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By:
Team of Hukumindo
Previously, the www.hukumindo.com platform has talk about "Conditions for Obtaining Remission", you may read also "Types of Remission in Indonesia" and on this occasion we will discuss about 'A Brief Insight of Assimilation in Indonesia'.
On the previous occasion, the conditions for obtaining remission for inmates of correctional institutions in Indonesia have been described. Still in the prisoner's rights session, this time we will go further by discussing assimilation. Matters relating to this such as understanding, legal basis and other elaborations can be read further.
Term of Assimilation in Indonesia
Assimilation is the process of fostering prisoners and correctional students carried out by assembling prisoners and correctional students in community life.[1] The author understands assimilation is the final process of Correctional which is a 'pre-return' of prison residents to society. This process works by re-socializing the inmates of the correctional institution to the community.
Legal Basis
As we have seen that recently President Republic of Indonesia Mr. Ir. 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.[2]
Article 10 point 1 Law Number: 22 of 2022 concerning Corrections regulates the rights of prisoners, namely as follows:[3]
- Remission;
- Assimilation;
- Leave to visit or be visited by family;
- Conditional leave;
- Leave before release;
- Parole; and
- Other rights in accordance with the provisions of the legislation.
We can see above that assimilation is one of the rights of inmates of correctional institutions as regulated by law.
Assimilation Form:[4]
- Education;
- Skills training;
- Social work activities;
- Other coaching in the community
Assimilation can be carried out:[5]
- Independently;
- With third parties, it must be based on a cooperation agreement that contains the rights and obligations of the parties.
The form of assimilation for convicts of special crimes is in the form of social work in social institutions. Social institutions engaged in: Religion, Agriculture, Education and culture, Health, Humanity, Hygiene, and which are oriented to provide services to the community. Provisions for coaching and mentoring for educational activities, skills training, social activities, and coaching outside the detention center/prison, are carried out by the detention center/prison officer. As for the activities of working for third parties, working independently, and placement in the Open Prison, it is carried out by the Rutan/Prison Officer and BAPAS.[6]
Are there any Assimilation exceptions? The answer is yes. Assimilation is not granted to Prisoners:[7]
- Who is in danger of life;
- Who is serving life imprisonment.
From the description above, the author thinks it is quite clear and provides a glimmer of insight for readers who need it. And if you have any legal issue with this topic (Assimilation), 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. "Pelaksanaan Asimilasi Narapidana di Lembaga Pemasyarakatan Terbuka Jakarta", www.neliti.com., Diakses pada tanggal 3 September 2022, https://www.neliti.com/publications/217392/pelaksanaan-asimilasi-narapidana-di-lembaga-pemasyarakatan-terbuka-jakarta
2. "Types of Remission in Indonesia", www.hukumindo.com., Diakses pada tanggal 3 September 2022, https://www.hukumindo.com/2022/08/types-of-remission-in-indonesia.html
3. Ibid.
4. "PROGRAM REMISI,ASIMILASI,PB,CB,CMB, DAN CMK", lpppkp.kemenkumham.go.id., Diakses pada tanggal 3 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
5. Ibid.
6. Ibid.
7. Ibid.
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