YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://www.yustisia.unmermadiun.ac.id/index.php/yustisia <p><strong>YUSTISIA MERDEKA</strong> : Jurnal Ilmiah Hukum, published by the Faculty of Law, Universitas Merdeka Madiun, published every semester (two numbers a year) in March and September.<br />Contains manuscripts of research results, conceptual studies, critical analysis in the field of law, constitution and constitutional issues, with benefits and objectives for the development of Legal Science, by prioritizing the originality, specificity and up-to-date of articles in each publication. The purpose of the publication of this journal is to provide a space to publish the thoughts of original research,<br />academicians, namely students and lecturers who have never been published in other media.</p> <p><strong>YUSTISIA MERDEKA : Jurnal Ilmiah Hukum</strong></p> <p><strong>p-ISSN </strong> <strong>:</strong> <a title="Print ISSN" href="https://issn.brin.go.id/terbit/detail/1421034349" target="_blank" rel="noopener">2407-8778</a></p> <p><strong>e-ISSN :</strong> <a title="Online ISSN" href="https://issn.brin.go.id/terbit/detail/1492666389" target="_blank" rel="noopener">2580-0019</a></p> <p><strong>Indexed on DOI </strong></p> <p><a id="pub-id::doi" href="https://search.crossref.org/?q=YUSTISIA+MERDEKA+%3A+Jurnal+Ilmiah+Hukum&amp;from_ui=yes" target="_blank" rel="noopener">https://doi.org/10.33319/yume</a></p> <p>Accreditation in <a href="https://sinta.kemdikbud.go.id/journals/profile/3721" target="_blank" rel="noopener">SINTA 5</a></p> Universitas Merdeka Madiun en-US YUSTISIA MERDEKA : Jurnal Ilmiah Hukum 2407-8778 The Role Of Social And Psychological Support For Pregnant Women In Class II A Women's Correctional Institution, Semarang https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/292 <p><strong>Abstract</strong></p> <p><strong>Introduction to the Problem</strong></p> <p>Pregnant women in correctional facilities face unique challenges that affect their well-being and rehabilitation process. Incarceration can lead to increased psychological distress, social isolation, and inadequate access to essential healthcare services, including prenatal and postnatal care. The role of social and psychological support in correctional facilities is crucial to ensuring the well-being of pregnant inmates and their unborn children. However, in many institutions, the implementation of these support systems remains insufficient due to resource constraints, lack of trained personnel, and overcrowding. This study examines the extent to which social and psychological support is provided to pregnant women in the Women's Correctional Facility Class II A Semarang and identifies challenges in implementing these programs.</p> <p><strong>Purpose/Study Objectives</strong></p> <p>This study aims to analyze the role of social and psychological support for pregnant women in correctional facilities by assessing the availability and effectiveness of existing support programs, identifying challenges in their implementation, and evaluating their alignment with legal frameworks such as Law No. 22 of 2022 and Law No. 18 of 2014. Additionally, this research seeks to provide recommendations for improving social and psychological support in correctional settings, ensuring that pregnant inmates receive adequate care and assistance during their incarceration.</p> <p><strong>Design/Methodology/Approach</strong></p> <p>A qualitative research approach was employed to explore the experiences of pregnant women in correctional facilities and the implementation of support programs. Data were collected through in-depth interviews with pregnant inmates and correctional staff to understand their perspectives on social and psychological support. Observations were conducted within the correctional facility to assess the availability and quality of support services. Additionally, document analysis was performed on policies, regulations, and rehabilitation programs to evaluate their alignment with national legal frameworks and identify gaps in implementation.</p> <p><strong>Findings</strong></p> <p>The study found that social support is primarily provided through religious study groups and group counseling sessions, which help pregnant inmates cope with incarceration. However, psychological support remains limited due to a lack of trained staff and inadequate infrastructure. One of the main challenges in implementing these support systems is the limited availability of trained professionals, resulting in infrequent counseling sessions. Overcrowding within the facility also restricts access to private counseling and mental health services, making it difficult for inmates to receive individualized psychological care. Additionally, reproductive health services are infrequent, leading to inconsistent prenatal care for pregnant inmates. Furthermore, insufficient training for correctional staff results in a lack of understanding of the specific needs of pregnant women, further hindering the effectiveness of existing support programs.