The Legal Protection of Prisoners with Disabilities in Class IIA Prison of Pekalongan

Security Protection of Prisoners Persons with Disabilities have not been regulated in Law Number 12 of 1995 concerning Corrections, but Law Number 8 of 2016 concerning Persons with Disabilities regulates the Guarantee of Protection for Prisoners with Disabilities. The problem in this research is how is the juridical point of view on the guarantee of protection for prisoners with disabilities at the Class IIA prison in Pekalongan, and how is the guarantee of protection for prisoners with disabilities in the future. The purpose of this study was to determine the guarantee of protection for prisoners with disabilities in Class IIA prison in Pekalongan and the guarantee of protection for prisoners with disabilities in the future. The research that uses the type of legal research used is sociological juridical, the research specifications used are analytical descriptive, the data collection method used is primary data and secondary data, and the data analysis used is qualitative. This research can result that the Protection Guarantee for Prisoners with Disabilities has not been regulated in Law Number 12 of 1995 concerning Corrections but in fact the Protection Guarantee has been applied to Class IIA prison in Pekalongan and the Draft Law on Corrections which is the drafting process should regulate the Protection Guarantee against prisoners with disabilities.


INTRODUCTION
Persons with disabilities according to Indonesian Law No. 8 of 2016 have the definition of humans who experience physical, mental, intellectual, or sensory barriers in interacting in their social environment for a relatively long time, so that it can prevent their full and effective participation with other citizens. based on equal rights.
Thus, it is proper for prisoners with disabilities to receive protection guarantees such as the right to optimal and special health services according to their conditions. Upholding the applicable law is an obligation for every citizen, as a sense of realizing the Indonesian state as a state of law, for its citizens responsibility and awareness is needed. Everyone in Indonesia has a responsibility and awareness that must be manifested in their behavior and actions. In line with these provisions, the guarantee of the welfare of everyone before the law is one of the important principles, therefore everyone has the right to fair legal certainty, recognition, guaranteed protection, and to apply the principle of equality before the law or equal treatment before the law. Moreover, criminal acts are committed by Persons with Disabilities. In the criminal justice system, when the judge has sentenced a defendant with a disability, according to the severity or lightness of the sentence, the According to Article 5 it is stated that the correctional system is implemented based on the following principles: 1) Shelter, 2) Equality of treatment and service, 3) Education, 4) Guidance, 5) Respect for human dignity, 6) Losing freedom is the only suffering, and 7) Guaranteed right to keep in touch with family and certain people.

METHOD
This research uses a type of research that combines empirical legal research and normative legal research.
Normative legal research conceptualizes law as what is written in the legislation (law in book) or legal conception as a rule or norm as a benchmark for community behavior towards things that are considered appropriate.
Data collection techniques are adjusted to the type of data needed, namely library research, which is collecting data through literature, books that have a relationship with the problem being studied, and field studies (Field Research) which is research by visiting the location examined in the Class IIA prison in Pekalongan, through interviews with related parties, for example, Correctional Officers and prisoners with disabilities.
This study uses qualitative data analysis, namely data management techniques with words in order to describe/discuss research results with conceptual and theoretical analysis approaches, as well as process data and present it in a systematic, orderly and structured form and have meaning.

RESULT AND DISCUSSION
The shift from a medical perspective to a human rights approach has been around since the 1990s. These

c. Quadriplegic
Disability is a condition of someone who has physical abnormalities, especially limbs such as feet, hands, or body shape.

d. Mentally Disabled
Retardation is a condition of a child or someone who has a below average intellectual or mental development slowdown.

e. Unsociable
Unsociable is someone who has problems in controlling emotions and social control.

A. Guarantee of Protection for Prisoners with Disabilities in Class IIA prison in Pekalongan
Article 28D paragraph (1) of the 1945 Constitution stipulates that every living human being has the right to recognition, guarantee, protection, and fair legal certainty and equal treatment before the law.
That every human being has an interest, namely the demands of individuals or groups that are needed in order to be fulfilled interests. Human protected by law are called rights. Each right has four elements, namely legal subjects, legal objects, legal correlations that bind other parties with obligations and protection. In essence, interests contain power that is guaranteed and protected by law in its implementation. So, the guarantee of protection is a right given to a person in the form of fair protection before the law without distinction of race, ethnicity, culture, and others.

C. The Principle of Legal Certainty
The Rule of law is formed so that it can be applied by the state and society. The events that are formed make the law exist. So legal certainty is justifiable protection against arbitrary actions so that someone will get something given in certain circumstances. The community wants legal certainty, it will create a certain goal.

D. The principle of justice
The community really expects that in the implementation or enforcement of the law justice can be paid attention to. In the application or enforcement of the law, it must be fair, so that the law is similar to justice.
The law is binding on everyone, is equal. On the other hand, justice is subjective, separate and equal. concerning Persons with Disabilities which is only given for 2 (two) weeks, not only that, for the needs required by Mr.
as well as fellow prisoners to offer assistance to Mr X, and there is no special room for prisoners with disabilities because the number of people with disabilities is relatively small.

B. Guarantee of Protection for Prisoners with Disabilities in the Future
One part of the criminal justice system is prisons, which are law enforcement efforts based on Law Number 12 of 1995 concerning Corrections as stated in Article 8 paragraph (1) which reads that Correctional Officers who referred to in Article 7 paragraph (1) is a Functional Law Enforcement Officer whose duties are carried out in the field of coaching, securing, and mentoring inmates or inmates.
With these provisions, the government provides an effort or a good coaching process in order to make changes related to the current condition of prisoners with all the coaching processes and treat prisoners more humanely, through the provision of existing rights so that it functions to change the nature of prisoners (the function of correction) so that inmates can re-live life properly and be productive Based on the discussion of the researcher's first problem described above, that in fact the same guarantee of protection for prisoners with disabilities has been applied to the Class IIA prison in Pekalongan.
From the detention center visited by researchers, there are differences regarding the guarantee of protection for prisoners with disabilities in the applicable regulations, this can be seen from the Pekalongan detention center which has an introduction period of 2 weeks to 1 month, not only about the introduction period in the Class IIA prison in Pekalongan has prepared toilets and wheelchairs for prisoners with disabilities, but regarding prisoners with disabilities during the coaching process at the detention center, the staff or other inmates have not been fully assisted.
It can be seen that the guarantee of protection for prisoners at the Class IIA prison in Pekalongan is not fully