Knowing Conditional Leave According to Indonesian Law

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Contoh Surat Pencabutan Gugatan", "Contoh Surat Kuasa Substitusi", you may read also "Knowing Parole in Indonesia" and still on matters related to the rights of prisoners living in correctional institutions in Indonesia, in this occasion we will discuss about 'Knowing Conditional Leave According to Indonesian Law'. Let's check it out.

Legal Terms of Conditional Leave (Cuti Bersyarat)

Conditional leave is a coaching program to integrate prisoners and children in conflict with the law into community life after fulfilling predetermined requirements.[1] This is equal to a prison program to reintegrate prisoners into society.

Conditional Leave Terms

The following are the 5 conditions for obtaining conditional leave:[2]

1. Maximum 1 Year 6 Months imprisonment;
2. Has served 2/3 (two thirds) of the criminal period;
3. Good behavior for the past 6 months for general crimes, and 9 months for prisoners of Terrorism, Narcotics and Narcotics Precursors, Psychotropics, corruption, crimes against State security and serious human rights crimes, as well as other transnational organized crimes;
4. Paying in full fines, and/or replacement money for criminal acts of corruption, and for crimes of terrorism must also show awareness and remorse, and state a written pledge of allegiance to the Unitary State of the Republic of Indonesia, and will not repeat acts of terrorism in writing for foreign nationals.
5. Conditional Leave is granted for a maximum of 4 (four) months.

The author needs to emphasize that what is meant by conditional leave is basically related to the following two conditions, namely a maximum of 1 year 6 months and has served 2/3 (two thirds) of the criminal period. In addition, also complete your application with the following:[3]

1. Photocopies of excerpts from judges' decisions and minutes of implementation of court decisions and reports on development progress made by correctional guardians/results of risk assessment and needs assessment carried out by assessors and community research reports made by Community Counselors who are known to the Head of the Correctional Institution.
2. Notification letter to the District Attorney regarding the plan to give CB/Conditional Leave to the prisoners and correctional students concerned.
3. A copy of register "F", a copy of the list of changes from the head of the prison and a statement from the prisoner or correctional student that they will not commit an unlawful act.
4. A letter of guarantee of ability from the family known to the "lurah", village head stating that prisoners or correctional students will not run away and commit unlawful acts, as well as assisting in guiding and supervising prisoners / correctional students during the CB/Conditional Leave program.
5. Foreign prisoners/students must fulfill the completeness of the documents, namely a guarantee letter that they will not run away and will comply with the requirements specified by the state embassy/consulate and their families, persons, or corporations who are responsible for the presence and activities of the prisoners/students while in the territory of Indonesia. and attach a certificate from the Director General of Immigration or a designated Immigration Officer stating that the person concerned is exempt from the obligation to have a residence permit.

Procedure for Granting Conditional Leave

The following is the procedure for obtaining conditional leave: [4]

1. The correctional observer team recommends the proposal for granting CB/Conditional Leave to the head of prison based on data on inmates and convicted criminals who have met the requirements.
2. The head of prison approves the proposal for granting CB/Conditional Leave.
3. The proposal for granting CB/Conditional Leave is submitted to the Head of the Regional Office on behalf of the Minister to determine the decision to grant CB/Conditional Leave based on the recommendation of the correctional observer team at the office region.

And if you have any legal issue with your CB/Conditional Leave application, 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. "Apa itu Bebas Bersyarat yang Diperoleh Pinangki hingga Zumi Zola?", www.detik.com., Diakses pada tanggal 24 September 2022, Link: https://news.detik.com/berita/d-6276725/apa-itu-bebas-bersyarat-yang-diperoleh-pinangki-hingga-zumi-zola

2. "CUTI BERSYARAT (CB)", www.lapasambon.com., Diakses pada tanggal 24 September 2022, http://www.lapasambon.com/cuti-bersyarat.html

3. "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 9 September 2022, https://lpppkp.kemenkumham.go.id/informasi-publik/prosedur-pelayanan/layanan-bidang-informasi-dan-komunikasi-6/program-remisi-asimilasi-pb-cb-cmb-dan-cmk

4. Ibid.