</p> <p>Although support programs align with legal regulations, their implementation remains suboptimal. To address these challenges, this study recommends increasing resource allocation to enhance support services, providing specialized training for correctional staff to better handle the needs of pregnant inmates, and improving facility infrastructure to create a more supportive environment. Strengthening these aspects will help ensure that pregnant women in correctional facilities receive the necessary social and psychological support to improve their well-being and rehabilitation outcomes.</p> <p><strong>Paper Type: </strong>Research Article</p> Mitro Subroto Desi Safitri Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 1 13 10.33319/yume.v11i1.292 Fulfillment Of Education And Skills For Children In Care https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/293 <p><strong><em>Abstract</em></strong></p> <p><strong>Introduction to the Problem</strong></p> <p>Children in conflict with the law often face multiple challenges, including social stigma, discrimination, and limited access to education and skills training. These barriers hinder their ability to reintegrate into society after completing their rehabilitation process. Education and vocational training are critical components in ensuring the successful rehabilitation of assisted children, as they provide them with opportunities for personal development, employment, and social reintegration. However, in many rehabilitation centers, educational programs remain inadequate, either due to a lack of resources, trained educators, or appropriate curriculum tailored to the specific needs of these children.</p> <p><strong>Purpose/Study Objectives</strong></p> <p>This research aims to analyze the fulfillment of education and skills development for assisted children within rehabilitation institutions. Specifically, it seeks to identify the challenges that hinder children in conflict with the law from accessing quality education and vocational training, examine the role of social support from families, rehabilitation institutions, and the broader community in motivating and assisting these children, evaluate the effectiveness of current educational programs, and propose recommendations for more inclusive and relevant educational initiatives that align with the needs of assisted children.</p> <p><strong>Design/Methodology/Approach</strong></p> <p>This research utilizes a qualitative approach, which is appropriate for exploring the experiences and perspectives of assisted children and stakeholders involved in their rehabilitation. The study employs in-depth interviews with assisted children, parents, and rehabilitation officers to gain insights into their experiences, challenges, and perceptions regarding educational programs. Observations were conducted within rehabilitation centers to assess the availability and effectiveness of educational resources, facilities, and teaching methods. Additionally, document analysis was carried out by reviewing reports from rehabilitation institutions, government policies, and non-governmental organizations (NGOs) to understand the existing frameworks and gaps in educational provisions for assisted children.</p> <p><strong>Findings</strong></p> <p>The research findings highlight several key aspects. First, many rehabilitation centers lack sufficient learning materials, qualified teachers, and structured curricula tailored to assisted children's needs, making educational fulfillment challenging. Second, social support plays a crucial role, as encouragement from families, rehabilitation officers, and society positively impacts children's motivation and educational success, while the absence of strong external support often leads to decreased self-confidence and learning persistence. Third, the study emphasizes the need for collaborative efforts, as effective educational programs require partnerships between government agencies, NGOs, and community organizations to provide funding, training, and sustainable learning opportunities. Furthermore, skill-based education proves to be highly beneficial, with practical training in areas such as vocational skills, entrepreneurship, and digital literacy increasing the employability of assisted children post-rehabilitation. Lastly, a well-structured education and training system significantly reduces the risk of recidivism by offering constructive future prospects and preventing re-engagement in criminal activities.</p> <p><strong>Paper Type:</strong> Research Article</p> Dimas Al Hakim Mitro Subroto Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 14 25 10.33319/yume.v11i1.293 The Role Of The Family In Supporting The Recovery Of Female Prisoners In Prison Institutions https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/294 <p><strong><em>Abstract</em></strong></p> <p><strong>Introduction to the Problem:</strong></p> <p>Women prisoners often experience high levels of stress and stigma, which can hinder their rehabilitation and reintegration into society. One crucial yet often overlooked factor in their recovery process is the role of family support. Emotional and practical assistance from family members can significantly impact their mental well-being and overall rehabilitation journey. However, the extent and effectiveness of this support within correctional institutions remain underexplored.