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Volume 2, Issue 1, June 2019 : 71 - 88

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Implementation of Human Rights Protection Towards
in Penitentiary of Children in Makassar

Implementation of Human Rights Protection 
Towards in Penitentiary of Children in Makassar 

Mursyid Mursyid 

Faculty of Law, Universitas Muslim Indonesia 

email: mursyid.mursyid@umi.ac.id 

ABSTRACT 

The urgency of child protection encourages a variety of efforts carried out by the government 
and society because it is considered not only to protect children as human beings but also 
as part of national development. Crimes or violations committed by the child then serve 
the sentence set by the juvenile justice process should still get full protection because it 
is considered the child still has a long future and the opportunity to build a nation after 
undergoing accountability errors that make it a human hope for the future come. The 
purpose of the study is to analyze the implementation of protection of human rights and 
the factors that influence the implementation of human rights protection for children in the 
Makassar Correctional Institution. As a result, the implementation of human rights against 
child prisoners is still less effective, because conceptually and in reality there has not yet 
been a clear difference between the implementation of human rights for adult prisoners. 
This study shows that there is no specific pattern that is applied in implementing human 
rights to children, where the practice of implementing child prisoner formation is still not 
in accordance with the basic idea, namely providing protection in order to achieve child 
welfare. The factors are legislation, facilities and infrastructure, organizational structure, 
human resources and administrative management, and not yet integrated handling of the 
implementation of human rights for child inmates by the entire criminal justice system. 

Keywords : Human Rights Protection; Prisoner; Children; Penitentiary; 

INTRODUCTION 

Problems and efforts to protect children seem to never stop being discussed, 

because it is our duty together to always seek various efforts in order to provide protection 

for children in all fields. Child protection as the nation’s successor is a field of national 

development,1 because protecting children means protecting humans and building whole 

people,2 therefore the protection of children is also aimed at children who experience 

behavioral problems (violations of young age), because the child who commits a crime 

is not because he has an evil nature, but because the child’s condition is unstable due to 

circumstances that come from the child himself or from the outside, namely the environment 

surrounding it.3

1Febriana, A. (2017). Penegakkan Hukum terhadap Anak yang Melakukan Tindak Pidana Pencabulan dalam 
Konsep Restorative Justice. ADIL: Jurnal Hukum, Universitas YARSI, 7(2), p. 203.

2Pramukti, A. S., & Primaharsya, F. (2018). Sistem Peradilan Pidana Anak. Yogyakarta: Media Pressindo, p. 
15.

3Ibid., p. 18.



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Another important consideration to be observed is for the growth and mental 

development of children in their growth towards adulthood, on the basis of these needs, 

it is deemed necessary to determine the difference in treatment under procedural law 

and its criminal threat. Setting exceptions and provisions stipulated in Law No. 8 of 

1981 concerning the Criminal Procedure Code, the old implementation of detention is 

determined in accordance with the interests of the child and the differentiation of the 

threat of punishment for children is determined by Law No. 5 of 1998, Law No. 39 of 

1999, Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning 

Child Protection and Law Number 11 of 2012 concerning the Criminal Justice System 

for Children whose criminal imprisonment is determined (one half) of the maximum, the 

threat of capital punishment and life imprisonment is not applied to children. Differences in 

treatment and threats stipulated in the Act above are intended to better protect and protect 

the child so that he can support his long future. In addition, this distinction is intended to 

provide an opportunity for children so that through guidance they will get their identity to 

become human beings who are independent, responsible, and useful for themselves, their 

families, communities, nations and countries.4 Judge’s decision will affect the next life of 

the child concerned,5 Therefore the Judge must be sure that the decision will be a strong 

basis for returning and regulating children towards a good future to develop themselves as 

citizens who are responsible for family life, nation and state. To further strengthen efforts 

to guide and provide guidance for children who have been decided by the Judge, the 

child will be accommodated in the Child Correctional Institution. Various considerations 

through thoughts and rules are contained as well as in order to realize a judiciary that 

pays attention to the protection and interests of the child as aspired,6 then it is necessary 

to regulate the provisions regarding the implementation of a court specifically for children 

in the General Court environment, thus the effectiveness of the Juvenile Court is expected 

to provide appropriate direction in fostering and protecting children.7

The description of the phenomena concerning the rights of child prisoners which 

until now has not been fully implemented8 which must be considered and given protection, 

especially child development that is very sensitive to the surrounding environment. So 

according to this article, it is considered necessary to describe various descriptions of how 

4Wahyudi, S. (2009). Penegakan Peradilan Pidana Anak dengan Pendekatan Hukum Progresif dalam Rangka 
Perlindungan Anak. Jurnal Dinamika Hukum, Universitas Jenderal Soedirman, 9(1), p. 29.

