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<p>The Indonesian correctional system is fundamentally structured within a legal and institutional framework that predominantly reflects masculine perspectives, failing to address the unique needs of female prisoners adequately. This gender-based approach is not merely a reflection of individual bias. However, it has become deeply ingrained within the historical context and regulatory system, much of which is built upon normative male experiences regarding punishment and discipline. Female offenders often face incarceration in a way that differs significantly from their male counterparts, influenced by histories of gender-based violence, caregiving responsibilities, and specific reproductive health needs—issues that are insufficiently addressed in a one-size-fits-all approach. These distinct experiences should not be seen as inherent traits of women, but rather as products of structural inequalities and socially mediated roles that the current correctional system fails to accommodate. This research examines the urgent need for reform in Indonesia's correctional system by employing a gender-responsive framework aligned with the principles of social justice, the 1945 Constitution of the Republic of Indonesia, and the core values of Pancasila. Rather than advocating for alternative forms of punishment, the study focuses on reforming existing correctional institutions to ensure substantive equality and humane treatment within the framework of current criminal law. This study employs doctrinal legal research to explore the regulatory shortcomings of Law No. 22 of 2022 on Corrections, highlighting its failure to explicitly incorporate international standards, including the United Nations Bangkok Rules. While these international instruments are non-binding, they remain relevant within the global human rights framework due to their potential for internalisation and implementation through domestic legal reform. The study also analyses successful strategies from countries like Canada, Norway, and Thailand, which have effectively established gender-responsive correctional systems through policy reform, officer training, and trauma-informed rehabilitation initiatives. The comparisons presented are not intended as ready-to-adopt models, but rather as references to inform a potential reform path that could be adapted to Indonesia's constitutional and socio-legal context. The findings highlight that implementing gender-responsive prison reform in Indonesia is both critical and necessary, not only to fulfil international human rights obligations but also to uphold the constitutional mandate to ensure just, humane, and inclusive protection for all citizens, including incarcerated women.</p>

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Reforming Prisons, Restoring Dignity: A Gender-Based Critique of Indonesia’s Correctional Framework

  • 期刊论文

  • 发表日期：

    2026年4月3日

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  • Zico Junius Fernando,
  • Aga Natalis

摘要

The Indonesian correctional system is fundamentally structured within a legal and institutional framework that predominantly reflects masculine perspectives, failing to address the unique needs of female prisoners adequately. This gender-based approach is not merely a reflection of individual bias. However, it has become deeply ingrained within the historical context and regulatory system, much of which is built upon normative male experiences regarding punishment and discipline. Female offenders often face incarceration in a way that differs significantly from their male counterparts, influenced by histories of gender-based violence, caregiving responsibilities, and specific reproductive health needs—issues that are insufficiently addressed in a one-size-fits-all approach. These distinct experiences should not be seen as inherent traits of women, but rather as products of structural inequalities and socially mediated roles that the current correctional system fails to accommodate. This research examines the urgent need for reform in Indonesia's correctional system by employing a gender-responsive framework aligned with the principles of social justice, the 1945 Constitution of the Republic of Indonesia, and the core values of Pancasila. Rather than advocating for alternative forms of punishment, the study focuses on reforming existing correctional institutions to ensure substantive equality and humane treatment within the framework of current criminal law. This study employs doctrinal legal research to explore the regulatory shortcomings of Law No. 22 of 2022 on Corrections, highlighting its failure to explicitly incorporate international standards, including the United Nations Bangkok Rules. While these international instruments are non-binding, they remain relevant within the global human rights framework due to their potential for internalisation and implementation through domestic legal reform. The study also analyses successful strategies from countries like Canada, Norway, and Thailand, which have effectively established gender-responsive correctional systems through policy reform, officer training, and trauma-informed rehabilitation initiatives. The comparisons presented are not intended as ready-to-adopt models, but rather as references to inform a potential reform path that could be adapted to Indonesia's constitutional and socio-legal context. The findings highlight that implementing gender-responsive prison reform in Indonesia is both critical and necessary, not only to fulfil international human rights obligations but also to uphold the constitutional mandate to ensure just, humane, and inclusive protection for all citizens, including incarcerated women.