THE VALUE OF PANCASILA JUSTICE
A. Background
After period colonialism Japan, system prison entered the Struggle Independence between 1949-1950 or called as Period Prison I (1945-1950), period This started after Proclamation Independence The Republic of Indonesia was sparked which resulted emergence business from a number of employee the prison that the Indonesian nation is for take over House prison Cipinang in accordance with text Proclamation but No succeed Because was rejected by the Chief Prison cipinang. this followed by houses prison others who are in Java and Madura for take over power House prison from hand soldier Japan. Then next Period Prison II (1950-1960). Period This started with the formation of the United States of Indonesia as results and the Round Table Conference at The Hague (Netherlands) 23 August 1939-2 November 1949. 27During the Period Prison III (1960-1963) circumstances Indonesian government begins stable, because Indonesia already have Constitution shaper government and already start organize government.
27Ibid., pp. 35-39.
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The term " correctional " means official replace term prison since April 27, 1964 thru mandate written President Ir. Soekarno which was read at the Office of the Officials conference Prison in Lembang Bandung. this mandate intended in framework “retooling” and “reshaping” of system considered imprisonment No aligned with there is the idea of Guardianship as conception law nation with the Pancasila personality. Next is the idea of Correctional coined by dr. Sahardjo precisely on July 5, 1963 in speech award degree of Doctor Honoris Causa in the field knowledge law by the University of Indonesia. In his speech That he give formula from objective convict prison is on the side cause pain to the convict Because loss independence move, guide convicts to repent, educate so He become a member public useful Indonesian social media. With short objective from criminal prison is penitentiary.
Replaced system prison become system Correctional have duties and responsibilities noble answer, duty penitentiary including operate policy - based work For carry out law criminal prison in a manner proper and effective order of crime can under control. Officer executor in the field Correctional at the present time in in fact No can considered just complementary guard building prison to prevent runaway, but as one apparatus holder key success desire stabilization orderly social in society and country. stabilization orderly social
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become bridge liaison from policy protection social (social defense policy) for going to toward achievement ambition well-being social (social welfare)”.28
Existence of Penitentiary is stage end from system Justice criminal.
System Justice criminal That Alone consists of 4 sub- systems that is Police, Prosecutors, Courts and Correctional Institutions.29In the Penitentiary Subsystem as a sub- system final from system Justice criminal have various task For carry out something coaching against the convicts specifically criminal repeal independence. In the Penitentiary Sub - system as a sub- system final from system Justice criminal have various task For carry out something coaching against the convicts specifically criminal repeal independence.
With exists review repeat to systems and patterns approach towards the citizens built For other solutions anticipate unrest prisons, LAPAS is place or residence for people who have stated guilty by court that He has proven violate law. more prisons known by the public lay with term Prison. When someone has entered to in LAPAS, then right his freedom as inhabitant public will revoked.
He No Can Again as free community outside the prison. The people who have enter in prison can said as a lesser person lucky Because besides No Can Again free move, however they will too stamped etc rubbish the community in their
28Bambang Poernomo, 1993, The Basic Theory of the General Principles of Criminal Procedure Law and Criminal Law Enforcement, Liberty, Yogyakarta, p. 123.
29Penny Naluria Utami, 2017, Justice for Prisoners in Correctional Institutions, Journal De Jure Legal Research, Vol.17 No.3, September 2017, p. 389.
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environment. In the sense of Correctional Institutions in Law No. 12 of 1995 concerning Correctional Article 1 Paragraph (3) states that “ the next Penitentiary called LAPAS is place For carry out coaching convicts and children educate penitentiary ". In a sense such, then can seen that Indonesia as a state of law in application punishment for convicts, yes No Again use system prison but system penitentiary.
Inside System prison is a system that places great emphasis on variety elements reply accompanying revenge and deterrence with institution " Prison House ". System prison No used Again Because view and treat the convict No as member public but is something retribution feud society. So that No in accordance Again with level civilization as well as dignity the Indonesian people who have independence with the philosophy of Pancasila.
Protection for every citizen is obligatory obligations fulfilled by a country. So is the Indonesian state which is obligatory protect every inhabitant his country anywhere are. this in accordance with Opening The 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia ) Para 4 ( four ).
Correctional Institutions in Indonesia still become highlight public Because often experience various no problem visit done. start from over capacity, the occurrence practice internal levies implementation service rights
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prisoner. Penitentiary is stage end from system Justice criminal, that is consists of 4 ( four ) sub- systems that is Police, Prosecutors, Courts and Correctional Institutions. Prison Sub - system as a sub- system final from system Justice criminal have task carry out coaching to convict specifically criminal repeal independence.
