Publisher

PENELITIPENELITI

Journal International Journal of Education, Information Technology, and OthersInternational Journal of Education, Information Technology, and Others Abstract

Prison as one of the security systems which is part of the criminal system in Indonesia has become something that is prima donna in imposing sanctions on criminals. The implementation of prisons in Indonesia is regulated in Law Number 15 of 1995 concerning correctional facilities, as the name implies, this law regulates the implementation of prisons with a prison system which is a long process from the image of colonial-era prisons that seem to be an arena for revenge and imprisonment. In the Islamic legal system, Allah SWT. Has prepared a number of legal instruments to regulate human life, specifically found in the Islamic banking system which has basic characters, namely zawajir (prevention) and zawabir (redeemer). There are two punishments given by Islam to criminals, namely Hudud (syari punishment) and Tazir (disciplinary sanction), prison in Islam can be found in Tazir sanctions. This refers to the notion of Tazirs punishment that the punishment for Jarimah (criminal act) whose punishment has not been determined by the syara is called tazir law. So that the general implementation guidelines for imprisonment as tazir, are left to the judges ijtihad by taking into account the condition of the finger, the perpetrator, the place, the time, and the situation when the jarīmah occurs. This research uses literature research or library research. This means that the required data is taken from books, magazines, articles, papers and so on in accordance with the theme that the author will adopt with a juridical normative approach. This study also produces several findings, including that the history of the prison system process has undergone a metamorphosis from a prison system that focuses on deterrence to a system of rehabilitation and resocialization. That the implementation of the prison system in Indonesia is carried out with the correctional system and prisons in the Islamic law system are known as one of the punishments in the Tazir category. Besides also having a set of security rules that are guaranteed to realize rahmatan lil alamin if applied in social life.

Conclusion

The prison system which later became a system of sanctions in criminal law which I can say as a form of sanction which is quite a prima donna has gone through various stages through the thought process by experts in the field of criminal law related to the philosophy of punishment, from western to eastern thinkers.Where these thinkers focus on the human aspect, they say that the punishment in the form of deprivation of life (death penalty) or the like does not uphold the human aspect.So there needs to be a new thought about the pattern of punishment, besides that prison in the classical era also made prison as something scary and terrible, for that a prison system that prioritizes the human aspect is necessary to be born as a criminal system that respects and upholds the human aspect.So that the current prison system was born, as in Indonesia, which underlies the prison system with a legal philosophy as protection and guidance.The implementation of imprisonment in Indonesia according to Saharjos view of law as protection, then the process of implementation is known as the correctional system.As this process is stated in Law Number 12 of 1995 concerning Corrections which is a refinement of the concepts of imprisonment initiated by previous Indonesian criminal law experts.Prison in the Islamic legal system, which became known as al-habs.Is a system of sanctions which is also known in the realm of Islamic law, as in the division of sanctions in Islamic law, namely what is called Hudud and Tazir.The position of prison in the Islamic legal system is known in the second type of legal sanction above (Hudud and Tazir).However, prisons are mostly imposed for acts against the law which fall into the category of tazir which is determined by the judge (Qadliy).Besides that, there are also fundamental differences from the prison system known in Islam and in the positive legal system, which can be seen in the system of giving sanctions to perpetrators of illegal acts.

Future Research

Penelitian lanjutan dapat fokus pada evaluasi efektivitas program rehabilitasi dalam sistem penjara Indonesia dengan pendekatan keagamaan, seperti studi tentang pengaruh pendidikan agama terhadap perilaku narapidana. Selain itu, perlu dilakukan penelitian perbandingan antara sistem hukuman Islam (Tazir) dan sistem hukuman modern dalam konteks penyesuaian dengan nilai-nilai humanis. Penelitian ketiga dapat mengkaji keterlibatan masyarakat dalam proses reintegrasi sosial narapidana, termasuk peran lembaga non-pemerintah dalam memfasilitasi pelatihan keterampilan dan pemberdayaan ekonomi bagi mantan tahanan. Ketiga saran ini saling terkait dan bertujuan untuk mengembangkan sistem pemasyarakatan yang lebih manusiawi, berbasis agama, serta mendorong partisipasi aktif masyarakat dalam proses pemulihan narapidana.

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