ANALISIS YURIDIS PELAKSANAAN PEMBERIAN REMISI DAN PEMBEBASAN BERSYARAT SEBAGAI BAGIAN DARI PROSES PIDANA PENJARA (Studi di Lembaga Pemasyarakatan (LP) Kelas II A Sragen)

Abstract

Penitentiary system is an order about direction and boundary and way of guidance of community assisted people to realize mistake, can improve and do not repeat crime. Basically prisoners as prisoners have rights which guaranteed by law. The author will disguise the right in the right to get a reduction in the term of detention (remission) and the right to parole.The problems studied in this research are: (1) How is the implementation of Remission and Conditional Disbursement for the prisoners of Penitentiary (LP) Class II A Sragen. (2) What are the obstacles in granting Remission and Parole to the prisoners of Penitentiary (LP) Class II A Sragen. The research method used in this research is qualitative research and descriptive research type with empirical juridical approach. Data analysis method used in this research is data collection, data reduction, data presentation, conclusion. The results of the research are: (1) The implementation of remission in Class IIA Sragen Correctional Institution implemented in accordance with Presidential Decree no. 174 Year 1999 jo. Decree of the Minister of Law and Human Rights and Legislation of the Republic of Indonesia No.M.09.HN.02 / 01 of 1999 on the Implementation of Presidential Decree No. 174 In 1999, Permenkumham 21 of 2016 states: Parole, a program of coaching to integrate Prisoners and Children into the life of the community. after fulfilling the specified requirements. convicted prisoners still have to comply with the other terms specified in Article 5 to Article 9 of Regulation of the Minister of Justice and Human Rights Number: M.2.PK.04-10 Year 2007. (2) Constraints on prisoners themselves Prisoners granted Conditional Exemption must be guaranteed. Letters of assurance from the family, inmates involved or taking disciplinary action or other matters that constitute a breach of discipline. The conclusion of this research is: In Human Rights Permenkum No 21 of 2013 and in Permenkum HAM No 21 of 2016 also did not mention that the human factor used in the remission can also be applied for the granting of parole. Suggestions from this research: Optimization of online system for remission and conditional application with strict supervision and optimal performance so that the system used makes it easier and transparent. Keywords: Remission, Conditional Submission, Penal Institution