Almost whole follow the crimes handled by the System Justice Indonesian criminal always ended up in jail. Whereas prison No solution best in finish problems crime, especially follow a crime in which the “ damage ” is caused by the act crime the Still can be restored so that conditions that have been
" broken " can returned going to circumstances originally, where in justice restorative This possible exists stigmatization of individual perpetrator. In responding follow considered crime can restored back, known something paradigm the so -called punishment as restorative justice, where the perpetrator crime pushed For repair losses that have it caused to victims, their families and the community. related with crime that damages Still Can repaired, basically public want that for perpetrator given a " service " that is rehabilitative. Society expects the perpetrators crime will become more Good compared before they
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enter into the institution prison, this is what is meant by the rehabilitation process.30
Correctional stated as something system coaching against the offenders law and as something embodiment purposeful justice For reach reintegration social or recover unity connection between Residents Correctional with society.
In development furthermore System Correctional start held since in 1964 with supported by law Number 12 of 1995 concerning Correctional. Correctional Law That strengthen efforts For realize something system Correctional which is order coaching for Residents Correctional. Final Constitution Number 12 Know 1995 has replaced with Constitution Number 22 of 2022 Concerning Correctional.
In the future, related with restorative justice, then there is Lots very things that exist in provision international or related national with detention / imprisonment as necessary terminal activities own contribute to more life well, at least the same, on self violator law post judgment.31 For overcome problem above, especially follow considered crime can be restored back, then need There is breakthrough For do change a so- called punishment paradigm as
30Ayon Diniyanto, 2016, Indonesian's Pillars of Democracy: How This Country Survives, Journal of Indonesian Legal Studies, Vol. 1.No. 1, July-December, 2016, p.108.
31 System long imprisonment This is based on Law no. 12/1995 about Correctional
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restorative justice, where the perpetrator pushed For repair losses that have it caused to victims, their families and the community.
More carry on state protection against inhabitant his country apply anywhere he are all over around the world because the protection provided is one right embodied citizens in Stem Body of the 1945 Constitution of the Republic of Indonesia Article 28D paragraph ( 1) which states that “ everyone has the right on acknowledgment, guarantee, protection, and certainty fair laws as well as the same treatment before law ”. because That with exists protection of Indonesian citizens everywhere he is, the country is not only fulfil his obligations but also has fulfil right basic man citizen of that country.
Country through legitimate and sovereign government, is protector main to violation of human rights within the boundaries of its jurisdiction.
However reality often show exists action a country through the organs of the apparatus security for the sake of defending interest inclined politics potentially happening various human rights violations. Trigger happening human rights violations, to say the least caused by existence clash interest between citizen in one party with interest regime rulers on the other hand who do not in line.32
32Suparman Marzuki, 2011, Tragedy Political Law and Human Rights, Student Library, Yogyakarta, p.73.
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because That system Justice criminal relate relate tight very with regulation legislation criminal That Alone Good law criminal substantive nor criminal procedural law. It says thereby Because legislation criminal that's basically it is enforcement law in abstracto which will embodied in enforcement law in concreto punishment.33 Enforcement law (law enforcement) is effort implement, and implement law, as well do action law to every violation or deviation law carried out by the subject law. 34Fine through procedure Justice nor through procedure arbitration settlement dispute other ( alternative disputes or conflicts resolution ) or activity enforcement law. All activities are legal as device rule normative that regulates, and binds the subjects law in all aspect life society, state truly respected and earnest run as should.35
Sub - system institutions in the justice system (Police/ investigators, prosecutors / prosecutors and correctional institutions / executors crime ) as an internal organ instrument executive. function is carrier function maintenance enforcement law criminal, together with institution court For sustain power
33 Romli, 2017, Atmasasmita in Edi Setiadi and Kristian. System Justice Criminal Integrated And System Law Enforcement in Indonesia, Publisher Prenadamedia Group, Jakarta.
34 Arliman, L, 2019, Manifesting Good Law Enforcement in Indonesia's Law Country, Dialogia Iuridica. Vol 11, No 1. Pp: 1-20. https://doi.org/10.28932/di.v11i1.1831
35 Djamir, H. Muhammad, 2020, Reconstruction Law Enforcement Act Criminal Related Money Laundering With follow Criminal Narcotics in the System Justice Criminal Value -Based Justice, Doctoral thesis, Sultan Agung Islamic University Semarang
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judicial.36 System Justice criminal can interpreted as a working process a number of institution enforcer law through A mechanisms that include activity gradually, which begins from investigation, prosecution, examination at trial court, and execution judge's decision made by the institution penitentiary.37
That whole process work inside something system, so that each institution That is mutual subsystems related and mutual influence between One with others. System Justice criminal Work between components function that each should relate and work same. In accordance with research that says that Criminal justice can function systematically only to the degree that each segment of the system takes into account all other segments. In order words, the system is no more systematic than the relationships between Police and prosecutors, Police and Court Prosecution and Corrections, Corrections and law, and so forth. In the absence of functional relationships between segments, the criminal justice system is vulnerable to fragmentation and ineffectiveness.38
Rule of law relations with right basic man difficult separated. Because in a country of laws right basic man protected, if in a state of rights basic man No
36 Mufrohim, O, 2020, Independence of the Prosecutor's Office as Legal Structure inside System Justice Criminal (Criminal Justice System) in Indonesia. Journal of Indonesian Legal Development. Vol 2, No 3. Pp: 373-386. https://doi.org/10.14710/jphi.v2i3.373-386
37 Maringka, Jan S, 2022, Extradition in the System Justice Criminal, Sinar Graphics, Madiun, Hal:83
38Aras, Firman, 2020, Implications Of Criminal Detention In Criminal Justice System.
