Types of Remission in Indonesia

 

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "Several Important Legal Permit for Apartments", "What's The Difference Between Police Report and Public Complaint?", you may read also "How to Open a Police Report in Indonesia?" and on this occasion we will discuss about 'Types of Remission in Indonesia'.

In the flow of punishment in Indonesia, we will be faced with a long process. The final stage of the process is the correctional process. In the correctional process as intended, there is a term that is often expected by inmates/convicts, namely remission. On this occasion we will introduce to the readership about the types of remission that exist in Indonesia.

Legal Basis

Recently, President Joko Widodo signed Law Number: 22 of 2022 concerning Corrections, this Law is a criminal justice subsystem that carries out law enforcement in the field of treatment of prisoners, children, and inmates.[1] As part of the criminal sub-system in Indonesia, this Corrections Law also regulates remission. To understand about this remission, it's good to read the following remission terminology.

Term of Remission

Article 10 point 1 Law Number: 22 of 2022 concerning Corrections regulates the rights of prisoners, namely as follows:[2]

1. Remission;
2. Assimilation;
3. Leave to visit or be visited by family;
4. Conditional leave;
5. Leave before release;
6. Parole; and
7. Other rights in accordance with the provisions of the legislation.

Although it is regulated in this law, it does not directly describe the term remission. Therefore we will refer to other sources of law, namely: Government Regulation No: 32 of 1999 concerning Terms and Procedures for Implementing the Rights of Correctional Inmates. According to this legal source, what is meant by remission is:[3]

"Remisi adalah pengurangan masa menjalani pidana yang diberikan kepada narapidana dan anak yang memenuhi syarat-syarat yang ditentukan dalam peraturan perundang-undangan. (Free Translation: Remission is a reduction in the period of serving a sentence given to prisoners and children who meet the requirements specified in the legislation.)"

In the Government Regulation as above, we can understand that what is meant by remission is: "a reduction in the period of serving a sentence". This is the essence of the term remission.

Types of Remission in Indonesia

The type of remission is regulated in the 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 the Minister of Law and Human Rights Regulation Number 7 of 2022.[4]

In general, the types of remission granted by the government are as follows:[5]

• general remission, 
• special remission, 
• humanitarian remission, and 
• additional remission.

General Remission

General remission was given on the anniversary of the proclamation of independence of the Republic of Indonesia on 17 August. The amount of general remission given, namely:[6]

• for prisoners who have been imprisoned for six to 12 months are given one month remission,
• those who have been imprisoned for more than 12 months are given two months remission, 
• those who have been imprisoned for two years are given three months remission, 
• for those who have Those who have been imprisoned for three years are given four months' remission, 
• those who have been imprisoned for four and five years are given five months' remission, 
• those who have been imprisoned for six years and so on are given six months' remission.

Special Remission

Special remissions are given during religious holidays according to the prisoner's religion. Religious holidays that are used as references, namely:[7]

• Islam: Eid al-Fitr, 
• Protestant and Catholic Christians: Christmas, 
• Hindu: Nyepi, 
• Buddhist: Vesak Day. 
• In addition to these religions (other religions, beliefs, foreigners), usually prisoners will choose a belief that is similar to the religion mentioned above. 

The amount of the special remission is:[8] 

• for prisoners who have been imprisoned for six to 12 months, 15 days are given remission, 
• for those who have been imprisoned for more than 12 months to three years, are given one month remission, 
• for those who have been imprisoned for four and five years, are given one month remission days,
• for those who have been imprisoned for six years, are given two months remission.

Humanitarian Remission

Remissions for the benefit of humanity are given to:[9]

• Child prisoners, 
• Prisoners aged over 70 years, 
• Prisoners who are declared by prison doctors/expert doctors to have incurable, life-threatening diseases, or require expert treatment, 
• Prisoners who are sentenced to a maximum sentence of one year.

Additional Remission

Additional remission is given together with general remission. This remission is given if the prisoner performs useful actions, such as:[10]

• Providing services to the state: The amount of remission is half of the general remission obtained in the current year, 
• Beneficial to the state or humanity (for example, becoming an organ donor and/or blood donor): Amount remission equal to half of the general remission obtained in the current year, 
• Assisting coaching activities in correctional institutions: The amount of remission is one-third of the general remission obtained in the current year, 
• Witnessing perpetrators who cooperate with law enforcement: Remission amount is half of general remission earned in the current year.

And if you have any legal issue with your remission 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. "Jokowi Teken UU 22/2022 tentang Pemasyarakatan", sulbar.kemenkumham.go.id., Diakses pada tanggal 30 Agustus 2022, https://sulbar.kemenkumham.go.id/berita-kanwil/5662-jokowi-teken-uu-22-2022-tentang-pemasyarakatan

2. Law Number: 22 of 2022 concerning Corrections.

3. PP No: 32 Tahun 1999 Tentang Syarat Dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan (Government Regulation No: 32 of 1999 concerning Terms and Procedures for Implementing the Rights of Correctional Inmates).

4. "Jenis-Jenis Remisi Narapidana", nasional.kompas.com., Diakses pada tanggal 30 Agustus 2022, https://nasional.kompas.com/read/2022/04/19/00300081/jenis-jenis-remisi-narapidana

5. Ibid.

6. Ibid.

7. Ibid.

8. Ibid.

9. Ibid.

10. Ibid.