Implementation of International Human Rights Instruments in Justice Administration in Penitentiary Institutions

Research Areas: Criminal Law

Journal: Gloria Juris (Scientific Journal Published by Faculty of Law of Unika Atma Jaya Jakarta)

Volume Vol. 6, No 3. September-December 2006

Year : 2006

International human rights instruments in justice administration include the instruments that are directly or indirectly related to the human rights of prisoners. The instruments directly related to the prisoners‘ human rights are Standard Minimum Rules for The Treatment of Prisoners, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and particularly for minor prisoners, United Nations Standard Minimum Rules for The Administration of Juvenile Justice = The Beijing Rules. Meanwhile, the instruments not directly related to the prisoners’ human rights are Universal Declaration of Human Rights (1948), International Covenant on Economic, Social and Cultural Rights, International Covenant on Civil and Political Rights, dan Optional Protocol to The International Covenant on Civil and Political Rights. Besides the penitentiary officers, there are three other governmental institutions that are responsible for implementing the international human rights instruments in justice administration in the penitentiary centers, namely WASMAT judges, prosecutors, and the National Commission on Human Rights. The implementation seems not to run well because of some hindrances, such as the non-existence of legal bases for any cooperation/coordination, the lack of budget, and the lack of manpower or the lack of professionalism among the penitentiary officers, as well as the condition of the detention centers that are often overcrowded, exceeding the actual capacity.