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ISSN 2063-5346
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THE IMPLEMENTATION OFCORRECTIONAL SYSTEM IN INDONESIA BASED ON JUSTICE VALUES

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Syawal A Siregar, Sri Endah Wahyuningsih, Eko Soponyono
» doi: 10.31838/ecb/2023.12.s3.396

Abstract

From the past until now the imprisonment (deprivation of independence) remains a first choice in the criminal sanctions system often imposed by the judge in deciding cases. Punishment must contain elements of humanity, education and justice. Imprisonment is not only to provide a deterrent effect by confining the perpetrator in a cell of detention. When viewed more deeply, imprisonment does not simply affect the capacity of the prisoners but will also increase the cost of legal aid. Guidance of prisoners is done no longer in accordance with the development of values and the nature that grows in the community. This article aims to analyze the correctional system in Indonesia based on the value of justice. This research used the paradigm of constructivism with the nature of research used was descriptive and prescriptive. Method used in this research was the method of empirical juridical approach. Data sources in the study consisted of data obtained directly and from library materials. This research used secondary and primary data obtained from data collection methods by library study and field study done by conducting interviews. The data analysis used was descriptive qualitative. The results show that in the formation of prisoners are often not in accordance with the mandated Correctional Law Article 14 paragraph (1) on the rights of prisoners and in the provisions of PP. 31/1999 on the Establishment of Prisoners in Correctional. It is the basis of how prisoners should be well-treated and humane in an integrated system of punishment. The diversity of problems born then raises the idea that the existence of prison use can no longer work effectively. Many parties then questioned the efficiency of the use of prisons when viewed from the burden of the state budget. The state budget is increasingly bloated with the high crimes that happen in Indonesia. In response to comprehensive mitigation, in particular the basic rights of inmates in suppressing over crowded, in addition to increasing occupancy capacity, another tactical solution is needed only to spread the capacity and security stability of the crowded area into the area that still allows its capacity. Another step is to optimize the provision of the rights of the assisted citizens, namely remission (reduction of criminal life) and social reintegration programs, such as Conditional Parties (CB), Conditional Leave (CB) and Free Leave (CMB).

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