5Febriana, A. (2017). Op. Cit., p. 207.
6Dwiatmodjo, H. (2011). Pelaksanaan Perlindungan Hukum terhadap Anak yang Menjadi Korban Tindak 

Pidana di Wilayah Hukum Pengadilan Negeri Banyumas. Jurnal Dinamika Hukum, Universitas Jenderal Soedirman, 
11(2), p. 203.

7Hilman, D. P., & Indrawati, E. S. (2018). Pengalaman Menjadi Narapidana Remaja di Lapas Klas I Semarang. 
Empati, Universitas Diponegoro, 6(3), p. 197.

8Other writings also describe the concrete facts of the urgency of protecting children's rights. Vide: Munandar, 
S. (2018). Pelaksanaan Perlindungan Hukum terhadap Hak Anak yang Berkonflik dengan Hukum pada Tahap 
Penyidikan dalam Sistem Peradilan Pidana Anak (Studi di Wilayah Hukum Polresta Padang). Pagaruyuang Law 
Journal, Universitas Muhammadiyah Sumatera Barat, 2(1), pp. 58 – 59.



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to protect human rights at the Makassar Correctional Institution, especially for children 

placed in Adult Prisons, namely the Makassar Class 1A Correctional Institution. Based 

on the background stated, the problem statement can be identified are: 1. What is the 

implementation of human rights protection for children at the Makassar Correctional 

Institution ?, 2. What factors influence the implementation of human rights protection for 

children at the Makassar Correctional Institution? 

ANALYSIS AND DISCUSSION 

A. Human rights on Children Prisoner in Child Penitentiary of Makassar 

The length of the criminal period is important to know in relation to the rights 

of prisoners to obtain their rights including assimilation and remission, that most 

child prisoners get a sentence of imprisonment for one year and under or short-term 

criminal punishment. This short-term criminal offense certainly has an influence on 

the child prisoner formation program. As stated in UN resolution 40/33 (Beijing Rules), 

in section III, that deprivation of independence for children is only possible as a last 

resort, and even then only for a minimum period of time, and for certain cases only. 

In addition, this international trend can be seen in the United Nations 

Congresses, requiring the limitation of the possibility of a short jail term, because 

besides bringing negative adverse effects, it is also less supportive of the correctional 

guidance system and not in accordance with the Minimum Standards of the Rules. This 

does not mean that short imprisonment is abolished, but this crime is still needed in 

certain cases, namely only the use is limited. Therefore the statement of this Resolution 

must be followed up, that is what about children who have been sentenced to short 

prison terms, what is the next step so that short prison terms do not have a negative 

effect on child prisoners, for example incitement from criminal offenders higher class 

both physically and psychologically, this is because children are very sensitive to 

changes in the surrounding environment. In addition, it is feared to cause social stigma 

(children’s image) which has a negative impact on children’s development,9 because 

after all imprisonment is a very heavy thing for children. Therefore, it needs a very 

careful attitude in placing children in the institution for the future development of the 

child, do not let the correctional institution as a sub-system of criminal justice and as a 

place to implement imprisonment into a place as stated by Andenaes as a “ceremony 

of degradation” (degradation ceremony), and ignore the principles of child protection.10

9Related to the image of children in their social environment is also worrying. Vide: Aswari, A., Buana, A. P., 
& Rezah, F. S. (2018). Harmonisasi Hukum Hak untuk Dilupakan bagi Koran Digital terhadap Calon Mahasiswa di 
Makassar. Kanun: Jurnal Ilmu Hukum, Universitas Syiah Kuala, 20(1), p. 44.

10Pulunggono, W., & Chalim, M. A. (2017). Kebijakan Perlindungan Hukum terhadap Anak Korban Kekerasan 
dalam Rumah Tangga dengan Kontribusi Upaya Pembaharuan Hukum Pidana Nasional. Jurnal Hukum Khaira 
Ummah, Universitas Islam Sultan Agung, 12(2), p. 342.



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Besides that, children who really have to enter the institution are sought so that 

the training carried out is not just about filling time. Education and work provided must 

be able to lead to “self respect” in children in order to prepare themselves back into 

society. If it is possible specifically for children who receive short prison terms there 

are exceptions to the correctional stages that apply to child prisoners. they do not 

absolutely follow the correctional stages with the requirements of the time determined 

by the correctional system, because if they follow the procedures of the stages, the 

main goal of correctional treatment will not be achieved if we look at the basic idea 

of formation that tends to divide - for the life of the prisoner based on time (time 

sentence), starting from ⅓, ½ to ⅔ of the criminal period he lives in. 

