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Jurnal Hukum dan Konstitusi
Published by anwarpublisher
ISSN : 31097359     EISSN : 31097359     DOI : https://doi.org/10.64272/hm8f2b42
Core Subject :
Jurnal Hukum dan Konstitusi is an open access and peer-reviewed journal that aims to disseminate the results of research or conceptual studies on criminal verdicts, criminal justice, human rights crimes, child criminal cases that conflict with the law, and correctional.
Arjuna Subject : -
Articles 35 Documents
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Normative Analysis of Sexual Deviance Phenomena in Class IIB Tulungagung Penitentiary: Analisis Normatif Fenomena Penyimpangan Seksual di Lembaga Pemasyarakatan Kelas IIB Tulungagung Donny Cahyo Arganata
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 2 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/8v461w82

Abstract

There has been an increase in cases of sexual deviation in correctional institutions due to overcrowding conditions and minimal fulfillment of the biological needs of prisoners. Law Number 22 of 2022 concerning Corrections is considered not to have provided a specific normative umbrella to regulate and handle this phenomenon, so that sexual deviation practices ranging from masturbation, fantasy to same-sex relationships and sexual transactions continue to occur in various prisons, including Class IIB Tulungagung Prison. The purpose of this study was to analyze the provisions of Law Number 22 of 2022 concerning Corrections regulating the phenomenon of sexual deviation in Class IIB Tulungagung Correctional Institution. The research method is normative juridical with literature studies. The results of the study show that Law 22/2022 emphasizes the aspect of restorative justice and the fulfillment of family leave rights, but does not contain explicit provisions regarding conjugal visits or psychosexual counseling services. The implementing regulations are still general in nature regarding security and administrative sanctions, without rehabilitative guidelines. In conclusion, the handling of sexual deviations in Class IIB Tulungagung Prison is still reactive and fragmentary, requiring regulatory revisions to accommodate conjugal visits, strengthening psychosexual
The Role Of Mass Media In Building An Anti-Corruption Culture In Society: Peran Media Massa Dalam Membangun Budaya Anti Korupsi di Masyarakat Chairunnisa Hewi Wasistha
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 2 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/drahb645

Abstract

Corruption is an extraordinary crime that has a systemic impact on government stability, the national economy, and public trust. The increasingly complex and widespread phenomenon of corruption in Indonesia requires a multidimensional approach in eradicating it. One relevant approach is strengthening the role of the mass media as the fourth pillar of democracy. This study aims to examine the strategic role of the mass media in building an anti-corruption culture in Indonesian society. The research method used is a qualitative approach with literature studies as a data collection technique. Data were analyzed descriptively through a study of academic references, media reports, and data from anti-corruption institutions. The results of the study show that the media has two main roles, namely as a social monitor that reveals corruption cases and as a public education agent that forms critical public awareness of the dangers of corruption. The media has also proven to be able to encourage accountability of state institutions and shape public opinion through critical, independent, and data-based coverage. In conclusion, the mass media has an important contribution to efforts to eradicate corruption, both through the delivery of transparent information and the formation of an anti-corruption culture in society. Therefore, press freedom and media professionalism need to be maintained and strengthened as part of a national strategy against corruption..  
Legal Difect Community Research on Children Delicution of Psychosocial and Rehabilitative Needs of Children in Conflict with the Law: Legal Difect Penelitian Kemasyarakatan pada Anak Delikuensi Kebutuhan Psikososial dan Rehabilitatif Anak yang Berkonflik Dengan Hukum Fajar Iman Nugraha; Delvara Aulauora
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 1 (2024): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/yqpbpe26

Abstract

Frequent errors in making social research can cause harm to children in conflict with the law, which in the legal context is referred to as a legal defect. This research aims to analyze juridically legal defects in social research and the important role of community counselors and judges in the juvenile criminal justice system. The research method uses qualitative research with a normative juridical approach. The research results show that legal defects in social research can influence the quality of recommendations received by judges, which in turn have an impact on decisions taken in children's cases. Thus, a restorative justice approach is adopted to ensure fairer decisions, taking into account psychosocial and rehabilitative aspects for children. Then, the importance of multidisciplinary collaboration between community counselors, judges and social workers is key in ensuring fair and effective decision making. It is hoped that this research can contribute to improving the quality of societal research and strengthening the protection of children's rights in the criminal justice system.  
Review of Normative Law in Children's Involvement in Adult Crime: Tinjauan Hukum Normatif Dalam Keterlibatan Anak Pada Pidana Dewasa Ahmad Ali Nur Saidi; Annisa Apriliana
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 1 (2024): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/6r59xs20

