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Edward ML Panjaitan
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INDONESIA
Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan
Published by Universitas Kristen Indonesia
ISSN : 31093035     EISSN : 31093027     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Gevangenen Jurnal Kajian Lembaga Pemasyarakatan focuses on Correctional Institutions as part of the Criminal Justice System that carries out the function of Correctional for prisoners. This journal examines very specific issues, such as the negative effects of implementing imprisonment, skills education, in and out assimilation, supporting facilities for development, health care and hospitals, the economic potential of prison labor, the implementation of assimilation of inmates back into society by looking at the role of the Correctional Center, the behavior of officers, the relationship between inmates and officers. In addition, Gevangenen also conducts legal research on the trust of inmates in officers, as well as the Role of Supervising Judges and Observers in supervising the implementation of the protection of inmates rights.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Hukuman dan Tanggung Jawab Petrus CKL Bello
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

In his book Punishment and Responsibility, H.L.A. Hart presents moral arguments related to punishment and responsibility or related to the problem of punishment and guilt. However, what Hart offers is not the morality of guilt and punishment in general, but the official morality of guilt and punishment-morality for public officials. As a result, moral doctrines that have been officially institutionalized in public institutions and legal rules are separated from similar or analogous doctrines related to parts of moral life that are not institutionalized, for example in the morality of personal relationships. According to Hart, public interest in the topic of punishment and guilt is quite large even though society is still plagued by confusion caused by uncertainty and doubt about the morality of punishment conveyed by competing theories of punishment. Punishment according to Hart is not part of ideal justice, punishment is only a mechanical and dangerous means of protection that requires the greatest wisdom and humanity to turn it into a means of reform. For such a view, the moral justification for punishment and guilt lies in its impact in contributing to crime prevention and the social adjustment of criminals. According to Hart, punishment must be given to violations that are committed voluntarily.
Pemasyarakatan Narapidana: Melihat Kembali Ke Pemikiran DR. Sahardjo Petrus Irwan Panjaitan
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

Treating prisoners well and properly in a humane manner is one measure of whether a country is civilized or not, especially if the country is a country based on law like Indonesia. Indonesia as a country of law certainly no longer emphasizes the implementation of punishment as it once did during the colonial era, where Sahardjo said very seriously as in his speech "Pancasila Law Protection Banyan Tree Manipol/Usdek" where in addition to presenting National law, which is depicted by a banyan tree that symbolizes protection, he also expressed his views on the banyan tree, as an instructor for officers in treating prisoners, so that the purpose of imprisonment by him was formulated as in addition to causing suffering to the convict because of the loss of freedom of movement, guiding the convict to repent, educating him so that he becomes a useful member of Indonesian socialist society, understanding Sahardjo's thoughts, it is clear that imprisonment is no longer for retribution but for correctional, which sees prisoners as social beings who have the opportunity to repent, and can be accepted by society and become useful people. Sahardjo's thoughts led to the integration of prisoners, officers and society. Correctional facilities are not just about rehabilitating and resocializing prisoners, but also creating a restoration of social relations between prisoners and the community in the form of accepting former prisoners back after serving their sentences.
Peranan Lembaga Pemasyarakatan Dalam Sistem Peradilan Pidana Terpadu Lonna Yohanes Lengkong
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

The criminal justice system is a system within society designed to tackle crime, with the objectives of resocializing and rehabilitating offenders, controlling and preventing crime, and promoting societal welfare. Understanding this, there must be synergy among the subsystems to achieve these goals. However, legislation makes it highly unlikely to allow for cooperation, as each subsystem seems to operate independently. This gives the impression that the criminal justice system does not need to be regulated by a specific law. Meanwhile, Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP) is considered sufficient as a legal foundation for each subsystem, additionally, correctional institutions are often regarded as not being sufficiently important because, in the end, they are always held responsible for resocializing and rehabilitating inmates. In reality, this subsystem has the weakest infrastructure and is often scapegoated when former inmates reoffend. The discourse on integrating the criminal justice system (integrated criminal justice system) is proof that these subsystems are inseparable, as their individual performance greatly impacts the overall output of the system. Therefore, if a former inmate commits another crime, the criminal justice system is deemed to have failed in achieving its objectives.
Pidana Kerja Sosial Salah Satu Alternatif Mengurangi Kelebihan Kapasitas Di Lembaga Pemasyarakatan Rudi Hartono Nainggolan
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

