Criminal Law Policies in Fulfilling the Rights of Elderly Prisoners in Indonesia
Arif Rohman (a*), Mansyur (a), Syafruddin (a)

a) Law Faculty, Universitas Borneo Tarakan, Jalan Amal Lama Nomor 1 Tarakan
*arifrohman_ubt[at]yahoo.com

Abstract

Criminal law is a formalized body of law that ensures perpetrators of crime are subject to criminal sanctions irrespective of their age. It proscribes threatening and harmful human behavior, which endangers society^s property, health, safety, and moral welfare. However, the application of criminal law also needs to pay attention to the full limitations of Indonesian citizens^ fundamental rights. Therefore, this study aims to determine the criminal law policies in fulfilling elderly prisoners^ rights in Indonesia. Data were obtained from doctrinal law research in accordance with Law No. 12/1995 and statutory regulation of the Minister of Law and Human Rights No. 32/2018. This study^s success is based on the analysis of the principle and synchronization of legal materials and obtained data. The results showed that the prison policy in Indonesia is not accompanied by the government^s seriousness in developing a more human environment for elderly prisoners. This is because not every correctional institution has infrastructure and facilities built based on regulations. Therefore, there is a need to create more specific policies for this category of people, such as parole, along with other policies suitable for those with disabilities.

Keywords: Policy, Criminalization, Prisoners, Elderly, Human Rights

Topic: Human Rights