Knowing Parole in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Conditions for Obtaining Assimilation Program in Indonesia", "A Brief Insight of Assimilation in Indonesia", you may read also "Types of Remission in Indonesia" and on this occasion we will discuss about 'Knowing Parole in Indonesia'.

Having previously discussed about assimilation, on this auspicious occasion will be discussed related to parole. Basically, parole has allowed residents of the correction institution to return to society (breathe of freedom). Even though it has fully returned to society, there are still some 'controls' that remain from the correction institutions, such as one of them being obliged for regular present report. 

What is Parole?

Actually in the Criminal Code there are no article that specifically mentions the meaning of parole. The Criminal Code only mentions the conditions for an inmate to be entitled to parole. The definition of parole seems clearer when you look at the laws and regulations outside the Criminal Code and the opinions of experts in the field of law. Conditional release according to the provisions of Article 1 letter b of the Decree of the Minister of Justice Number M.01-PK.04.10 of 1999 concerning Assimilation, parole and leave before being released, namely:[1]

"Pembebasan bersyarat dan cuti menjelang bebas adalah proses pembinaan Narapidana di luar Rumah Tahanan atau Lembaga Pemasyarakatan, berdasarkan ketentuan Pasal 15 dan 16 KUHP serta Pasal 14, Pasal 22 dan Pasal 29 Undang-undang Nomor 12 Tahun 1995 tentang Pemasyarakatan (Free translation: Conditional release and leave before being released is the process of fostering inmates outside the Detention Center or Correctional Institution, based on the provisions of Articles 15 and 16 of the Criminal Code as well as Article 14, Article 22 and Article 29 of Law Number 12 of 1995 concerning Corrections)"

This is what is meant by parole which we recently granted to corruption convicts such as Ratu Atut (Former Governor of Banten), Pinangki Sirna Malasari (Former Prosecutor related to the Joko Candra case), Zumi Zola (Former Governor of Jambi) and others.

Legal Basis of Parole

The legal basis for parole is regulated in the Criminal Code (KUHP) and Law Number: 22 of 2022 concerning Corrections. Nor other implementing regulations such as Decree of the Minister of Justice Number M.01-PK.04.10 of 1999 concerning Assimilation, parole and leave before being released. As well as other relevant legal sources.

Conditions for Obtaining Parole

The following are the conditions for obtaining parole:[2]

1. Has served a minimum criminal period of 2/3 (two thirds), provided that 2/3 (two thirds) of the criminal period is at least 9 (nine) months;
2. Good behavior while serving a criminal period of at least the last 9 (nine) months calculated before 2/3 (two thirds) of the criminal period;
3. Has undergone assimilation of at least 1/2 (one half) of the remaining criminal period that must be served (Convicts of criminal acts of terrorism, narcotics and narcotics precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security);
4. Have attended the coaching program well, diligently, and enthusiastically;
5. The public can receive the prisoner coaching activity program;
6. Parole can be given to State Children after undergoing training for at least 1 (one) year;
7. Photocopy of the excerpt of the judge's decision and the minutes of the implementation of the court's decision;
8. Report on the development progress made by the correctional guardian/ the results of the risk assessment and needs assessment carried out by the assessor;
9. Community research report made by the Community Advisor who is known to the Head of the Father's;
10. Notification letter to the District Attorney regarding the plan to give parole to the Prisoners and Correctional Students concerned;
11. Copy of register F from the Head of Prison;
12. A copy of the change list from the Head of Prison;
13. A statement from the prisoner or the correctional student will not commit any unlawful act;
14. A letter of guarantee of ability from the family known to the Chief Village or 'lurah' or 'kepala desa', the Chief Village 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 parole program;
15. In addition, for convicts of criminal acts of terrorism, narcotics and narcotics precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security, attach: (a). A certificate of willingness to cooperate to help dismantle the criminal act he has committed as determined by the law enforcement agency; (b). Certificate of having participated in the De-radicalization program from the Head of Prisons and/or the National Agency for Combating Terrorism (for Terrorism Convicts).

Procedure for Obtaining Parole

The following are the procedure for obtaining parole:[3]

1. The correctional observer team recommends the proposal for granting parole for inmates and criminal juveniles to the head of the prison based on the data of inmates and convicts who have met the requirements; 
2. The head of the prison approves the proposal for granting remission;
3. The proposal for granting parole is submitted to the head of the regional office based on the recommendation of the correctional observer team at the regional office;
4. The proposal is submitted to the Director General, the Director General on behalf of the Minister determines the granting of parole.

And if you have any legal issue with your parole 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. "Jaksa Pinangki Keluar dari Penjara, Apa Itu Bebas Bersyarat?", nasional.tempo.co, Diakses pada tanggal 9 September 2022, https://nasional.tempo.co/read/1631387/jaksa-pinangki-keluar-dari-penjara-apa-itu-bebas-bersyarat

2. "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

3. Ibid.