By basing absolutely on the time limit, problems will arise, for example there 

are times when inmates have reached the limit that time, but in w then the child has not 

behaved in a manner that meets the specified requirements, in the sense that the child 

has not shown an increase in behavioral improvement. And the most dangerous thing 

is if the prisoners have passed this period of time, but because of the many procedures 

that must be taken to obtain wider rights, then a shortcut is taken, that is, those who 

have passed the deadline are given rights more broadly without any consideration 

of their behavior. Conversely on the other hand there are some cases that prisoners 

who have not taken the time limit specified in the stages of the correctional process 

have shown good behavior, but because they are fixated on the time rules set in the 

correctional process, eventually they have to wait long to get the right broader rights. 

Balancing efforts should be taken in the middle way, which is not absolutely 

fixed on the specified time stages in the correctional process, so that the implementation 

can be flexible, by looking at the condition of each child. It is better to follow a credit 

point system for every good behavior and achievement carried out by child prisoners, 

so that this system is used as a basis for children to obtain wider rights in their coaching 

process, often remembering that the child inmate has only committed a crime for the 

first time. thus they are first offender. It is better for us to look again at Article 45 of 

the Criminal Code, even though with the birth of the Juvenile Court Law, this Article 

is declared invalid, but as an illustration it will appear, that the article in the Criminal 

Code especially in this section is more protective for children. 

In this article it states: “... and has not passed two years since it was declared 

wrong because of the violation or crime mentioned above...” from this article it can be 

interpreted that a child who has for the first time committed a crime should be indirect 

sentenced to imprisonment that they must undergo in a penitentiary. In the Juvenile 

Court Law it is not regulated on this matter. 

Observation data of child inmates based on the age group of 60 children, those 

under the age of 12 were not found in the Makassar Correctional Institution, and those 



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aged 12 – 15 years were 20 people or 33,3%, and those aged between 15 – 18 year 

totaling 33 people or 55% and those over the age of 18 numbered 7 people or 11.7%. 

This age group is important to know to determine a coaching program that must be 

run in a prison. Observation of Article 20 of Law Number 12 Year 1995 concerning 

Corrections, stated that: In the framework of fostering child prisoners in Correctional 

Institutions, classification is carried out based on: 

a. Age; 

b. Gender; 

c. Duration of sentence imposed; 

d. Type of crime; 

e. Other criteria according to the needs or development of coaching.

Furthermore, this classification is further regulated by a Ministerial Decree. In 

the explanation of the law it does not provide a clear description of the basic concept 

of the classification. And the Ministerial Decree in question also does not yet exist. 

And in its implementation at the Makassar Correctional Institution conceptually and 

practically in the classification program only on sex and even then it is only done 

by block / room separation, because Makassar does not have a special juvenile 

correctional institution. The concept of safe protection in its application there are 

some child inmates who are still at the institution who are feared to have a negative 

impact both physically and psychologically on inmates of younger children.11 Whereas 

according to Law Number 11 of 2012 concerning the Juvenile Court System in Article 

60 said; that correctional students are placed in a juvenile correctional institution that 

must be separated from adults. Article 61 states that a criminal child who has not 

finished his sentence and has reached the age of 18 must be immediately transferred. 

If it is not yet 21 years old, it is placed in a Young Adult correctional institution, but 

this study shows that classification based on the type of crime and recidivism is also 

not done at this institution. According to the Binakdik section, this classification is not 

done so that they can “mingle” with other child inmates, but unfortunately this is a false 

understanding, because based on national and international legislation the concept 

of community with other fellow inmates is not the case. The condition of handling 

children in the land is very concerning and deserves caution because those who have 

repeatedly committed crimes if they are not separated from those who are beginners, 

are worried that they will transmit negative traits.12

There are a number of factors why 18-year-old inmates are still placed in 

juvenile correctional facilities. One of them is at the time of the trial the child claimed to 

11Toha, S. (2009). Aspek Hukum Perlindungan terhadap Anak. Jakarta: Pusat Penelitian dan Pengembangan 
Hukum, Badan Pembinaan Hukum Nasional. Departemen Hukum dan HAM RI, p. 94.

12Jafar, K. (2015). Restorative Justice atas Diversi dalam Penanganan Juvenile Deliquency (Anak Berkonflik 
Hukum). Al-'Adl, Institut Agama Islam Negeri Kendari, 8(2), p. 83.



