Review of Biological Needs Fulfillment in Human Rights Review in Class IIA Penitentiary Serang

Married convicts need the right to fulfill their biological needs to maintain mental and physical health as well as their household, and prevent sexual deviant behavior. Indonesian prisons only focus on overcoming overcapacity, and tend to ignore the biological needs of prisoners, especially since the Class IIA Serang prison is mostly inhabited by married inmates. The fulfillment of biological needs is important, but so far this problem has not been facilitated because it is not regulated in regulations. The purpose of this study was to determine the fulfillment of the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary and to find out the obstacles and efforts to fulfill the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary. This study uses a normative juridical method through a qualitative approach. Data collection techniques used, namely literature study, interviews and observations. The results show that currently the Class IIA Serang Prison is experiencing overcapacity, the provision of a place to fulfill biological needs in the Class IIA Serang Prison is not implemented due to the absence of regulations, but the Class IIA Serang Prison has an alternative to meet the biological needs of its inmates. This writing results in an analysis of the mechanism for fulfilling sexual needs in Correctional Institutions through alternative models of the romance booth and the provision of Family Visiting Leave which is expected to reduce problems in Correctional Institutions. Keyword: Human Rights, Biological Needs, Correctional Institution Review of Biological Needs Fulfillment in Human Rights Review in Class IIA Penitentiary Serang Jurnal Nurani Hukum : Jurnal Ilmu Hukum, Vol. 4 No. 2 Desember 2021, ISSN.2655-7169 |71 ABSTRAK Narapidana yang sudah menikah membutuhkan hak dalam pemenuhan kebutuhan biologisnya untuk mempertahankan kesehatan mental maupun fisik serta rumah tangganya, dan mencegah perilaku penyimpangan seksual. Penjara Indonesia hanya berfokus pada mengatasi overcapacity, dan cenderung mengabaikan kebutuhan biologis bagi narapidana, apalagi Lapas Kelas IIA Serang banyak dihuni oleh narapidana yang sudah berstatus menikah. Pemenuhan kebutuhan biologis terbilang penting hanya saja, selama ini persoalan tersebut tidak terfasilitasi karena tidak diatur dalam regulasi. Tujuan penelitian ini adalah untuk mengetahui pemenuhan kebutuhan biologis narapidana dalam tinjauan hak asasi manusia bagi narapidana di Lembaga Pemasyarakatan Kelas IIA Serang dan untuk mengetahui kendala dan upaya dalam pemenuhan kebutuhan biologis narapidana dalam tinjauan hak asasi manusia bagi narapidana di Lembaga Pemasyarakatan Kelas IIA Serang. Penelitian ini menggunakan metode yuridis normatif melalui pendekatan kualitatif. Teknik pengumpulan data yang digunakan, yaitu studi pustaka, wawancara dan Observasi. Hasil penelitian menunjukan bahwa saat ini Lapas Kelas IIA Serang mengalami overcapacity, penyediaan tempat pemenuhan kebutuhan biologis di Lapas Kelas IIA Serang tidak dilaksanakan dikarenakan tidak adanya aturan, namun Lapas Kelas IIA Serang memiliki alternatif untuk memenuhi kebutuhan biologis narapidanya. Penulisan ini menghasilkan analisa dalam mekanisme pemenuhan kebutuhan seksual di Lembaga Pemasyarakatan melalui alternatif model bilik asmara dan pemberian Cuti Mengunjungi Keluarga yang diharapkan dapat mengurangi permasalahan di Lembaga Pemasyarakatan. Kata Kunci: Hak Asasi Manusia, Kebutuhan Biologis, Lembaga Pemasyarakatan Review of Biological Needs Fulfillment in Human Rights Review in Class IIA Penitentiary Serang 72 | Jurnal Nurani Hukum : Jurnal Ilmu Hukum, Vol. 4 No. 2 Desember 2021, ISSN.2655-7169 Introduction Biological needs are needs that are the same as other needs that need fulfillment. An inmate who is in a correctional institution should have this need, namely biological needs, in this case the concern is of course inmates who are married. Human rights are rights that humans have since they were born and are gifts from God Almighty. 1 Because prisoners are also humans, they are physically confined, it doesn't mean that their biological needs are also limited in their fulfillment.2 In Law Number 12 of 1995 concerning Correctional Prisoners, the rights of prisoners are regulated in Article 14, but this article does not regulate the rights of convicts who are married or have a family to get their biological needs fulfilled while the inmate is serving his sentence in prison. Coupled with the inmates being separated by their legal partners and in this case the prison does not have the facilities to fulfill these biological needs.3 If viewed from the perspective of human rights, the important point of fulfilling the right to the biological needs of a prison inmate should be related to three human rights, namely first, the right to form a family and the right to protection of privacy, second, the right to humane treatment, and third. , health and a decent life. 4Indonesian prisons are still a public concern because of the frequent 1 Maulana Ghalib As Shidqie, “Pengaturan Narapidana Dalam Mendapatkan Kebutuhan Biologis Selama Masa Hukuman Di Penjara Menurut Hukum Pidana Indonesia,” JOM VII, no. 2 (2020): 2. 