Abstract
In 1999, the Government of Indonesia established Government Regulation (GR) 32/1999 on the Procedures for the Implementation of the Rights of Inmates which has been most recently amended by GR 99/2012. However, the establishment of GR 99/2012 creates complication and unfairly discriminates against inmates committing extraordinary crimes (terrorism, drug abuse, corruption, crimes against the security of the state, crimes against humanity and other transnational organized crimes) impeding such inmates to file for remission and parole. This paper examines the consistency between the implementation of GR 99/2012 and the concept of criminal punishment in Indonesia. It is a summary of empirical juridical research that reports on the influences of GR 99/2012 on inmates in correctional institutions. Data used for this research was obtained from interviews, observation, desk reviews and focus group discussion with government officials. Based on the findings, it can be inferred that GR 99/2012 has impeded the fulfillment of inmates’ rights to file for parole and remission due to complicated procedures, additional fines, and multi interpretation of the regulation. Furthermore, it affects the aggravation of overcrowding, violations against inmates’ rights, and illegal practices within the process. Based on the analysis discussed in this paper, GR 99/2012 is inconsistent with the concept of criminal punishment in Indonesia because it impedes inmates’ reintegration into society. This paper proposes that GR 99/2012 should be revoked and revised in accordance with the spirit of Corrections Act and to create synergy among law enforcers in fulfilling inmates’ rights.
Highlights
In Indonesia, the concept of criminal punishment in the form of confinement in jail or prison has evolved into corrections since 1995 with the enactment of Law Number 12 of 1995 regarding Corrections (“Corrections Act”)
This paper examines the consistency between the implementation of Government Regulation (GR) 99/2012 and the concept of criminal punishment in Indonesia as well as new issues arising in connection with the enforceability of GR 99/2012
Inmates will enter the phase of assimilation, and at the end they can be granted parole or pre-release facility (“Cuti Menjelang Bebas”) under loose surveillance, during which inmates are not placed in prison, but in a correctional center that provides them with programs to facilitate their gradual release to the community; typically such center is called Balai Pemasyarakatan (Community Center) in Indonesia
Summary
In Indonesia, the concept of criminal punishment in the form of confinement in jail or prison has evolved into corrections (pemasyarakatan) since 1995 with the enactment of Law Number 12 of 1995 regarding Corrections (“Corrections Act”). In the course of its development, the practice of imprisonment tends to be more focused on guidance given to offenders rather than vengeance on them It means that in principle the aim of the practice of imprisonment is to educate inmates to be good and responsible members of society and ensure that they do not commit crime in future. Based on the concept of correction, inmates are perceived as persons who need to be guided in order to reintegrate them into their community once they are released from correctional institution They are in correctional institutions, they continue to have rights like other ordinary people.
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