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be under 18 years old, because he did not have a birth certificate, so of course the judge 

decided based on the consideration that the child was under the age of 18, so that if 

the verdict was imprisoned child correctional institution. Not heeding the placement of 

prisoners based on age, this shows the inconsistency in national legislation as well as 

international instruments which confirms the need for placement of prisoners based on 

age classification to determine the next coaching program. Another factor that causes 

more 18-year-old inmates to remain in juvenile correctional institutions is the problem 

of procedures for transferring prisoners who must be taken. As stated in the Pattern 

of Guiding Prisoners and Students in 1990, this transfer is permitted on the following 

grounds: (a). Coaching; (b). Security.13 

Various information obtained from observations about the status of children 

before they enter the correctional institutions, so most of them are school dropouts and 

workers, most of whom drop out of school live on the streets. Meanwhile, based on the 

motivation to commit a crime, it is partly due to economic pressure and because of the 

influence of friends or the environment where the children interact. Based on this, it 

can be determined what the next coaching program is for them. There were a number 

of children who were unable to attend school because they had to be required to enter 

school before entering the correctional institution. The existence of a statement that 

they had attended school was difficult to obtain because in general they had also left 

school for some time and they were from outside the Makassar City area that had 

migrated to the city. And to ask their families to take care of it, in general they are 

embarrassed, there are even families who are not told that they are in a correctional 

institution because people who have served their sentences in the past can reduce the 

sense of independence of the person they reported,14 besides the economic conditions 

that do not allow to go back to Lapas Makassar. Although they initially were school 

dropouts or workers in general they wanted to go to school like children in general. 

And remembering the criminal given to them is mostly short-term (under one year) 

criminal so that if you have to wait for a certificate to have attended school from the 

school concerned it is feared that it will take a long time, while the criminal period 

has been partially undertaken. How the program will run while for one level of school 

alone takes one year. Thus a fast motion is needed to simplify this procedure. Or other 

alternatives for those who have only been sentenced to short prison terms for example 

6 months and below are given only skills training and then given a certificate so that it 

might be useful for those who have left or finished serving a sentence.

13Safety and Breach Commission in the American Prison Report, that a serious problem in American prisons is 
to place child custody in adult prisons, which results in small children being beaten frequently. Vide: Ibid.

14Aswari, A., Buana, A. P., & Rezah, F. S. (2018). Loc. Cit.



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The implementation of worship as a change in lifestyle in prison basically 

mostly felt that religious guidance in the development of religious aspects within the 

institution was considered quite good. This religious formation is important, because 

it is hoped that with this mental formation the child prisoners can be strengthened by 

their faith and given an understanding to be able to realize the consequences of their 

actions. A humanistic approach through religious formation must be able to raise the 

awareness of the violator of human values and the values of social life in society.15

Regarding the implementation of worship outside the institution, most of the 

child inmates basically felt they did not get the right to carry out worship together 

with the community. Even though this is very important in the context of assimilation 

and integration with the community. Implementation of worship outside of correctional 

institutions is important so that child prisoners feel accepted as part of the community. 

It is better for prisoners to be included, for example in lightning pesantren joining 

children in general, of course with supervision by officers. Thus there are two benefits 

at once, namely in addition to increasing the thickness of faith, also child inmates are 

trained to adapt to children in general. Regarding physical and spiritual care, basically 

some feel less. The care of child inmates does not work as it should, which serves 

to keep them physically and mentally healthy, so that they must continue to obtain 

sufficient needs, such as food, water for drinking and bathing, but it is very unfortunate 

because of limited facilities and the capacity is not in line with the expectations of the 

implementation of protection for child prisoners in Indonesia.16 Especially for food, 

food must be considered with a number of calories that is suitable for the growth of 

children. In addition, what must be considered is how to give food to child prisoners 

not to lower their dignity as humans.

Regarding health services, some child prisoners feel they are not getting it, 

this is probably due to the number of medical personnel (general practitioners) who 

are only two people in prison. Whereas for those who feel they are getting enough 

health care, those who are affected by minor illness, most of the diseases suffered by 

child prisoners are skin diseases, metabolic disorders, difficulty sleeping, this is due 

to poorly maintained sanitation or hygiene, and the nutrition they obtain from food. 

In the event the health check is carried out if there is a request from the prisoner in 

question. Health checks should be carried out routinely every month, with preventive 

health services and curative services so that it is expected that the conditions of child 

15Rambitan, C. M. (2013). Tugas dan Fungsi Lembaga Pemasyarakatan dalam Merehabilitasi Anak yang 
Sedang Menjalani Hukuman. Lex et Societatis, Universitas Sam Ratulangi, 1(3), p. 75.

16Rumadan, I. (2013). Problem Lembaga Pemasyarakatan di Indonesia dan Reorientasi Tujuan Pemidanaan. 
Jurnal Hukum dan Peradilan, Mahkamah Agung RI, 2(2), p. 265.



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prisoners are controlled.17 And thus health services which are children’s rights can be 

given properly, this is also in accordance with international instruments that health 

services which include prevention and treatment and mental health must be available 

in prisons, and better if the health service facilities are also open to the community 

generally around the location of prisons, this is done to prevent stigmatization of the 

child while at the same time creating a sense of self-esteem in the child in the context 

of the child integrating into the community. As for the right to submit complaints, most 

of them have never submitted complaints, this is because they even though they 

understand their rights sometimes feel afraid of the officers. Whereas regarding the 

rights themselves, they have been given at the time of entry orientation and by the 

institution’s staff, each room has been affixed.