</p> <p><strong>Purpose/Study Objectives:</strong></p> <p>This research aims to analyze the role of family support in aiding the recovery of incarcerated women. Specifically, it seeks to examine how emotional, financial, and educational support from family members contributes to the rehabilitation process. Additionally, the study explores the need for family training programs to enhance their ability to assist in the reintegration process.</p> <p><strong>Design/Methodology/Approach:</strong><br />A qualitative research approach was employed to gain an in-depth understanding of the dynamics of family support for incarcerated women. The study utilized in-depth interviews with women prisoners and their family members to gather firsthand insights into the nature and impact of familial assistance. The qualitative methodology allowed for a comprehensive exploration of emotional, financial, and educational support mechanisms within the correctional setting.</p> <p><strong>Findings:</strong><br />The research findings indicate that family support plays a crucial role in the rehabilitation of women prisoners. Emotional support from family members helps alleviate stress and provides motivation for inmates to engage in rehabilitation programs. Financial support enables access to better healthcare and personal necessities, improving their well-being during incarceration. Furthermore, active family involvement in educational and skills training programs enhances the chances of successful reintegration into society post-release. The study also highlights the need for structured family training programs to equip relatives with the necessary knowledge and skills to support rehabilitation effectively. These findings underscore the importance of correctional institutions incorporating family-inclusive rehabilitation strategies to foster a more supportive environment for women prisoners.</p> <p><strong>Paper Type: </strong>Research Article</p> Mitro Subroto Fahreza Alif Ramadhan Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 26 37 10.33319/yume.v11i1.294 Legal Certainty on Corruption in Banking offences in the Indonesian Criminal Justice System https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/322 <p><strong>Introduction to the Problem: </strong>Corruption is one of the most damaging crimes to a country's economy. One of the corruption cases in Indonesian banking through a fictitious credit scheme as happened in Bank Jabar Banten (BJB) Tangerang Branch proves how important the application of law is to overcome corruption in banking.</p> <p><strong>Purpose/Study Objectives: </strong>The challenges that the author will study can be formulated based on the background of the problems described above, namely: 1). How is the legal analysis of banking corruption based on court decisions in Indonesia? 2). How is the construction of legal certainty governing criminal offences of banking corruption in Indonesia?.</p> <p><strong>Design/Methodology/Approach: </strong>Normative research was the methodology used. Banking crime is a broad category of crime that occurs within the banking industry, according to the research findings. Due to the complexity of these crimes, the Corruption Act is used in the prosecution of the perpetrators.</p> <p><strong>Findings: </strong>The results of this study indicate that criminal offences occurring in the banking sector in the case of Bank Jabar Banten (BJB) Tangerang Branch can be applied to the Corruption offence as “Lex Specialis” even though the modus operandi falls into the territory of other laws and regulations, namely the Banking Law, but the defendant's “Mens Rea” and the elements that are more fulfilled are the articles of corruption so that the application of the Corruption offence to the defendant Bank Jabar Banten (BJB) Tangerang Branch is appropriate. Juridical construction in the crime of banking corruption based on the justice system in Indonesia can be built through the approach of the principle of “logische specialiteit”, the principle of “systematische specialiteit”, the principle of “Lex Consumen Derogat Legi Consumptae”.</p> <p><strong>Paper Type: </strong>General Review</p> Mohammad Choirul Anam Dien Nufitasari Retno Catur Kusuma Dewi Bambang Sukarjono Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 38 55 10.33319/yume.v11i1.322 Fulfillment Of Women's Rights In Prisons https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/295 <p><strong><em>Abstract</em></strong></p> <p><strong>Introduction to the Problem:</strong></p> <p>Women in correctional institutions have specific needs that must be met, particularly regarding the right to health, protection from violence, and rehabilitation and social reintegration programs. However, in practice, the fulfillment of these rights is often not optimal due to various challenges, including limited facilities, the lack of gender-sensitive policies, and rehabilitation programs that do not adequately address their needs.