THE VALUE OF PANCASILA JUSTICE
C. Research Methods
2. Weaknesses That Exist In Regulation Protection of Prisoners' Rights in the System Justice Current Criminal
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the same time Separovic evaluate No There is step progress in pay attention to the victim. With thereby so can said that the victim has been become object violence and oppression by the perpetrators from Formerly until Now become Neglected Party.
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 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.
2. Weaknesses That Exist In Regulation Protection of Prisoners' Rights in
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understandably, because work compile renewal appropriate laws with progress knowledge knowledge law, guard authority government guarantees interest law society, and based on principle humanity renewal system crime and execution crime, in particular criminal prison in the legislation, if reviewed from facet demands modernization law criminal and penology already grow growing in the adult world This No Again problem new.
However if reviewed from facet influence modernization law criminal and penology are still must customized with atmosphere Indonesian people, p this is what it is A work new. Work For adapt influence modernization to law crime, crime and punishment according to awareness developing law in society so they can become culture law Indonesian society apparently Lots experience difficulty For make it happen.
Base Juridical about Convicts in regulation legislation there is in Law No. 12 of 1995 Article 14 concerning Correctional and Regulation Government Number 32 of 1999 concerning Terms and Procedures for the Implementation of the Rights of the Fostered Citizens Correctional Articles 14-16. Constitution Number 12 of 1995 Article 14 concerning Correctional
So apart from having obligations in the Penitentiary, a convicts also have rights. In the Indonesian dictionary, rights own understanding about something right thing, possession, belonging, authority, power For do
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something.46 Like case humans in general, a prisoner still have same rights although part from her rights temporary seized by the state.
However factor supporters can hampered with obscurity prisoner in obtain rights conditions, such as :
1. Lack of interest partners from outside prison For accept prisoner assimilate.
2. Lack of understanding prisoner confess understanding assimilation That alone.
3. There are prerequisites guarantee in liberation conditional, form guarantee family and security letter sometimes land difficult fulfilled prisoner.
4. There is a process of giving enough remission eat time ;
5. Still not he explained enforcement Regulation Government Number 99 of 2012. As example ; the original convict get remission according to PP 28 of 2006 must fulfil condition which is stated in PP 99 namely exists terms Justice Collaborator, so that the previous prisoner the can obtain remission but Because No there is a Justice Collaborator He difficult obtain remission etc.
46Indonesia Dictionary. Right. https://kbbi.web.id. Retrieved July 24, 2023
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6. The enforcers don't understand law, especially party police and prosecutors about rules in Regulation Government Number 99 of 2012.
7. Lack of coordination between enforcers law about submission of Justice Collaborators.
8. How difficult submission of Justice Collaborators.
9. There is a request Rp. 800 million in subsidiary payments in Justice Collaborator's request.
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.
b. Aspect Legal Structure
From existing field data can depicted factor supporters in application rights prisoner among them are :
1.Support of officers Prisons that can build prisoner with No make it as object vengeance, nor as one lacking socialization.
2.Support increases spiritual and morality in traits and attitudes convicts too supporters application rights convicts, that is No exists Again characteristic possible egoism trigger disturbance security in prison.
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3. Implementation of rights prison inmates are also supported with existing facilities and infrastructure although No denied that Still There is a number of existing facilities and infrastructure inhibitor application rights convicts, like excess capacities, and rights on health as well as right on hampered education post riots and arson.
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.
c. Aspect Legal Culture
Penitentiary as end spear implementation principle protection is place For reach objective above through education, rehabilitation, and reintegration. In line with the role of Correctional Institutions such, then that's right if Officer Executing Correctional task development and security of inmates Correctional in Constitution This set as Official functional Law Enforcement.
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System Correctional beside aim For return the Inmates Correctional as good citizens also aim For protect public to possibility he repeated follow punishment by inmates Correctional, as well is application and parts that do not inseparable from contained values in Pancasila. In system Correctional Institutions, Convicts, Correctional Students, or Correctional Clients entitled get coaching spiritual and physical as well as guaranteed rights they For operate worship, related with party outside Good family nor party else, get information Good through print media nor electronics, acquire proper education and so on.
For carry out system society, participation is also required society, fine with stage Work The same in coaching nor with attitude willing accept back Fostered Citizens Corrections that have finished undergo the criminal.
Furthermore For ensure implementation rights the, besides a Correctional Technical Implementation Unit is held direct carry out coaching, also held a Consideration Center Corrections that give advice and considerations to the Minister regarding implementation system Correctional and Observation Team Penitentiary which provides advice regarding the development program for assisted residents Penitentiary in every Technical Implementation Unit and various means support other. For replace old rules and regulations existing legislation base on the system prison and for arrange
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things recently assessed more in accordance with Pancasila and the 1945 Constitution, then be formed Constitution about Correctional this.
Implementation function punishment as place or means coaching, rehabilitation and reintegration inhabitant under the Correctional Institution, then system former Indonesian prison known full torture and discrimination in a manner gradually start abandoned through gift guidance and protection to prisoner. this intended for convicts later can return become member more society ok. Correctional in essence is one embodiment from institutionalization society's formal reaction to crime. Reaction public this at first only focus on elements gift anguish on the violators law. In line with development society, then element gift suffer the has also been balanced with humane treatment with notice rights basic violator law as creature individual, as well as creature social. Because that is correctional has also been enabled as place rehabilitation of prisoners with various type activity construction.47
Penitentiary that upholds tall rights basic perpetrator crime, of course matter This No just is task institution penitentiary, but also a task government and society. In Article 1 paragraph (2) of the Law Number 12 of
47 Dwidja Priyatno, 2013, System Implementation Criminal Prisons in Indonesia, Refika Aditama, Jakarta, p. 43
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1995 concerning Correctional determine that : System Correctional is something order about directions and boundaries as well method coaching inhabitant built penitentiary based on Pancasila that is implemented in a manner integrated between coaches, the coached and the community For increase the quality of the Fostered Citizens Correctional to be aware error, fix self, and no repeat follow criminal so that can accepted returned by the environment society, can active role in development, and can life in a manner reasonable as good and responsible citizens answer.48
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 with level civilization as well as dignity the Indonesian people who have independence with the philosophy of Pancasila.
3. Reconstruction Regulation Protection of Prisoners' Rights in the