Regarding the right to obtain information, some inmates feel good (satisfied) 

to get it either through reading material or other mass media such as television. This is 

because the facilities available in correctional institutions, especially regarding reading 

materials, are sufficient and through 7 television broadcasts they are considered 

adequate. Regarding the right to receive family visits, some prisoners have never been 

visited by their families because their families are far from the correctional facilities. 

For example, Sengkang, Pinrang, Sidrap and the social economic conditions of their 

parents who are classified as weak so that a visit to a prison requires a large fee. 

Whereas those who are sometimes visited by their families are those whose families 

live around the city of Makassar, so that at least they get a visit once a month or once 

every two months, and those who are frequently visited by their families are because 

their parents live near or around the area of the institution. Correctional Services of 

Makassar City. Even though the child has the right to get a visit from his family and 

close friends and he has the right to make correspondence with his family, because 

this is one way to ensure that the child can stay in touch with the community outside 

the institution. In this case the role of the family or parents is very influential on the 

formation of children in prisons. As stated in the Beijing Rules which states that parents, 

families are allowed to intervene in efforts to foster children in the institution (Rule 

26). Therefore it is necessary to think of an effort to transfer children to correctional 

facilities for children who are at least close to their families. In this case, of course, by 

simplifying the procedure for transferring child inmates. 

Another problem that arises is about the length of time to visit, between one 

inmate with another inmate is not the same, this raises jealousy between prisoners 

with one another. Therefore there needs to be a regulation about the length of time 

to visit, and the firmness of the officer regarding the length of time to visit. This is 

17Sanusi, A. (2016). Aspek Layanan Kesehatan Bagi Warga Binaan Pemasyarakatan dan Tahanan di Lembaga 
Pemasyarakatan dan Rumah Tahanan Negara (Aspects of Health Carestowards Convicts and Inmates). Jurnal 
Ilmiah Kebijakan Hukum, Badan Penelitian dan Pengembangan Hukum dan HAM, 10(1), p. 42.



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important so as not to cause negative effects between one inmate and another inmate. 

Furthermore, to find out the rights of child prisoners to obtain remission, it must also 

be known about the length of the criminal sentence, this is related to the requirements 

regarding remission.18 

When looking at the length of the criminal period, those who have the right to 

receive remission are prisoners who are serving a sentence of more than six months, 

thus based on 60 child prisoners formally 9 people who are entitled to remission are 51 

while those who are not entitled to remission are 51. The implementation of remission is 

given if during criminal proceedings, child inmates are well behaved, and the reduction 

in the period of serving this criminal sentence can be increased if during the criminal 

procedure the prisoner is doing service to the state and carrying out actions that are 

beneficial for the state and humanity . The reduction in the criminal period is given by 

the Minister of Justice, which is submitted by the Head of the Correctional Institution in 

question through the Head of the Regional Office of the Ministry of Justice concerned. 

Whereas the implementation of remissions at the Makassar Correctional Institution 

has basically been carried out but because of the many procedures that must be taken 

so as to cause delays, while their criminal period is sometimes exhausted so that they 

do not get their rights to obtain remission. 

Even though in Article 4 paragraph (1) Implementation of the Presidential 

Decree of the Republic of Indonesia Number: 174 Year 1999 concerning Remission, 

it is stated that only Prisoners and Criminal Children have undergone a sentence of 6 

(six) to 12 (twelve) months who have received remission. However, this provision also 

cannot reach the problems that exist in Makassar correctional institutions, because 

most of them are sentenced to short prison terms, one year down. In this case the 

role of the Community Observation Team and the Penitentiary Advisory Board needs 

to be improved so that a rapid movement occurs in dealing with the remission problem 

of child prisoners, so as soon as possible after observing child inmates. Furthermore, 

regarding the right of prisoners to obtain assimilation, in this case it must also be known 

about the criminal period that has been carried out by inmates, this is related to the 

conditions that must be taken to obtain assimilation permits. For assimilation19 given 

to prisoners who have served half their sentence, while those who have carried out ⅔ 

of their prison periods are assimilated by providing independent activities outside the 

prison. 

This paper illustrates that formally the prisoners who are entitled to assimilation 

are 7 people. However, in its implementation, this was not fully done because of 

18Abdullah, R. H. (2015). Urgensi Penggolongan Narapidana dalam Lembaga Pemasyarakatan. Fiat Justisia: 
Jurnal Ilmu Hukum, Universitas Lampung, 9(1), p. 53.

19Nugroho, O. C. (2015). Pemenuhan Hak atas Kebutuhan Seksual Warga Binaan Pemasyarakatan. Jurnal 
HAM, Badan Penelitian dan Pengembangan Hukum dan HAM, 6(2), p. 132.



