THE VALUE OF PANCASILA JUSTICE
C. Research Methods
2. Philippines
cviii
5) Trial and Judgment/Sentence In matters relating to general crimes (including drug offences) where a guilty plea is included, the matter is immediately dismissed. If the accused refuses to defend or does not defend or demands a trial, the case is set for trial
6) Appeal and Revision After a decision has been made, either party (DPP or the accused) can appeal the case to the High Court (from the lower court) and to the High Court (with permission, from the Court of Session ). The Court of Appeal or Court of Appeal has the power to revise decisions made in lower courts and order the court to set aside those decisions and replace them with decisions of its own (for example, where a judge or magistrate allows the defense to be presented without a case- to answer at the conclusion of a case the prosecutor, the reviewing judge in the high court can set aside the judge/magistrate's decision and order the case to be continued and summon the defendant to defend it).
cix
OCSC via channel diplomatic or depending on the requirements that have been promised. In 2013, the governments of Gloria Macapagal Arroyo and Diosdado Macapagal Arroyo have filed House Bill No. 780 ( Transferred of Sentenced Persons Act of 2013) in congress the 16th, however Not yet approved by the Senate.
DoJ has request help technical from organization international like the United Nations Office on Drugs and Crime (UNODC) for sponsor maintenance group Work technical To use compile Transfered of Sentenced Persons Act of 2013. Effectiveness from framework Work internal state law transfer convict is factor important in determine fulfillment obligations of the Philippines state in implementation agreement that has been There is or agreement transfer prisoner between countries in particular. The Philippines realized exists principle reciprocity in practice agreement international.
However, request transfer prisoner based on mutual relationship No possible Because There is must every country for do evaluation against foreign countries that do request transfer prisoner.
With so, less provision domestic governing about transfer prisoner No obstruct the Philippine government in carry out transfer prisoner between countries based on agreement. The Philippines has own agreement about transfer prisoner between countries with 3 ( three ) countries,
cx
including Spain since in 2007, Thailand since year 2002, and Hongkong SAR since year 2002. Currently the Philippines is wait agreement Senate For implementation agreement transfer prisoner between countries with Canada. For its effective implementation transfer prisoner between countries that have agreed in agreement, effective December 6, 2010, DoJ emit regulation in the form of Circular No. 90, p. 2010 entitled :
"Prescribing Rules in the Implementation of the Transfer of Sentenced Person Agreements" (which can be translated in a manner free in Indonesian : “ Determination rules in implementation agreement transfer convict, which works as guidelines For apply rules and regulations executor agreements transfer prisoner between countries already There is Because with exists publishing application rules and regulations implementing, the DoJ -OCSC expects can accept more Lots application For transfer prisoner.
Need Constitution about transfer prisoner between countries for the Philippines felt important especially For close gap yet accommodated in a Circular Letter DoJ, among other things necessity budget in implementation transfer convicts and also as Standard Operational Procedures (SOP) or Guide Line in implementation transfer prisoner between countries in the Philippines.
cxi
In October 2009, the Philippines became a punishing nation has succeed send convict a Spanish citizen, born and living in the Philippines, named Francisco Juan Larranaga y Gonzalez, aka “paco” Larranaga, who has do crime seriously complex namely, kidnapping, confinement, rape with murder against 2 (two) women, and has sentenced punishment dead on his crimes the with method injected die and perpetua For ostracized punishment 40 years imprisonment prison Because The Philippine Senate has freeze (suspend) punishment die in force in the Philippines. Larranaga has submitted to Centro Penitenciario de Madrid v in Soto del real, Madrid, Spain. But Larranaga finally moved to Martuntene Detention Center in San Sebastian, Spain and still is operate the punishment. at this time there are 12 (twelve ) Filipino citizens who become convicted in Hong Kong SAR, who has requested by the Government of the Philippines to moved to the Philippines 7 ( seven ) of them has get agreement from the Secretary of Justice, Philippines and is currently wait agreement end from the Hong Kong SAR Security Bureau. In addition, there are 7 ( seven ) Hong Kong SAR citizens who have become convict in the requested country of the Philippines For moved to Hong Kong SAR.
