Legal Vacuum In The Treatment Of Prisoners With Mental Health Disorders In Correctional Institutions

Abstract

The correctional system in Indonesia still faces various challenges in providing proper treatment for inmates with mental health disorders. One of the main issues is the legal vacuum in the regulations governing the treatment of inmates with such conditions. Although several regulations have addressed the basic rights of inmates, including the right to healthcare services, implementation in the context of mental health disorders remains suboptimal. The lack of clear regulation regarding the mechanisms for identification, treatment, and rehabilitation of inmates with mental health disorders often results in them not receiving treatment appropriate to their condition. This potentially leads to various problems, such as human rights violations, increased levels of violence in correctional institutions, and failure in the rehabilitation and social reintegration processes. This study aims to identify and analyze the legal vacuum in handling inmates with mental health disorders in correctional institutions in Indonesia. Using a normative juridical research method, this study examines the prevailing laws and regulations as well as legal concepts related to the protection of inmates’ rights. The approaches used include the statute approach and the conceptual approach to understand the extent to which existing laws have accommodated the specific needs of inmates with mental health disorders. Furthermore, this study also conducts a comparative analysis with legal systems in several other countries to identify more effective legal models for addressing this issue. Through this study, it is expected that strong arguments can be developed regarding the urgency of legal reform in the correctional system, especially in the aspect of protecting inmates with mental health disorders. The formulation of clearer and more implementable policies is urgently needed to ensure that their rights are protected and that rehabilitation can be carried out effectively