Abstract

The phenomenon of child involvement in adult criminal cases is becoming increasingly evident in Indonesia, with various criminal cases involving children as perpetrators. There are several cases that show a trend of increasing involvement of children in adult crimes. The aim of this research is to explain the normative legal review of children's involvement in adult crime. This research will use qualitative research methods involving normative legal case analysis and literature studies. The results of the research show that the child perpetrator in the case of planned serious abuse, using AG case research, was sentenced to 3.5 years in prison for his involvement in the planned serious abuse of the victim David Ozzora. AG was found guilty and sentenced to prison at the Special Children's Development Institute because he was legally and convincingly proven to have committed the crime of serious abuse with prior planning. The conclusion is that there is a balance between justice, rehabilitation and protection of children's rights. The handling of cases like this underscores the importance of a juvenile criminal justice system that focuses on rehabilitative and restorative approaches, while still considering the seriousness of the offense and the need for victim protection.
Optimizing Health Services for Elderly Inmates at Wonosari Class IIB Penitentiary: Optimalisasi Pelayanan Kesehatan Terhadap Warga Binaan Pemasyarakatan Lanjut Usia di Lembaga Pemasyarakatan Kelas IIB Wonosari Arsy Eza Atalla
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 1 (2024): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/zcn5qz31

Abstract

Penelitian ini bertujuan untuk mengidentifikasi faktor-faktor yang mempengaruhi kualitas pelayanan kesehatan serta memberikan rekomendasi untuk meningkatkan efektivitasnya. Metode yang digunakan adalah pendekatan kualitatif dengan pengumpulan data melalui wawancara, observasi, dan studi dokumentasi. Hasil penelitian menunjukkan bahwa meskipun ada upaya dari pihak Lapas untuk memberikan pelayanan kesehatan, masih terdapat berbagai tantangan seperti keterbatasan fasilitas, tenaga medis, serta kesadaran akan pentingnya perawatan kesehatan di kalangan lansia. Oleh karena itu, diperlukan perbaikan dalam aspek infrastruktur, pelatihan bagi petugas kesehatan, serta pengembangan program yang lebih spesifik dan adaptif terhadap kebutuhan kesehatan lansia. Optimasi pelayanan kesehatan yang berbasis pada pendekatan holistik, yang melibatkan aspek fisik, mental, dan sosial, diharapkan dapat meningkatkan kesejahteraan warga binaan lansia di Lembaga Pemasyarakatan Kelas IIB Wonosari.
Juridical Review of Security Preventive Efforts to Prevent Organized Crime in Correctional Institutions in Indonesia: Tinjauan Yuridis Upaya Preventif Keamanan Pencegahan Kejahatan Terorganisir Dalam Lembaga Pemasyarakatan di Indonesia George Rudolf Jacob Adrian Riupassa; Orpha Riupassa
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 1 (2024): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/3qa44z87

Abstract

Preventing organized crime in correctional institutions is a serious challenge that involves linking inmates with external networks. This crime is very common in the prison environment, so it needs serious handling. The aim of this research is to understand the legal framework governing prevention and identify weaknesses in its implementation. Effective prevention efforts, through legal and rehabilitation approaches to reduce the risk of crime. The research method uses normative juridical and empirical juridical to analyze efforts to prevent organized crime in prisons, as well as actions taken by community counselors and law enforcement officers in accordance with applicable regulations. The results of the discussion show that prisoner development, stricter supervision, education regarding the impact of organized crime, as well as the application of information technology to increase the effectiveness of supervision. Prevention of organized crime in correctional institutions (prisons), its implementation still faces various challenges. Based on interviews with community counselors and prison officers in prisons, although Law no. 22 of 2022 concerning Corrections provides a solid legal basis for rehabilitation, supervision and prevention of organized crime, implementation in the field is still hampered by various obstacles. The conclusion is that one of the main problems faced is limited adequate facilities and infrastructure, as well as a lack of adequate training for prison officers to identify and deal with potential threats from organized crime. Although surveillance technology such as CCTV and data-based reporting systems have begun to be implemented, the use of this technology is not yet optimal due to limited budgets and lack of integration between existing systems.
Analysis of Community Research Results as a Consideration for Providing Diversion to Children in Conflict with the Law: Analisis Hasil Penelitian Kemasyarakatan sebagai Pertimbangan Pemberian Diversi kepada Anak yang Berkonflik Dengan Hukum Halilullah Riza Muhammad; Setiawan Budi Arif; Prasojo Setyo Pamungkas
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 1 (2024): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/cy06wy51