Until moment This based on data owned by the Philippines not enough more than 300 ( three hundred) Filipino citizens who were punished
cxii
in other countries. Challenge or constraints that are commonly faced by the Philippines in his obligations carry out agreement transfer prisoner with other state parties, among others, differences system law between countries party to be carry out agreement, unpreparedness several state parties For obey obligations that have promised and trouble understand procedure law or standard state law parties.
With exists provisions that have been created by DoJ about transfer prisoner between countries, no can reduce challenge or obstacles faced by the Philippines in order to succeed in carry out or implement transfer prisoner between countries. this Because Not yet There is governing law transfer prisoner between countries (the Philippines uses the term Transfer of Sentenced Person (TSP) in the Philippines for can made basic. With enactment The Transfer of Sentenced Person (TSP) Act, will reduce existing gaps. The TSP Bill contains: arrangement about funding in implementation transfer criminal so that will more focus describe, simplify, and harmonize system Philippine law through equality consistent and practical procedures or standard regarding the Transfer of Sentenced Person (TSP). Now the Philippines has Draft Constitution regarding the proposed Transfer of Sentenced Person (TSP). since the reign of Aroyo however Not yet Approved Senate. The "New Bilibid" Penitentiary in the
cxiii
Philippines is institution designated penitentiary for convicted convict punishment more than 3 ( three ) years. Implemented system is inheritance from government Spanish Colonial.
As for the vision from institution penitentiary This is A system developing improvements inhabitant build to be more prosperous, obey standard international and is example service public. As for the mission is For protect inhabitant build and prevent crime in partnership with the stewards interest with give chance people are in prisoner own chance For get reform, as well safe and secure environment.
3. Thailand
central Thailand move For overcome root reason density prison. In August, the Thai parliament passed Constitution narcotics new " aims For emphasize prevention and treatment and more punishment light for user drugs scale small."
Group right basic humans in that White Elephant country has request party authorized For liberate violator without violence For reduce density prison, while Sa- ardyen emphasize the importance of " ensure that prison used as effort law last."51
51https://www.dw.com/id/kebakaran-lapas-tangerang-picu-sorotan-hasil- Overcapacity Becomes a Major Issue in Southeast Asian Prisons – DW – 16.09.2021 downloaded July 21, 2023 at 07.00
cxiv
In Thailand it seems middle take steps For overcome problem density prison, Usman Hamid from AI Indonesia it seems not enough optimistic with situation in Indonesia. Refer case a punished university lecturer Because pollution Name Good after criticized the university's recruitment process in the WhatsApp group, Usmad said : " Excellence capacity No will Once resolved If even disagreements and differences even the lightest opinion will do resulted punishment prison."52
The problem even more acute in the Philippines, where the problem excess capacity the prison there is considered one of the worst in the world,"
Rachel Chhoa -Howard, Amnesty International Philippines researcher told DW.
According to the Management Office Prisons and Penology, out of 470 prisons throughout the country, 356 of them considered excess capacity. The Quezon City Jail, for example, is notorious Because level its very high density where convicts seen take turns sleeping on the stairs or on the floor open basketball court Chhoa -Howard.
"In 12 months First coronavirus pandemic, police catch more of 100,000 people because violate rule quarantine," said Chhoa -Howard,
52Ibid.
cxv
while add party Philippine authorities said last April, they For temporary will stop catch violator quarantine .
of White Elephants own a number of prison with density worst in the world. Recorded There is some 310,000 inmates are imprisoned in 143 institutions penitentiary there. Amount the is doubled from capacity official, according Department The country 's penitentiary.
Thana ( name disguised ) is ex- prison inmates in the south Mother Bangkok city. To DW, man 30 years old who completed his sentence a number of month Then That tell condition his life while in prison.
" There's only one squat toilet as high as waist For One cell, with about 80-100 inmates sleep in it," Thana said. "We sleep in it lean on one shoulder each other from end to end
b. Reconstruction of the Regulatory Values of Protecting Prisoners' Rights in the Indonesian Justice System Based on Pancasila Values of Justice
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 ).
cxvi
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 become bridge liaison from policy protection social ( social defense policy ) for going to toward achievement ambition well-being social ( social welfare )
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.
