CONDITIONAL RELEASE OF RECIDIVISTS IN CLASS IIA TENGGARONG WOMEN’S CREATE

  • Kadek Ulan Sukma Faculty of Law University of 17 Agustus Samarinda
  • Ony Rosifany Faculty of Law University of 17 Agustus Samarinda
  • Kunti Widayati Faculty of Law University of 17 Agustus Samarinda
  • . Isnawati Faculty of Law University of 17 Agustus Samarinda
Keywords: Correctional Institutions, Convicts, Recidivists, Parole

Abstract

Conditional release aims to return prisoners to society, hoping they will not repeat their crimes. However, a convict who has been released can commit crimes again (recidivist). In this regard, it raises the notion that convicts do not have a deterrent effect on criminal sanctions, so they need legal certainty that regulates this matter. This study aims to: (1) Provide an elaboration and explanation of the Legal Policy on Parole for Recidivist Convicts in Class IIA Tenggarong Women's Correctional Institution that is currently in effect and (2) Know the factors that hinder the implementation of parole-granting activities for these Recidivist Convicts. This research is qualitative research with an empirical normative approach. Data collection was carried out using the Interview Method. The research results show that the legal policy towards Parole for recidivists in Class IIA Tenggarong Women's Prison refers to Law Number 22 of 2022 concerning Corrections. Lack of Human Resources (Staff), the Correctional Information System, which runs slowly, the family as a guarantor, and prisoners' behaviour are the inhibiting factors in granting conditional release to recidivist convicts at Class IIA Tenggarong Women's Penitentiary.

Downloads

Download data is not yet available.

References

PaisolBurlian. 2015. Legal System in Indonesia, Faculty of Da'wah and Communication UIN Raden Fatah, Palembang.
Lawrence M. Friedman, 2019. The Legal System: A Social Science Perspective, translation by M.Khozim, Nusa Media, Bandung.
Farida SektiPahlevi, 2022. Eradicating Corruption in Indonesia: Legal System Perspective, Faculty of Sharia, Ponorogo State Islamic Institute, Vol. 1, No. 1.
P.A.F Lamintang and Theo Lamintang. 2020. The second edition of Indonesia's Penitential Law, Sinar Graphic, Jakarta, page 11.
DwidjaPriyatno. 2006. Imprisonment Criminal Implementation System in Indonesia, RefikaAditama Publisher, Bandung.
Zara and Farrington, 2015, Criminal Recidivism: Explanation, prediction and prevention, Routledge Publishers, Abingdon.
Prianter J. Hairi, 2018, Concepts and Renewal of Recidivism in Criminal Law in Indonesia, Research Center for the DPR RI Expertise Agency, Vol. 9, No. 2.
Laily and Fathul, The Effect of Expectations on Recidivist Tendencies in Prisoners, Faculty of Psychology, State Islamic University of Maulana Malik Ibrahim Malang.

Regulations:
Law Number 22 of 2022 concerning Corrections
Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning Terms and Procedures for Granting Parole and
Regulation of the Minister of Law and Human Rights Number 7 of 2022 concerning the Second Amendment to Regulation of the Minister of Law and Human Rights Number 3 of 2018.
Published
2023-05-27
How to Cite
Ulan Sukma, K., Rosifany, O., Widayati, K., & Isnawati, . (2023). CONDITIONAL RELEASE OF RECIDIVISTS IN CLASS IIA TENGGARONG WOMEN’S CREATE. GPH-International Journal of Social Science and Humanities Research, 6(05), 58-67. https://doi.org/10.5281/zenodo.7980444