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PANDANGAN NARAPIDANA PEREMPUAN TERHADAP CONJUGAL VISIT (STUDI PADA LAPAS PEREMPUAN KELAS II B YOGYAKARTA)
This research is motivated by the absence of a conjugal visit policy (private husband-wife visitation) within Indonesia’s correctional system, particularrly at the Class II B Women’s Correctional Facility in Yogyakarta. This normative vacuum potentially disrupts marital harmony, triggers psychological issues, and result in the unmet biological needs of female inmates. The study focuses on three main problem (1) the perceptions and attitudes of female inmates toward conjugal visits, (2) the reasons behind the absence of this policy and how inmate’s needs are fulfilled during imprisonment, and (3) a policy analysis through Maslow’s Hierarchy of Human Needs and the concept of maṣlaḥah mursalah. This empirical legal research employs a qualitative approach supported by preliminary quantitative data. Primary data were collected through questionnaires distributed to 30 married female inmates and in-depth interviews with inmates and two correctional officers. Data analysis was conducted using descriptive quantitative and thematic analysis, as well a theoretical normative analysis based on Maslow’s and Agl-Ghazali’s frameworks. The results show that (1) inmate’s view are polarized 17 out to 13 respondents agree with the implementation of conjugal visits, citting phyiological and love/belonging needs and the desire to maintain marital harmony, meanwhile 13 respondents disagree, prioritizing safety, self-actualization, and cultural-ethical considerations. (2) The absence of this policy is influenced by four main factors, lack of legal foundation, institutional concerns regarding safety and pregnancy risks, limited human and facility resources, and prevailing moral-cultural values. Family harmony is instead maintained through limited communication such as video call or non private visits, while biological needs are managed through selfrestaint, fasting, or worship. This condition has shown to increase the risk of deviant behavior among inmates. (3) Theoretically, Maslow’s analysis indicates that conjugal visits play a crucial role in fulfilling physiological (level 1) and love/belonging (level 3) needs, though their implementation intersects with safety (level 2) and self actualization (level 5) priorities. From Al-Ghazali’s maṣlaḥah perspective, the policy is categorized as maṣlaḥah al-ḥājiyyāt (alleviating hardship) within the family context, with the potential to become al-ḍarūriyyāt (perserving life and lineage).
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203012064 Salma Fathimah Az-Zahra, S.H.
PANDANGAN NARAPIDANA PEREMPUAN TERHADAP CONJUGAL VISIT (STUDI PADA LAPAS PEREMPUAN KELAS II B YOGYAKARTA) (Text)
PANDANGAN NARAPIDANA PEREMPUAN TERHADAP CONJUGAL VISIT (STUDI PADA LAPAS PEREMPUAN KELAS II B YOGYAKARTA) (Other)
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