Prisoners’ Sexual Rights: A Human Rights Perspective

Abstract

Prisoners retain the right to fulfill their sexual needs with their spouses during imprisonment, however, Indonesia has yet to establish regulations that facilitate the exercise of this right. Although many scholars advocate addressing this issue from a human rights perspective, empirical research remains limited. Therefore, this study examines the fulfillment of prisoners’ sexual rights through a human rights framework. Employing a qualitative case study design with a juridical-empirical legal approach, data were collected through field observations, in-depth interviews, and analysis of legal documents. The findings reveal that prisoners’ right to sexual relations with their spouses has not been realized because prisons lack the necessary regulations and implementation mechanisms. Furthermore, national legislation does not provide standard operating procedures for fulfilling prisoners’ sexual rights. The study concludes that ensuring the fulfillment of prisoners’ sexual needs at Palu Prison requires a human right–based policy framework. As a practical contribution, it proposes the establishment of a Safe Counseling and Relationship Zone, a dedicated facility integrating psychological and marital counseling with a hygienic, private, and dignified space where prisoners and their spouses may maintain intimate relationships within an appropriate legal and institutional framework.