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procedures involving many parties, which resulted in delays which in the end the 

prisoners did not obtain full rights in obtaining assimilation. To get assimilation, prisoners 

must go through a Correctional Observation Team, by listening to the Community 

Research Report, after holding a hearing and then being proposed to the Head of the 

Regional Office of the Ministry of Justice, then issuing a decree stating that the person 

can carry out the assimilation process inside and outside the prison . The problem 

that is then faced is the number of supervisors who are responsible for prisoners who 

are undergoing assimilation, especially for those who carry out assimilation with third 

parties both government and private institutions so that assimilation is carried out 

mostly in prison only. 

Officers who supervise prisoners who are undergoing assimilation outside of 

prison are all KPLP (Lapas Pengawasan Persatuan Unit) officers and Bimker (Job 

Guidance) officers. In addition, the role of Judge Wasmat in this matter must be put 

forward, considering that Judge Wasmat’s role has been less effective, because 

Judge Wasmat’s visit was only a formality, namely checking whether the verdict on 

the prisoner had been carried out. The giving of remission and assimilation should 

not be based on giving relief or gifts because of good behavior but rather a program 

as a means of fostering in the correctional process. Thus too complex juridical and 

administrative requirements need to be reviewed. 

Furthermore, regarding the right to obtain parole according to Law 12 of 1995 

concerning Correctional Childhood, it is given to prisoners who have served their prison 

term 2/3 of their imprisonment period of at least 9 months. One of the requirements that 

must be taken to obtain parole is the existence of a community research report from 

BAPAS, about families that will accept inmates, the circumstances of the surrounding 

community and other parties related to child prisoners. Furthermore, community 

research, which is one of its functions, is to provide a report to the Correctional 

Observation Team as a material consideration for giving parole. Furthermore, the 

opinion of child inmates regarding the guidance carried out in the children, there are 

those who argue that it is more a form of retaliation and some are more coaching, 

or some inmates who consider the implementation of coaching in institutions, are 

still tending to retaliation. This should not happen because since the issuance of the 

Correctional Law and the Juvenile Court Law the orientation of prisoner formation 

must be changed to a more humane direction. 

Criminal decisions in the form of restrictions on freedom must not exceed the 

mistakes made by the child and must not ignore the sense of justice of the community.20 

Only what needs to be remembered here for children must be seen proportionally in the 

20Achmad, R. (2017). Hakekat Keberadaan Sanksi Pidana dan Pemidanaan dalam Sistem Hukum Pidana. 
Legalitas: Jurnal Hukum, Universitas Batanghari, 5(2), p. 93.



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sense that coaching must be seen on a case by case basis. And all child development 

activities must be based on the basic idea of child protection, and coaching in 

correctional institutions must still try to change the “naughty nature of children” so 

that they can be good people, and the community is protected by the inclusion of 

children in prisons. Guidance for child prisoners who are based on the assumption that 

imprisonment is retaliation is feared to bring a variety of consequences that harm the 

child, for example the occurrence of torture in the form of speech, care and placement. 

Crimes carried out in prisons must be adjusted to the characteristics of the perpetrator. 

B. Analysis Factors Influence Human Rights Implementation for Children on Child 
Penitentiary

Guidance in the Child Correctional Institution has several factors that need 

attention because it can function as a supporting factor and can also be a limiting 

factor. These factors include the following: The pattern and layout of the building as 

stipulated in the Decree of the Minister of Justice of the Republic of Indonesia No. M.O1.

PL.01.01 In 1985 on April 11, 1985 concerning the Building Pattern of Penitentiary 

Institutions and State Detention Houses, it was necessary to realize this, because the 

pattern and layout of buildings were important factors to support the implementation 

of human rights for child prisoners with guidance in accordance with their objectives. 

correctional service. 

Some of the factors that influence the location of the Makassar Penitentiary are: 

a. Conditions and Layout of Makassar Correctional 

Buildings Location This building is located on the outskirts of the city. In terms of 

transportation and communication there are no problems. However, because of this 

Makassar Correctional Institution, the residents are not only from the surrounding 

area, but can also be from various parts of Indonesia, so that it is certainly difficult 

for families who will visit their children. At present the state of spatial planning in the 

Makassar Penitentiary, especially the living space, is well-maintained and takes 

into account the human dignity and rights of children as human beings so that their 

basic needs are guaranteed. And correctional institutions have been designed 

while paying attention to privacy children’s and supporting the rehabilitation and 

integration of children into the community. 

b. Facilities needed by Makassar Correctional Institutions 

There are a number of facilities that have an influence on the implementation of 

fostering child inmates, namely; 

1. Administration room, which is where all administrative process activities are 

carried out. Makassar Correctional Institutions have one administrative room 

that is quite adequate. 



