MODEL PEMBINAAN DAN HAK-HAK BAGI NARAPIDANA YANG HAMIL, MENYUSUI DAN MEMILIKI ANAK PERSPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM ( STUDI KASUS LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS II A MALANG)

Kuni Zakiyah, NIM.: 19103040011 (2023) MODEL PEMBINAAN DAN HAK-HAK BAGI NARAPIDANA YANG HAMIL, MENYUSUI DAN MEMILIKI ANAK PERSPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM ( STUDI KASUS LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS II A MALANG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

Preview	Text (MODEL PEMBINAAN DAN HAK-HAK BAGI NARAPIDANA YANG HAMIL, MENYUSUI DAN MEMILIKI ANAK PERSPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM ( STUDI KASUS LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS II A MALANG)) 19103040011_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf - Published Version Download (4MB) | Preview
	Text (MODEL PEMBINAAN DAN HAK-HAK BAGI NARAPIDANA YANG HAMIL, MENYUSUI DAN MEMILIKI ANAK PERSPEKTIF HUKUM NASIONAL DAN HUKUM ISLAM ( STUDI KASUS LEMBAGA PEMASYARAKATAN PEREMPUAN KELAS II A MALANG)) 19103040011_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (4MB) | Request a copy

Abstract

Prisoners have rights that they own, are recognized and protected by national law as well as Islamic law (Al-Qur'an and As-Sunnah). Men and women inmates are equal before the law. However, due to the different nature and weaknesses of women from men, especially prisoners who are pregnant, breastfeeding and have children, women prisoners are treated differently in positive law and Islamic law. This study aims to determine the rights and models of guidance in Class II A Malang Women's Prison for convicts who are pregnant, breastfeeding and having children have been fulfilled as stipulated in national law and Islamic law. Moreover, in Indonesia there is often an excess of prisoner capacity, a lack of funds from the government, weak security, and a lack of coaching facilities which often occur in several regions in Indonesia. Some of the problem formulations obtained include the model of guidance and the rights of inmates who are pregnant, breastfeeding and having children in the perspective of national law and Islamic law in Class II A Penitentiary in Malang and what obstacles hinder its development and fulfillment. rights in Class II A Lapas Malang. This writer uses the data analysis method used in the research, which will be analyzed qualitatively which conclusions can be drawn through deductive methods. This research is descriptive-analytical in nature, namely the method of describing or giving an overview of an object studied through direct interviews, observations and documents as well as field notes. Data sources were collected through interviews, direct observation and documentation. The author uses Satijipto Raharjo's theory of legal protection which embodies protection that is not only adaptive and flexible, but also predictive and anticipatory. In addition, the author also uses the maslahah theory of Imam Al-Ghozali and maqāṣid asy-syarīʿah which originates from the Qur'an and Sunnah. The results of the study showed that the Class II A Malang Women's Penitentiary Institute in its training for convicts who are pregnant, breastfeeding and having children during a pandemic and post-pandemic is sufficient in accordance with the provisions of statutory regulations and Islamic law, and receives coaching in the form of religious guidance which is not too burdensome and burdensome. Meanwhile, with regard to the fulfillment of the rights of convicts who are pregnant, breastfeeding and having children at the Class II A Women's Prison in Malang, some of them have been fulfilled and are in accordance with national law and Islamic law, however, some have not been fulfilled to the fullest because of several constraints such as the number of inmates overloaded, lack of funds from the government, lack of medical personnel and several other obstacles.

Share this knowledge with your friends :

Actions (login required)

View Item