: Overcrowding in Indonesia’s prisons has become a pressing issue, with inmate numbers far exceeding the available space. This not only strains the correctional system but also affects the well-being of both inmates and prison staff. One possible solution is community service punishment, a concept rooted in utilitarianism, which prioritizes policies that benefit society as a whole. Instead of serving time behind bars, minor offenders would contribute to their communities through meaningful work, helping to ease the burden on the prison system. This study explores how social work punishment could be implemented in Indonesia to address overcrowding and examines the factors that could support its success. Through a legal and conceptual analysis, the findings suggest that this alternative approach not only reduces the prison population but also aids in the rehabilitation of offenders and contributes to social development. Looking at countries like the Netherlands and Portugal, where similar programs have been successful, we see evidence that community service punishment can lower repeat offenses and improve the overall efficiency of the correctional system. That said, Indonesia still faces challenges in making this a reality. Infrastructure remains limited, public opinion leans heavily toward imprisonment, and law enforcement agencies need to be well-prepared to oversee such a shift. For this policy to work, clear regulations, strong oversight, and cooperation between the government, society, and private sector are essential. With the right strategy, social work punishment could become a humane and sustainable solution to Indonesia’s overcrowded prisons, offering both offenders and society a better path forward.
Manfaat Pembinaan Kesehatan Bagi Narapidana Dalam Proses Pemasyarakatan Rospita Adelina Siregar
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 1 (2025): Mei
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

After a person is found guilty through a court decision, the next process is to serve a prison sentence in a correctional institution. In the implementation of the penalty of loss of liberty, various methods are applied, namely guidance inside and outside the institution, various laws and regulations since the Dutch East Indies colonial era until Indonesian independence, the treatment of convicts has changed, one of which is that convicts are lost people who have the opportunity to repent, to realize this, guidance is carried out while serving their sentence, one of which is health guidance. Law of the Republic of Indonesia Number 22 of 2022 concerning Corrections in Article 9 regulates the right to health services and consumption of prisoners according to nutritional standards in correctional institutions. This provides legal certainty regarding the obligation to provide optimal services so that the goals of correctional institutions are achieved. The implementation of the fulfillment of prisoners' rights in correctional institutions is related to the conditions of housing and existing capacity. A correctional institution plays a major role in fulfilling the goals of correctional institutions as a place for guidance, protection and guidance for prisoners, one of which is by fulfilling the right to health of prisoners. The purpose of this study was to determine the benefits of health guidance for prisoners in the correctional process. The method used is a normative legal research method.
HAKIM PENGAWAS DAN PENGAMAT : PENJAGA HAK-HAK NARAPIDANA Petrus Irwan Panjaitan
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 2 (2025): November
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

Indonesia is a state based on the rule of law that recognizes and respects human rights as the rights of every citizen. The recognition of these fundamental rights also applies to individuals who have been sentenced to imprisonment by a court decision. Even as convicts, their rights remain acknowledged as stipulated in Law of the Republic of Indonesia No. 2 of 2022 concerning Corrections. The various rights inherent to inmates during the correctional process must not be neglected or violated. To safeguard the rights of prisoners while serving their sentences or undergoing the correctional process within correctional institutions, the state, through legislation specifically Law of the Republic of Indonesia No. 8 of 1981 on the Criminal Procedure Code, Articles 277 to 283, as well as Supreme Court Circular No. 7 of 1985 concerning Guidelines for the Duties of Judges and Supervising Judges ensures such protection. Therefore, judges serve as the guardians of prisoners’ rights.
PIDANA KERJA SOSIAL SEBAGAI INSTRUMEN HUKUM PIDANA UNTUK MENGURANGI BEBAN LEMBAGA PEMASYARAKATAN Johnson Sahat Maruli Tua Pangaribuan
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 2 (2025): November
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

