmental protection, facilitate ecological restoration, and uphold justice for coastal communities, consistent with constitutional mandates and sustainable development principles. Paper Type: Research Article
Legal Protection for Creditors on Collateral Rights Not Owned by the Debtor (Case Study of Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn) Eko Muhyani; Fathkurrohman; Sarjiyati; Anik Tri Haryani
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.349

Abstract

Abstract Introduction to the Problem: The legal issue arises when collateral rights are pledged in a credit agreement, but the collateral does not legally belong to the debtor. This creates legal uncertainty for creditors and risks the violation of the property rights of the true owner, as exemplified in Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn. Purpose/Study Objectives: This article aims to analyze the legal protection available for creditors when collateral used in a credit agreement is not owned by the debtor, and to identify the legal consequences that arise from such circumstances. Design/Methodology/Approach: This study employs a normative juridical method with a case approach, focusing on the Tuban District Court Decision No. 9/Pdt.G/2020/PN.Tbn to examine judicial considerations, the application of legal principles, and the implications for both creditors and third parties. Findings: The analysis shows that creditors face weakened legal certainty and limited rights of execution when the collateral is not legally owned by the debtor. The decision highlights the importance of ensuring the validity of collateral ownership to protect creditors, while also preventing losses for third-party property owners. Paper Type: Research Article.

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