</p> <p><strong>Purpose/Study Objectives:</strong></p> <p>This study aims to analyze the extent to which women's rights are fulfilled in correctional institutions, focusing on three main aspects: the right to health, protection from violence, and rehabilitation and social reintegration programs.</p> <p><strong>Design/Methodology/Approach:</strong></p> <p>This research employs a qualitative approach using interviews, observations, and documentation methods. Data is collected through interviews with female inmates and correctional officers, direct observation of prison conditions, and an analysis of relevant policies and regulations.</p> <p><strong>Findings:</strong></p> <p>The findings indicate that the fulfillment of women's health rights in correctional institutions is still not optimal, particularly in reproductive health, due to limited health facilities and services. Additionally, protection from physical and psychological violence is inadequate due to a lack of gender-sensitive supervision and training for officers. The available rehabilitation programs are also considered irrelevant to the specific needs of female inmates, especially in preparing them for reintegration into society after serving their sentences. Therefore, improvements in health facilities, gender-sensitive officer training, and more inclusive rehabilitation programs for female inmates are necessary.</p> <p><strong>Paper Type: </strong>Research Article</p> Mitro Subroto Heruda Ortega Sinurat Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 56 67 10.33319/yume.v11i1.295 The Role Of Parents In The Mental Recovery Of Children In Conflict With The Law https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/296 <p><strong><em>Abstract</em></strong></p> <p><strong>Introduction to the Problem: </strong>Children in conflict with the law often experience psychological distress, including feelings of guilt, shame, and social exclusion. Parental support plays a crucial role in their mental recovery, but parents also face challenges such as societal stigma and pressure, which may impact their ability to provide effective emotional support.</p> <p><strong>Purpose/Study Objectives: </strong>This study aims to explore the role of parents in the mental recovery of children in conflict with the law and to understand the challenges parents face in providing support.</p> <p><strong>Design/Methodology/Approach: </strong>A qualitative research approach was employed using in-depth interview techniques. The study involved 10 parents whose children have been involved in legal cases, allowing for an in-depth exploration of their experiences and perspectives.</p> <p><strong>Findings</strong>: The study found that emotional support from parents is crucial in helping children cope with guilt and shame while encouraging them to focus on a better future. However, parents often struggle with social stigma and pressure from their surroundings, which can affect their ability to provide support. The findings highlight that the active involvement of parents in the rehabilitation process, along with community support, plays a vital role in the mental recovery of children in conflict with the law. These insights can help practitioners and policymakers develop more effective intervention programs for both children and their families.</p> <p><strong>Paper Type: </strong>Research Article</p> Mitro Subroto Muhamad Apri Hidayat Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 68 78 10.33319/yume.v11i1.296 The Urgency Of Fulfilling The Rights To Health Of Elderly Prisoners In Prisons https://www.yustisia.unmermadiun.ac.id/index.php/yustisia/article/view/300 <p><strong>Abstract</strong></p> <p><strong>Introduction to the Problem:</strong> Elderly prisoners face significant challenges in accessing adequate healthcare within correctional institutions. Limited facilities, lack of trained personnel, and ineffective implementation of health policies contribute to disparities in healthcare services, affecting their physical and mental well-being.</p> <p><strong>Purpose/Study Objectives:</strong> This study aims to explore the urgency of fulfilling the health rights of elderly prisoners, identifying barriers to healthcare access and proposing systemic improvements to enhance their well-being.</p> <p><strong>Design/Methodology/Approach:</strong> The research employs a qualitative approach, collecting data through in-depth interviews with 15 elderly prisoners and 10 prison officers, as well as conducting observations on prison health conditions.</p> <p><strong>Findings:</strong> The study highlights several key issues, including inadequate healthcare facilities, insufficient medical resources, and a lack of proper training for prison officers. Additionally, existing health policies in prisons are not effectively implemented, leading to disparities in healthcare access. The research emphasizes the need for systemic improvements, such as officer training and policy reinforcement, to ensure better healthcare for elderly prisoners.</p> <p><strong>Paper Type:</strong> This is an empirical research study based on qualitative analysis.</p> Mitro Subroto Ronaldo Efraim Lubis Copyright (c) 2025 YUSTISIA MERDEKA : Jurnal Ilmiah Hukum https://creativecommons.org/licenses/by/4.0 2025-04-29 2025-04-29 11 1 79 85 10.33319/yume.v11i1.300