Conditions for Obtaining Remission

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Types of Remission in Indonesia", "How to Open a Police Report in Indonesia?", you may read also "First Legal Aid When a Foreigners Arrested By The Police" and on this occasion we will discuss about 'Conditions for Obtaining Remission'.

In the previous article we have understood that "general remission" is given to all inmates of the correctional institution. This remission is given every commemorating the independence day of the Republic of Indonesia, which is August 17 in every year. We have also seen that "special remission" is a period of reduced punishment given to all inmates of a correctional institution when each inmate commemorates religious holidays. We have also understood that "humanitarian remission" is a reduction in serving a sentence for reasons of universally recognized elementary values ​​of human beings. We have also understood that "additional remission" is a reduction in serving a sentence based on certain rules which becomes a bonus when a prison inmate does something useful.

Various remissions as explained above, of course it has conditions, and this is regulated in the relevant law such as Regulation of the Minister of Law and Human Rights (Permenkum HAM) Number 3 of 2018 concerning Terms and Procedures for Granting Remission, Assimilation, Leave to Visit Family, Conditional Release, Leave Before Release, and Conditional Leave as amended by Permenkum HAM Number 18 of 2019 and Permenkum HAM Number 7 of 2022, these conditions are:[1]

• Have a good behavior, 
• and has served a criminal term of more than six months. 

Remissions are not given to prisoners who are on leave before being released and are serving confinement as a substitute for fines. Meanwhile, for children who are in conflict with the law, remission can be granted if they meet the requirements, namely: 

• Have a good behavior, 
• Have served a criminal period of more than three months, and are not yet 18 years old.

Remissions are not given to children who are on leave before being released and are undergoing job training as a substitute for fines.[2]

There are separate requirements for Terrorism, Narcotics and Corruption convicts related to this remission, namely:[3]

• Have a Good behavior and having served a criminal term of more than six months are the two main requirements that must be met by prisoners if they want to get remission. 

However, there are additional requirements for terrorism, narcotics and corruption convicts who wish to be granted remission. For convicts of criminal acts of terrorism, additional requirements must be met, namely:[4]

• Having participated in the deradicalization program organized by Lapas and/or the National Counterterrorism Agency (BNPT), 
• Stating a written pledge of allegiance to the Unitary State of the Republic of Indonesia for Indonesian citizen prisoners, or stating a written pledge not to repeat the criminal act of terrorism for foreign national prisoners. 

For narcotics convicts, precursors of narcotics and psychotropic substances, additional requirements that must be met to obtain remission are: [5]

• They must be willing to cooperate with law enforcement to help dismantle criminal cases they have committed. 

Meanwhile, for corruption convicts, apart from having to fulfill two main requirements, they also have to pay fines and replacement money in accordance with court decisions.[6] And if you have any legal issue with this topic, contact us then, feel free in 24 hour, we will be happy to assist you. 

*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "Syarat untuk Mendapatkan Remisi bagi Narapidana", www.kompas.com., Diakses pada tanggal 1 September 2022, https://nasional.kompas.com/read/2022/04/20/00450081/syarat-untuk-mendapatkan-remisi-bagi-narapidana

2. Ibid.

3. Ibid.

4. Ibid.

5. Ibid.

6. Ibid.