Tadulaco Master Law Journal, Vol.3 No.3, DOI: https://doi.org/10.22487/tmlj.v3i3.188
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protected, the country not a rule of law will but the country is a dictatorial country with very authoritarian government. Protection of human rights is trust constitution at a time A inevitability in protection and fulfillment. Because Indonesia is a country of laws.39
this strengthened in Indonesian constitution, law Number 22 of 2022 concerning Correctional mentioned that the next Penitentiary called LAPAS is place For carry out coaching Prisoners and Correctional Students. While that is meant with Convict is convicted convict criminal law in LAPAS based on decision court that has obtain strength law stay. With that's what LAPAS means only function For carry out coaching for Prisoners undergoing criminal.40
related with crime that damages Still Can fixed, basically in order to divide perpetrator given a " service " of a nature rehabilitative, so the perpetrators crime will become more Good compared before they enter into LAPAS, the situation of the coaching program skills work / practice current work This walk in and out institution. principles base that arrangement institution imprisonment must minimize various difference between life in institution with life free, purposeful For reduce responsible prisoner 's response Because dignity they as human human, also embraced by the instrument
39 See Article 1 paragraph (3) of the 1945 Constitution, "Indonesia is a country based on law".
40 Look explanation Constitution Number 12 of 1995 concerning Correctional Institutions
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national. Conception penitentiary No solely formulate objective from criminal prison, but something system construction, a methodology in field of “Treatment of Offenders ”.41
In context implementation mission Correctional the put position officer Correctional in cross equal relationship is precondition walk system Justice integrated crime. Condition moment This felt by the correctional facility in effort implementation mission Correctional Not yet get adequate appreciation and respect from environment enforcer law other. Correctional positioned only as end from the judicial process running crime. In context normative of course there is enough problems crucial about position Placed Correctional as part end from system punishment in the judicial system criminal. it in Chapter Constitution about Correctional. However If look task principal and function Correctional in Constitution such, then Actually placement Correctional as end end from system Justice criminal is not very right, remember Correctional has role since early in the judicial process criminal start work. With condition of course needed strengthening position Correctional in the middle it works system Justice criminal. System penitentiary characteristic multilateral oriented, with centered approach to the potential of the offender law ( convict ). Penitentiary
41Adi Sujatno, 2004, System Indonesian Penitentiary ( Building Indonesian Man ), Montasad, Department Indonesian Justice and Human Rights, Jakarta, p. 7-21.
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as one part from the subsystem Justice criminal law in Indonesia aims For do coaching to prisoner.
Condemnation through mechanism imprisonment rated No give mark plus for a prisoner To use repair his life. Imprisonment according to system penitentiary No addressed For make a prisoner feel retribution consequence deed evil that has he did. System penitentiary developed with mean to be convicted realize error, fix self, and no repeat follow criminal so that can accepted returned by the environment society, can role active in development, and can life reasonable as good and responsible society answer. Imprisonment to prisoner done based on A system penitentiary. Succeed nope educate prisoner as a obedient workers law later after in society, is highly dependent on the process of socialization convicts in Correctional Institutions, with adapt religious, moral and social values other applicable in society. Forms pressure, blackmail and treatment No indecent, must No happen in penitentiary life, therefore coaching prisoners in correctional institutions should No with method suppression ( retaliation ), but with protection.42
System coaching penitentiary held based on principle protection, equality treatment and service, education, mentoring, respect honor and dignity
42Petrus Irwan Panjaitan and Pandapotan Simorangkir, 1995, Penitentiary in Perspective System Justice Criminal, Sinar Harapan Library, Jakarta p.14.
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man, lost independence is the only one suffering and security right For still relate with certain families and people. Based on background back above, then important For answer a number of problem about How position institution penitentiary in system Justice crime in Indonesia. this writing will discuss regarding “ Reconstruction Regulation Protection of Prisoners' Rights in the System Justice Criminal In Indonesia Based on Pancasila Values of Justice
”.