PERLINDUNGAN NARAPIDANA TERHADAP TINDAKAN KEKERASAN ANTAR NARAPIDANA DALAM SISTEM PERMASYARAKATAN (STUDI KASUS LAPAS KELAS IIB SLEMAN)

Muhammad Satryo Aryaguna, NIM.: 20103040145 (2024) PERLINDUNGAN NARAPIDANA TERHADAP TINDAKAN KEKERASAN ANTAR NARAPIDANA DALAM SISTEM PERMASYARAKATAN (STUDI KASUS LAPAS KELAS IIB SLEMAN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

As a country that recognizes the protection of human rights. Indonesia is fully commited to protecting every citizen rights without exception. Of course this also applies to prisoners. A prisoners have the rights to several things, including protection from violence perpetrated by fellow inmates. The Class IIB Sleman Penitentiary has an important role in preventing and dealing with criminal acts violence perpetrated by fellow inmates. However, in reality, violence between prisoners still often occure, which is part of taking away a prisoner‟s rights. So the question arises to what extent the role of the Class IIB Sleman Penitentiary to enforce the law and protect prisoners from acts of violence between prisoners. This research is a descriptive empirical research with an empirical juridical approach. Primary data sources were obtained from interviews with Class IIB Sleman Penitentiary officer. Secondary data sources were obtained from laws and regulations, books, and journals. Data collection techniques were carried out by interview some resource person, observing prisoners activity and literature study. Then in analyzing, the authors used the theory of law enforcement initiated by Sudikno Mertokusumo. And legal protection theory by Philipus M Hadjo. The result of this research show that law enforcement carried out by tha Class IIB Sleman Penitentiary still has the potential to be difficult to enforce, especially from the juridical and philosophical aspects because the absence of legal certainty will give rise to subjectivity and will result in injustice. Meanwhile the legal protection implemented by Class IIB Sleman Penitentiary has been optimal because they have applied the theory of preventive law enforcement with emotional approach that listen to all parties conveying their wishes. Also repressive legal protection which is implemented after preventive measures have failed. And the punishment is imposed in accordance with regulation applicable.

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