Correctional Institutions in Indonesia’s criminal justice system hold a fundamental role not only as facilities for serving prison sentences but also as centers for inmate rehabilitation based on the values of Pancasila. However, in practice, various issues persist, such as the deprivation of inmates’ rights, human rights violations, and overcapacity, all of which hinder the realization of correctional objectives. Therefore, more adaptive and humanistic legal breakthroughs are needed. The development of criminal law through the concepts of restorative justice and community service punishment reflects a paradigm shift from a retributive orientation toward rehabilitation and social reintegration. Restorative justice focuses on restoring relationships among offenders, victims, and society, while community service punishment offers an alternative form of sentencing that emphasizes tangible contributions to society and reduces the burden on correctional facilities. The inclusion of community service punishment in Law No. 1 of 2023 concerning the Criminal Code represents a progressive step in addressing the challenge of mass incarceration while promoting a more humane form of justice. Thus, community service punishment can be viewed as a tangible implementation of Satjipto Rahardjo’s theory of progressive law, which asserts that law must serve humanity, not the other way around.
PENERAPAN TATA KELOLA PEMERINTAHAN YANG BAIK DALAM PENGELOLAAN LEMBAGA PEMASYARAKATAN Francois Geny Ritonga
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 2 (2025): November
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

Corrections are an integral part of the integrated criminal justice system administered by the government as part of the law enforcement process in the context of service, guidance, and counseling for social reintegration. After a person is found guilty by a court decision, the next step is to serve a prison sentence in a correctional institution. This is done based on the principles of legal protection and respect for human rights. However, there are currently dynamics occurring in correctional institutions, including overcapacity, inadequate prison personnel, and other issues that hinder the management and guidance of the rehabilitation process for inmates. With the concepts of state administrative law, regarding the need to reconceptualize and improve government administration, particularly the principles of proper governance, both at the central and regional levels, it is hoped that slowly but surely, this will change the structure, instrumentation, and orientation of government administration towards good governance.. The purpose of this study was to Implementation of Good Governance in the Management of Correctional Institutions. The method used is a normative legal research method.
INTEGRASI KEADILAN RESTORATIF DALAM PROGRAM PEMBINAAN NARAPIDANA: MANFAAT MEDIASI KORBAN–PELAKU TERHADAP PENURUNAN RESIDIV Andree Washington Hasiholan
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 2 (2025): November
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

This study aimed to assess the effectiveness of integrating restorative justice into prisoner rehabilitation programs to reduce recidivism and improve social reintegration. The method used was a mixed-method design with a quasi-experimental quantitative approach comparing a group of prisoners who participated in victim-offender mediation within the rehabilitation program with a standard rehabilitation group, measured twelve months after release; and a qualitative approach through in-depth interviews with victims, prisoners, correctional officers, and community stakeholders, accompanied by a review of policy documents. Results showed that the mediation group experienced a decrease in recidivism, increased compliance, strengthened empathy, and improved social relationships compared to standard rehabilitation. Interviews revealed that success was influenced by the emotional readiness of the parties, the capacity of the facilitator, and family- and community-based post-release support. Conclusion: Integrating victim-offender mediation into correctional rehabilitation programs effectively reduces recidivism and improves the quality of reintegration, with the prerequisites of standardized implementation, cross-sectoral support, and protection mechanisms for victims; these findings provide the basis for policy formulation and long-term monitoring of outcomes.
PENGUATAN PEMBINAAN NARAPIDANA SEBAGAI UPAYA MENCEGAH KEJAHATAN” LEMBAGA PEMASYARAKATAN “SEKOLAH Lonna Yohanes Lengkong; Toga Lamhot Sinaga
GEVANGENEN Jurnal Pemasyarakatan Vol 1 No 2 (2025): November
Publisher : Pusat Kajian Lembaga Pemasyarakatan, Fakultas Hukum, Universitas Kristen Indonesia

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Abstract

The phenomenon of correctional institutions being perceived as “schools of crime” arises from interactions among recidivist inmates that may reinforce criminal behavior. The research problem focuses on identifying the characteristics and impacts of prisonization, as well as evaluating the effectiveness of inmate rehabilitation in preventing such stigma. The study employs a normative and empirical legal approach, analyzing correctional regulations alongside the social realities of inmates. Theoretical frameworks used include the concepts of prisonization, corrections as social rehabilitation, and corrective criminal law. The findings indicate that inmate rehabilitation requires strengthening through the enhancement of rights, facilities, vocational education, and the involvement of communities and the workforce to reduce the negative effects of incarceration. Conclusion: It is essential to emphasize that integrating rehabilitation programs with community participation is crucial to eliminating the “school of crime” stigma and supporting the healthy social reintegration of inmates—transforming them from mere subjects of punishment into empowered correctional residents.

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