Legal Protection for Women Recidivist Convicts in the Development Process in Correctional Institutions

Abstract

Corrections are a subsystem of criminal justice that organizes law enforcement in the field of treatment of detainees, children and inmates. Correctional law has not provided special treatment for female recidivists, which results in a lack of focus on rehabilitation and reintegration, ineffectiveness in preventing crime, lack of individualization approach. This study aims to analyze and find the reconstruction of legal protection regulations for female recidivists in correctional institutions based on the values of justice. The research used a socio legal research approach using primary and secondary data and qualitative analysis of data. The result of the research is that legal protection for female recidivists in correctional institutions has not yet realized the value of justice. In terms of legal substance, there is no coaching program that has formed special regulations in the form of laws and regulations, from the legal structure there is a lack of focus on rehabilitation and reintegration, ineffectiveness in preventing crime, from a recidivist legal culture that often focuses on separating individuals from society through prolonged punishment or detention long term, lack of opportunity for repentance and improvement. So that legal protection for female recidivists in fostering in prisons is based on values of justice, by reconstructing Article 36 paragraph (4) and Article 61 paragraph (2) of Law Number 22 of 2022 Concerning Corrections.

Keywords: Protection; Law; Prisoners; Recidivists; Women; Justice

DOI: 10.7176/JEP/14-36-04

Publication date: December 31^st 2023