Abstract

This research investigates the important role of social workers in implementing Community Research Reports  in the juvenile criminal justice process, with a focus on cases at the Mataram District Court. The research method uses a descriptive-analytic method and a juridical-normative approach. This research evaluates the integration of sociological, psychological and criminological aspects of children in Community Research Reports. In addition, this research examines a specific case involving a second grade student at High  School Mataram who was involved in a fatal traffic accident, as intended in Article 310 paragraph 4 of Law Number 22 of 2009 concerning Road Traffic and Transportation. Findings reveal that social workers play an important role in bridging Community Research Reports outcomes and legal considerations. The research results show that there are inconsistencies in its implementation. This study highlights the need for increased collaboration between social workers and the courts to ensure court decisions are aligned with the child's best interests. Furthermore, this underlines the implications of traffic accidents for teenagers in conflict with the law. This research provides significant insight into the effectiveness of Community Research Reports and the juvenile criminal justice system in Indonesia. Therefore, there is a need to increase awareness of the importance of supervising and assisting children in driving, as well as implementing stricter rules regarding driving permits for teenagers.
Fights Between Inmates: A Case Study of the Class IIA Karang Intan Narcotics Penitentiary: Perkelahian Antarwarga Binaan: Studi Kasus Lembaga Pemasyarakatan Narkotika Kelas IIA Karang Intan Indaka Prasetyo
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 2 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/c40va972

Abstract

Corrections are an important component in the criminal justice system which aims to maintain public security, provide rehabilitation, and provide sanctions for law violators. Correctional Institutions (Lapas) have a central role in the correction of prisoners. Fights in prison are physical or verbal conflicts between inmates that can result in physical injury or death. Factors that trigger fights involve tension, personal conflict, competition, or differences of opinion that are not resolved peacefully, as well as internal and external problems. The case of a fight at Karang Intan Narcotics Prison, which resulted in the death of an inmate, highlights the seriousness of this problem. This research uses the case study method. Two research objectives are to identify the causes of fights in Karang Intan Narcotics Prison and analyze the role of legal and correctional politics in dealing with the problem of fights in correctional institutions. The importance of the role of legal and correctional politics in dealing with fighting in prisons, especially in the context of narcotics, is emphasized, including supervision, policy, infrastructure reform and rehabilitation programs. Prevention of narcotics use is also a key aspect. Handling the problem of fighting requires commitment and cooperation between the government, correctional authorities, NGOs and related parties. Holistic reforms in the correctional system, including infrastructure improvements and strict supervision, are expected to create a safe and rehabilitative environment at Karang Intan Narcotics Prison.
Mitigating Recidivism Through Guidance, Supervision and Integration of Cognitive Psychological Interventions by Community Counselors: Mitigasi Residivisme Dengan Proses Pembimbingan, Pengawasan dan  Integrasi Intervensi Psikologis Kognitif oleh Pembimbing Kemasyarakatan Fajar Iman Nugraha
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 2 (2025): JIC : Jurnal Hukum dan Konstitusi
Publisher : anwarpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/260emr10

Abstract

The Correctional Center plays an important role in guiding probationers with the aim of moral, behavioral, and intellectual rehabilitation, as well as reducing recidivism and supporting their reintegration into society. However, the phenomenon of labelling from the community toward probationers who have committed legal violations becomes a challenge in this rehabilitation process. This study aims to analyze the role of community counselors in addressing labelling and its impact on recidivism mitigation, as well as to provide an understanding of the importance of community counselors in ensuring probationers are accepted back into society without stigma. The research method used is a descriptive qualitative approach through in-depth interviews with community counselors and probationers, as well as a literature review on relevant regulations and labelling theory. The results of the study show that community counselors play a vital role in preventing labelling by providing intensive guidance to probationers and involving the community in their social reintegration, although challenges remain in the community's perspective, which often perceives probationers as unchangeable. In conclusion, community counselors must manage the relationship between probationers and society well and provide education to reduce social stigma so that the rehabilitation process can proceed effectively.
Implementation of Homosexual Deviance Control Efforts in Sukadana Class IIB Prison: Implementasi Upaya Pengendalian Penyimpangan Homoseksual di Rutan Kelas IIB Sukadana Edo Prihantoro
JIC : Jurnal Hukum dan Konstitusi Vol. 1 No. 2 (2025): JIC : Jurnal Hukum dan Konstitusi
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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64272/rpdc0641

Abstract

Homosexuality itself is not something new, it was even once a culture that was prevalent in society in the past, such as the cities of Sodom, Amurah, Adma', Sabubim, and Bala'. The purpose of the research was to determine the effectiveness of controlling homosexual deviations in the Class IIB Sukadana State Prison (Rutan). The research method was qualitative, especially by studying various literature as analysis material and then responding to problems that were expressed in narrative form. The results of the study showed that deviant behavior can occur anywhere, both in families and in society, the symptoms of this tendency are influenced by the personality factors of each individual, where the factors that form personality are mainly biological factors, such as genetic factors in forming personality. While from social heredity it is more influenced by the form of wrong socialization. Supporting factors for Community Leaders in anticipating LGBT (Lesbian, Gay, Bisexual, and Transgender) behavior are community participation in combating LGBT behavior, and support from the government and religious and formal educational institutions. efforts to control homosexual deviations where the prison authorities, in addition to providing socialization and counseling regarding the dangers of AIDS/HIV caused by homosexual deviant behavior, the prison authorities also provide forms of guidance for both personality and independence.

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