REFORMASI PENOLOGI: URGENSI PENEMPATAN DAN PEMBINAAN BAGI NARAPIDANA TRANSGENDER DI INDONESIA

Abstract

The emergence of the phenomenon of transgender people in Indonesia as a criminal subject raises the question of how to treat the law enforcement process until a transgender person becomes an inmate. This research aims to determine the placement and the coaching system of transgender inmates based on the current Correctional System (ius operatum) and formulate an Ius Contituendum for transgender inmates. This research is a normative legal study that is supported by the interview of the source. Data and documents obtained from literature research are analyzed descriptively qualitatively. The results show that the current placement and the inmate development system of transgender inmates refer to the prevailing correctional system, so they are not placed in special cells nor treated with a specific transgender inmate development system. The correctional system essentially has a soft law that accommodates the guaranteed legal protection and fulfillment of the rights of transgender inmates. Furthermore, the direction of legal development in the correctional system and criminal law has adhered to the principle of criminal individualization that focuses on the process of inmate development and mentoring according to the individual characteristics of each inmate. Therefore, ius constituendum for transgender inmates is the establishment of a specific cell that separates transgender inmates from male and female inmates, as well as a specific inmate development pattern given according to transgender inmates’ needs for them to be rehabilitated.