Civil Rights Conservation of Female Correctional Facility Inmates in Semarang

DOI

10.2991/icils-18.2018.37How to use a DOI?

Keywords

civil rights; correctional facility inmates

Abstract

Human as legal subject is a supporter of rights and obligations from living birth to death. Not all legal subjects can perform legal acts, however, only those capable of the law can do so. When it comes to law, nothing can hold back the civil rights. Article 3 of the Civil Code reads that there is no punishment shall result in civil death, or the loss of any citizenship rights. This means that the legal subjects found guilty by a judge for imprisonment, their civil rights still exist. Such as the right to marry, the right to have offspring, property rights (vermogensrechten), material rights (zakelijkerechten), the right over intangible goods (rechten op immateriele goederen). The correctional facility inmates are still having their civil rights safeguarded. This research was intended to identify and analyze how Implication of Article 3 Book of Civil Code for female correctional facility inmates in Semarang. This study employed method of empirical juridical approach which is taking the law into account not only as a normative set of norms or what is the law in the books, but also observing on how the law interacts with the community (law in action). The results of the study indicated that the female correctional facility inmates in Semarang were physically deprived of their independence rights. However, preservation (conservation) of their civil rights still runs according to the implementation of Article 3 of the Civil Code. Conservation of civil rights includes the right to deal with divorce, the right of child care (0-2 years) within the facility, the right to manage the inheritance, the right to take care of the adopted child. The employed legal basis was article 52 PP No. 32 of 1999 on the terms and procedures of the right of the correctional facility inmates.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Dian Latifiani
PY  - 2018/07
DA  - 2018/07
TI  - Civil Rights Conservation of Female Correctional Facility Inmates in Semarang
BT  - Proceedings of the 1st International Conference on Indonesian Legal Studies (ICILS 2018)
PB  - Atlantis Press
SP  - 194
EP  - 197
SN  - 2352-5398
UR  - https://doi.org/10.2991/icils-18.2018.37
DO  - 10.2991/icils-18.2018.37
ID  - Latifiani2018/07
ER  -