2 Erwina Suhaila. Rahmamatul Hidayati and Budi Parmono, “Conjugal Visit Bagi Narapidana Untuk Memenuhi Kebutuhan Biologis,” Jurnal Dinamika 27, no. 9 (2021): 1296. 3 Chorina Puspita Dewi and Pudji Astuti, “Pengaturan Sarana Biologis Bagi Narapidana,” Jurnal Hukum 4, no. 2 (2017): 2. 4 Harison Citrawan, “Seksualitas Dalam Penajara: Studi Tentang Kebutuhan Biologis Narapidana Dari Perspektif Hak Asasi Manusia,” Jurnal Widyariset 16, no. 1 (2021): 32. occurrence of various problems of security and order disturbances, including riots and the escape of prisoners.5 It can be imagined how inmates for years serving their sentences in prison without being able to channel their biological needs, of course this is a pain for the inmates. For example, in 2016 Noim Baasyir, a terrorism convict who was placed in the Correctional Institution. Class IIA Pamekasan, angry because the request for facilities to have sex with his wife, was not fulfilled. This raises the importance of biological needs for married prisoners. Due to the absence of these facilities and the absence of regulation regarding this matter, it is hereby easily exploited by irresponsible parties to make this a business field for the sake of profit. Criminologist from the University of Indonesia, Iqrak Sulhin mentioned three factors causing disturbances in security and order in prisons, first, the poor condition of prisons as a result of overcapacity issues, second, the weak ability of prisons to fulfill the basic rights of prisoners, third, the creation of a prison culture that allows them to have a bargaining position, namely the informal relationship between inmates and officers through a relationship that occurs when both parties take advantage of conditions that can bring benefits.6 He impact of not fulfilling the biological needs of prisoners who are married or who are married can be sexual deviations among prisoners because their sexual desires cannot be fulfilled and the Penitentiary does not provide facilities for fulfilling these biological needs if it is done by inmates frequently it will certainly cause dangerous diseases, namely HIV/AIDS 5 Jumanter Lubis, Penerapan Hak-Hak Narapidana di Lembaga Pemasyarakatan Ditinjau dari Perspektif Hak Asasi Manusia (HAM) (Jakarta: Balitbangkumham Press, 2014). P. 1. 6 Lubis. Review of Biological Needs Fulfillment in Human Rights Review in Class IIA Penitentiary Serang Jurnal Nurani Hukum : Jurnal Ilmu Hukum, Vol. 4 No. 2 Desember 2021, ISSN.2655-7169 |73 then also when the inmates leave the prison, it is feared that it will become a habit that they bring from the prison, of course this will lead to new cases again. Until now, Indonesian prisons have only focused on the problem of overcapacity but there has been no significant solution in overcoming this, considering that the number of inmates who enter does not match the number of prisoners who leave. Many say that prisoners whose biological needs are not met then do deviant things because of the prison's overcapacity, even though overcapacity cannot be used as an excuse for irregularities committed by prisoners, it is because their sexual desires cannot be channeled properly. Fulfillment of biological needs in this case cannot be ruled out because of coaching in prisons with the hope that inmates can become members of society and return prisoners to become better individuals instead of having unhealthy behavior. The sexual needs that are difficult for prisoners to get in prisons are the only alternative that can be used by prisoners, namely by formal rules with leave rights contained in Law No. 12 of 1995, but these leave rights cannot be used as effective rules in fulfilling biological needs. prisoners because the conditions given are so strict and difficult. Coupled with the COVID19 pandemic, leave rights cannot be granted. This research answers the first two questions, How to fulfill the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary? And second, how are the obstacles and efforts in meeting the biological needs of prisoners in the review of human rights for prisoners at the Class IIA Serang Penitentiary? Biological needs are primary human needs that always demand fulfillment. Because they are in a correctional institution in one sex (male) society and last a long time, they will experience pain or lose one of them losing the opposite sex. For those who are already married, it is not easy to channel their biological needs.7 Biological needs are primary needs or the most important basic needs as well as eating, drinking, sleeping, breathing and so on. In family life, biological ne