STUDI TENTANG SINKRONISASI PERATURAN PEMERINTAH NOMOR 99 TAHUN 2012 TENTANG PERUBAHAN KEDUA ATAS PERATURAN PEMERINTAH NOMOR 32 TAHUN 1999 TENTANG SYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN TERHADAP UNDANG-UNDANG NOMOR 12 TAHUN 1995 T

Abstrak

The enactment of Government Regulation Number 99 of 2012 triggers
pros and cons, especially in terms of regulating the granting of prisoners' rights
to be considered contrary to the Correctional System regulated in Law Number
12 of 1995. This study aims to provide understanding and contribution of
knowledge, especially constitutional law related to the provision of parole for
prisoners in accordance with Government Regulation Number 99 of 2012 in the
Correctional System in Indonesia and to describe and analyze the Enforcement
of Government Regulation Number 99 of 2012 on the Law 12 of 1995 when
viewed from the hierarchy of legislation
The research method used in this research is a normative juridical
approach to the data collection techniques used in this study by taking an
inventory of various provisions of laws and regulations as well as literature
related to the issues discussed.
In carrying out the research the author found several things that were not
appropriate in the enactment of Government Regulation Number 99 of 2012
against the 1945 Constitution and Law Number 12 of 1995.The results of this
study indicate that the restrictions on the rights of assisted citizens as stipulated
in Government Regulation 99/2012 should be stated in the Law, thus it is
contrary to Article 28 letter J of the 1945 Constitution. In addition, the results of
this study indicate that restrictions on the Rights of Fostered Citizens in the
implementation of Government Regulation 99 of 2012 are contrary to the
principle of guidance in accordance with the penal system regulated in Act
Number 12 of 1995 concerning correctional measures. Based on the results of
this research, it is necessary to take steps to realize harmonious and synchronous
regulations according to the hierarchy of the prevailing laws and regulations,
namely by revising the Criminal Code and the Correctional Law, as well as
placing the Assisted Citizens for Special Crimes in Super Maximum Security
Prisons so as not to interfere. coaching program in Medium Lapas and minimum
security.
Keyword: Synchronization of Regulations, Government Regulation Number 99
of 2012