Perlindungan Hukum Terhadap Narapidana Perempuan Bersama Balitanya Dihubungkan Menurut Teori Keadilan John Rawls

Abstract

Female prisoners in Indonesia need special treatment by the government, especially female prisoners who have young children. In the past 3 years, many female inmates have remained in custody even though they have young children or toddlers who must be supervised and fostered. Legal inequality in the criminal system in Indonesia still has an element of discrimination on certain sides in the handling of a case, so the response that the law is sharply downward blunt upwards has become an open secret among the public. Judging from these problems, the purpose of this study is to be a matter of concern and consideration by law enforcement that justice in giving judgments must be the same without any differences with all the same guidelines before the law. The research method used is literature by searching and observing library materials with descriptive analytics that pay attention to laws and regulations, legal theories, and legal principles related to the problem under study using qualitative juridical analysis and philosophical methods by showing a problem from a philosophical view by trying to answer or solve problems using speculative analysis and methods sociological, that is, the form of research in the processing and analysis of data does not use static, meaning that the data results obtained are not measured numerically. The results of this study should be that law enforcement can see gaps for those who are less fortunate by upholding social justice and all rules can be implemented as John Rawls' theory of justice.