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2. Reception room, which is the place for receiving admissions for newly arrived 

inmates in prisons. Prisoners of newly arrived children are registered and 

given uniform clothing, which is then put into an orientation cell for some time 

to determine the next coaching program. This reception room is equipped 

with facilities for administrative purposes such as registration, shooting, 

finger marks and matters relating to the reception process. At the Makassar 

Penitentiary there is also a reception room for newly arrived inmates. 

3. Living Room for Child Prisoners

In the living room with medium standard security is subject still to supervision 

but not too tight. The equipment in this living room is the same as the equipment 

in the living room with maximum security, namely beds, small tables, cabinets, 

lighting. In the living room maximum security is still needed due to tight 

supervision because inmates are considered dangerous.

Regarding the living space of child inmates basically they are still between 

medium security and maximum security, because supervision is still carried 

out strictly and the room key is still held by the officer. Indeed the classification 

of institutions with maximum security, medium security and minimum security 

is not in accordance with the needs of the prison system. The basis of this 

classification is only viewed from the security approach, as stated in Article 

13 of the Criminal Code and Article 49-56 Gestichten Regulations. It is better 

to think about the condition of open prison buildings with minimum security 

standards or the need for semi-institutional facilities that are well coordinated 

within the framework of integrating children into the community. Although this 

certainly requires careful planning and preparation which also requires the 

involvement of an independent institution and is supported by qualified officers. 

4. The dining room, all prisoners eat in their cell rooms because the agency 

officers deliver the food directly. In this case the child has the right to get quality 

food and sufficient quantity that is adjusted to the growth and development of 

children and in accordance with health standards. 

5. Discipline cells, namely cells to place inmates who violate the rules or discipline 

of the rules that have been determined. Lapas Makassar has disciplined cells 

which are intended for child prisoners who violate the regulations. However, 

this discipline cell is not used because if there is a violation, it will be subject 

to sanction of reprimand, except for heavy violations. 

6. Cell Orientation, which is to place new prisoners as a temporary residence, 

where they are studied here to determine the next program. Makassar 

Correctional Institution has one orientation room, this cell is in accordance 

with its function in giving rights to child prisoners. 



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7. Visiting Room, which is the place for holding meetings with families. The 

Makassar Correctional Institution has a visiting room that is united with the 

formation administration room. It’s just that in its implementation for current 

family visits even though it has a clear time limit, but sometimes violations still 

occur. Usually it occurs in prisoners with high social status and also for visitors 

who are familiar with the officer, the period can be extended. 

8. Coaching room, in the framework of fostering prisoners. Then we need rooms 

that function to support the realization of the coaching. 

9. Middle School Study Room (Pursue Package B) 

In accommodating educational and scientific activities, under the leadership of 

the Regional Office of the Ministry of Education and Culture. The problem here 

is that not all child inmates can attend school here, because they have to take 

requirements, one of which is a letter information that they attended school 

before entering the penitentiary. 

10. The Work Room (Workshop) 

In Makassar Lapas currently has a workspace, which functions as a space for 

non-formal education. This room serves to carry out skills exercises such as 

painting, music, electronic skills, screen printing, sewing and plywood crafts. 

However, for some activities it is not fully implemented because of a shortage 

of teaching staff or experts in work guidance. 

11. Library 

Room Library space in this institution, although it is quite adequate, but the 

condition of the books is partially outdated with the contents of the book that 

are not actual / not updated. This certainly influences the process of fostering 

child inmates, because after all children have to get actual outside world 

information so that they do not miss information even though they are inside 

the institution. 

12. Auditorium 

Room This room is intended as a multipurpose place for example to hold 

ceremonies, lectures, arts and so on. At present the multipurpose room is 

sufficiently functioned properly. For example, with more effective counseling. 

13. Places of Worship 

In the Makassar Penitentiary there is one prayer room and one church room. 

This room serves to accommodate religious activities for inmates. Physically 

this building is quite adequate, but it needs to be improved both qualitatively 

and quantitatively regarding religious programs. 



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14. Hospital

At present the Makassar Penitentiary does not have a Special Hospital or 

Clinic, there is only one room that is used for medical services for child 

prisoners who need examination and treatment. 

c. Organizational Structure 

Work mechanisms, especially relations and command lines of command and staff 

should be able to be carried out efficiently so that the implementation of tasks in 

each work unit runs smoothly. Each officer must understand and be able to carry 

out their duties in accordance with their respective authorities and responsibilities. 

