Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-4 | Issue-02 | 40-46
Original Research Article
Reconstruction of the Implementation of Imprisonment in Indonesia's Penalty System Based on the Value of Justice
Sumanto, Hartiwiningsih, Sri Endah Wahyuningsih, Abdul Kholiq Nur, Kusuma
Published : Feb. 4, 2021
Abstract
The right to receive remission and parole is a human right of prisoners while attending coaching during their prison term in Indonesia is still discriminatory as it has not been based on the value of justice because not all prisoners automatically receive remission or parole even while undergoing guidance in a correctional institution of good behavior. This encourages the author to conduct a study that raises the weaknesses of prison in the prison system in Indonesia currently and how to reconstruct the implementation of imprisonment in a system that has justice values. The research method used in this article is a non-doctrinal method with a constructivist paradigm. The results showed that the fulfillment of prisoners' rights, especially the right to remission and parole rights, was not based on the value of Pancasila justice. It is still discriminatory because it still combined the Integrative Theory with the Theory of Retaliation and not promoting humanity. Therefore, it is necessary to have reconstruction in Article 14 as an effort to fulfill the rights of prisoners. Where the rights of prisoners must be distinguished between absolute or absolute rights with relative rights. the practical implications of reconstruction of the fulfillment of prisoners' rights based on the value of justice in the context of rehabilitation, reintegration and must also through a restorative justice approach.