The Issue of Meeting the Sexual Biological Needs of Inmates with Legitimate Life Partners: A Fundamental Human Right in the Context of Progressive Legal Paradigm

Broto Hastono1, Yos Yohan Utama2 & Yunanto3

https://doi.org/10.62271/pjc.16.4.661.676

Abstract
The fulfilment of sexual and biological needs for inmates with valid life partners who are undergoing sentences in correctional institutions is a fundamental human right. Human   rights, as a legal and normative concept, highlight that individuals possess inherent rights simply because they are human beings. Human rights apply to everyone, anytime and anywhere, are universal, and fundamentally cannot be revoked (non-derogable rights). Therefore, addressing the right to fulfil sexual biological needs is not only a matter that should be considered but also a responsibility of the State to find solutions. As of now, there are no specific regulations governing this matter. Hence, in line with the primary goal of correctional institutions, which conceptualise themselves as places of punishment and facilities where inmates receive benefits for their future lives, it is crucial to treat inmates humanely. This aligns with the concept of a legal paradigm where the ultimate goal of the law is to promote human well-being. Therefore, this issue is intriguing to explore, and alternative concepts for the future should be sought.

Keywords: Correctional Institution, Sexual Needs, Inmates, Progressive Legal Paradigm, Human Rights.