However, discipline and the application of organizational structures should not 

be tasks that are slow, but are treated flexibly as long as they do not violate 

existing provisions. Organizational structure is a formal pattern of activities and 

relationships among various subunits within the organization, and is a formal 

pattern of how people and jobs are grouped. 

d. The Human Resources

quality of human resources must be endeavored to be able to answer the challenges 

and problems that always exist and emerge especially within the institution. With 

certain qualities, it means that officers must have the minimum qualifications needed 

in accordance with the demands of their field of work, both those possessed in 

accordance with their academic abilities and the abilities obtained from the tasks 

obtained from experience and training. Correctional officers besides that must 

have the right and the same perception regarding the naughty nature of the child. 

Until now, only a small number of prisons have conducted special debriefing on 

this issue. 

Based on the information from the Administration of this institution, even though the 

Makassar Lapas has sought to have its officers take part in exercises, leadership 

courses will however be inadequate in frequency, this is due to insufficient budget. 

In general, in dealing with these obstacles can be taken by way of working with 

Universities and Social Agencies to provide debriefing in the face of students in 

all coaching activities. In addition, a administration personnel are needed where 

these management personnel have a comprehensive personnel plan that covers 

all aspects, including; recruitment, placement, formation, transfer, education 

and training, career development motivation. For example upgrading programs, 

education and courses have something to do with career development programs. 

And to be able to formulate a comprehensive personnel plan must first know the 

scope of the task of fostering correctional students, so that it can be known the 

needs of employees both in quality and quantity, in this case including general 

administration staff, and experts such as psychologists, sociologists, community 



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officers . Thus the increase of human resources in order to provide guidance for 

child prisoners is expected to be able to realize the idea of correcting for children. 

In addition, the increase in human resources is also in line with what is stated 

in the Beijing Rules for the Take Part. Thus in juvenile justice (in this case in 

particular the juvenile correctional institution) experts are needed in their field. For 

this reason, expertise education, training, and courses are also needed, so that 

guidance for child prisoners will be more meaningful. This training and education 

is carried out both for new employees to be able to understand and carry out the 

tasks assigned to them as well as for old employees to improve the quality of 

their duties. Basically this training and education program is implemented is a 

continuous process and not just a momentary process. The purpose of fostering 

child inmates will be achieved well if it is carried out by employees who can carry 

out their duties efficiently and effectively, so that human resource development is 

needed. 

e. Management 

Management is closely related to leadership quality, organizational structure and 

capabilities and management skills (managerial skills) from the top of the leadership 

and staff so that administrative management in the correctional environment as 

well as its relationship with the Cabruit Prison and BAPAS can run orderly and 

smoothly. 

CONCLUSION 

Limitation of criminal penalties for children is very necessary to see the facilities and 

infrastructure of the Makassar City penitentiary that accommodate children with problems 

with inadequate laws, in order to realize the ideal punishment system for children. In 

addition, the image of the child can be taken into consideration in the application of criminal 

penalties against children, because the results of this study indicate that the various 

concerns of the main children’s parents feel embarrassed that not only children who bear 

the burden, but also parents of children who have problems with the law. Separation of 

prisoners based only on sex carried out in the form of blocks, is not an application that is in 

accordance with the law, which can have a detrimental effect on the obstruction of physical 

and psychological development of children in prisons. Erroneous perceptions of child 

classification not carried out by the implementing apparatus added to the severity of the 

system of implementing child convictions oriented to perpetrators of crimes that entered 

the penal institutions that did not need to be distinguished because they both contained 

criminals. the responsibility of the implementing apparatus seems to be lacking in legal 

certainty related to the implementation of unspoken concrete responsibilities related to 

the pattern of service and implementation of child protection in correctional institutions, 



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giving rise to the impression that there is corrupt behavior that causes out of sync between 

legal objectives and legal functions law enforcement in the field. On the other hand, this 

paper also states a variety of factors that can affect the non-implementation of human 

rights protection for the government, including the condition and layout of buildings that 

do not rethink their suitability, supporting facilities and infrastructure in implementing legal 

protection for child prisoners, structures organization that does not work as it is ideally 

implemented, quality of implementing resources and implementing management. 

SUGGESTION 

The need to provide facilities that guarantee the needs of children in social 

institutions, as an effort to foster children in a sustainable and more specific way, because 

children are the generation of a nation that has a long future and can still be improved. 

Judges in making fair decisions must at least pay attention to the rights of children 

fundamentally, and no less important is the readiness of implementing resources and the 

facilities available in realizing children’s rights. Implementation of guidance in the Child 

Correctional Institution there are factors that need attention because can function as a 

supporting factor and can also be a limiting factor. These factors include the following: The 

pattern and layout of the building as stipulated in the Decree of the Minister of Justice of 

the Republic of Indonesia No. M.O1.PL.01.01 In 1985 on April 11, 1985 concerning the 

Building Pattern of Penitentiary Institutions and State Detention Houses, it was necessary 

to realize this, because the pattern and layout of buildings were important factors to support 

the implementation of human rights for child prisoners with guidance in accordance with 

their objectives. correctional service. 

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