Juridical Constraints of Correctional Social Work

Abstract

While the institutional-based correction is perceived as ineffective and contributing to negatively-complex effects, the correctional social work decreases the negative effects of inmates fostering in correctional institution. This research focuses of two issues: 1) how far the concept of correctional social work can decrease the negative effects of inmates fostering in institutional-based correction and 2) what are the constraints in applying the concept of correctional social work in the Act Number 12 Year 1995 towards the inmates fostering in Indonesia. Through a normative study, a conclusion is derived that the regulation of inmates fostering – neither in correctional act nor in government regulation pertaining to inmates fostering – does not provide the possibility of the constitutional social work application. The inmates fostering based on the existing regulation is still focused on the internal model of the institution. An analysis on various exising regulations showed that there are lots of constraints regarding the application of the concept of correctional social work, mainly on the juridical aspect. One of the examples is the absence of the regulations of the constitutional social work.

Keywords: juridical constraints, social work, correction

DOI: 10.7176/JLPG/94-10

Publication date: February 29^th 2020