ANALISIS YURIDIS RELEVANSI RUANG ISOLASI DALAM PEMIDANAAN INDONESIA BERDASARKAN PERSPEKTIF HAK ASASI MANUSIA DAN HAK NARAPIDANA

Abstract

Criminalization is a criminal imprisonment process for criminals, crimes that are often given are imprisonment, imprisonment in Indonesia is now known as penal. It does not only change from mentioning, but also changes to the criminal system itself, which in Penitentiary is focused on guidance, education, shelter of prisoners, no longer through torture as we usually know in the prison system. But without realizing there is a sanction imposed on inmates who violate the rules, where inmates are given sanctions placed in cells or isolation rooms which can provide psychological torture to inmates placed therein, and it is considered irrelevant to human rights especially The right not to be tortured, which is a right that cannot be restricted under any circumstances. The purpose of this thesis is: First, to find out the legal basis for the provision of isolation space in criminal proceedings in Indonesia. Second, to find out the relevance of placing prisoners in isolation based on a human rights perspective. And Third, to find out other alternatives that can be done besides placing prisoners in isolation
This type of research is normative legal research or also called doctrinal research, this type of legal research, often conceptualized law as what is written in the legislation (law in books). In collecting data as much effort as possible the data obtained or collected regarding problems related to this research, here the author will use data collection tools based on library studies, namely in the form of data sources obtained from: primary legal materials, secondary legal materials, legal materials tertiary, using library data collection techniques, and in a qualitative way by deductive thinking.
From the results of the research problem there is the main thing concluded. First, the isolation room is not relevant to human rights, because prisoners who are placed in isolation will get a kind of psychological torture on their soul and mentality, while we know the right not to be tortured is one of human rights that can not be restricted, Second, on the basis of irrelevant there must be other alternative sanctions that are more useful and useful while deterring prisoners.
Keywords: Criminalization - Human Rights – Isolation Room