Reconstruction the value you want achieved in study This is that previously regulation protection right prisoner in system the judiciary in Indonesia yet fair now can based mark justice.
c. Reconstruction of Regulatory Norms Protection of Prisoners' Rights in the System Justice in Indonesia Based on Pancasila Values of Justice
cxvii
Based on description above, then served reconstruction regulation protection right prisoner in system Justice based criminal law in Indonesia mark Pancasila justice in table following this :
Table 5.1.
Summary Reconstruction Regulation Protection of Prisoners' Rights in the System Justice Criminal In Indonesia Based
The Value of Pancasila Justice
No. construction Weakness Reconstruction
1 Constitution Number 22 of 2022 About Correctional Article 7
Prisoners have the right:
a. carry out worship according to their religion or belief; b. receive treatment, both physically and spiritually; c. get education, teaching, and recreational activities, as
Not yet right
rehabilitation and recovery Name Good
Constitution Number 22 of 2022 About Correctional Article 7 with add the letter l ie right
rehabilitation and recovery Name Good as well as can grow and develop the economy, so reads : Article 7
Prisoners have the right:
a. carry out worship
cxviii well as opportunities to
develop potential; d. get proper health services and food in accordance with nutritional needs; e.
get information services; f.
get legal counseling and legal assistance; g. submit complaints and/or
grievances;
h. get reading material and follow the
mass media broadcasts that are not prohibited; i.
receive humane treatment and be protected from acts of torture, exploitation, neglect, violence, and all actions that endanger the physical and mental;
according to their religion or belief; b. receive treatment, both physical and
spiritual;
c. get education, teaching, and recreational activities, as well as opportunities to develop potential; d. get proper health services and food in accordance with nutritional needs; e. get information services; f. get legal counseling and legal assistance; g. submit complaints and/or grievances;
h. obtain reading materials and follow broadcasts of mass media that are not prohibited;
cxix j. get social services; and K.
accept or refuse visits from family, advocates,
companions, and the community.
i. receive humane treatment and be protected from acts of torture, exploitation, neglect, violence, and all actions that endanger the physical and mental;
j. get social services; And k. accept or refuse visits
from family,
advocates, assistants, and the community.
l. right rehabilitation and recovery Name well, as well can grow and develop the economy.
CLOSING 1. Conclusion
a. Regulation protection right prisoner in system Justice crime in Indonesia yet value based justice, p This often found dissonance connection between subsystem in a manner administration in implementation system Justice criminal so that cause system Justice integrated crime No
cxx
Possible Can materialized and what happened precisely on the contrary ie failure from principles and principles law that becomes base from framework normative system Justice criminal integrated. This is what can make protection right prisoner in system Justice crime in Indonesia.
b. Weakness from aspect substance law Still Not yet firm and clear protection right prisoner in system justice, moreover in the complex frequent bureaucracy happen in in practice, so looked at necessity There is reconstruction legislation. Weakness from aspect structure law that 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. So that needed synergy between apparatus in the justice system criminal. Weakness from aspect culture law that 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 often No in accordance Again
cxxi
with level civilization as well as dignity the Indonesian people who have independence with the philosophy of Pancasila.
c. Reconstruction regulation protection right prisoner in system based judiciary in Indonesia mark Pancasila justice on:
Constitution Number 22 of 2022 About Correctional Article 7 with add the letter l ie right rehabilitation and recovery Name Good as well as can grow and develop the economy, so reads :
Article 7
Prisoner entitled :
a. perform proper worship religion or his trust ; b. get care, fine physical nor spiritual ;
c. get education, teaching, and activities recreational, as well chance develop potential ;
d. get service proper health and food in accordance with need nutrition ;
e. get service information ;
f. get counseling law and assistance law ; g. convey complaints and/ or complaint ;
h. get material read and follow mass media broadcasts that do not prohibited ;
cxxii
i. get treatment in a manner humane and protected from action torture, exploitation, omission, violence, and everything dangerous action physical and mental;
j. get service social ; And
k. accept or reject visit from family, advocate, partner, and community.
l. right rehabilitation and recovery Name well, as well can grow and develop the economy.