Conditions for Obtaining Assimilation Program in Indonesia

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By:

Team of Hukumindo

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

In the previous article, the www.hukumindo.com platform has discussed terminology, legal basis and other matters related to assimilation. On this valuable opportunity we will discuss further related to assimilation, namely regarding the terms and conditions that apply. Terms are important to discuss because if you as a reader or maybe you as a inmate of the correctional institution is looking for information related to this matter, you will know whether or not you are eligible for this program.

The assimilation conditions are as follows: [1]

1. A statement from the prisoner or correctional student will not run away and will not do anything that violates the law;
2. A letter of guarantee of commitment from the family known to the 'Lurah'/Chief of village stating that the prisoners/students will not run away, do not violate the law and assist in guiding and supervising prisoners/students during the assimilation program;
3. Letter of guarantee from schools, government or private agencies, and social or religious bodies/institutions, which guarantees to assist in guiding and supervising prisoners/students during the assimilation program;
4. 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;
5. Good behavior, i.e. not undergoing disciplinary punishment within the last 6 (six) months, commencing before the date of granting Assimilation;
6. Actively participate in the coaching program well;
7. Has served 1/2 (one half) of the criminal period;
8. For convicts of criminal acts of terrorism, narcotics and narcotic precursors, psychotropic substances, corruption, serious human rights crimes, transnational crimes, and crimes against state security, granting assimilation is that they have served 2/3 (two thirds) of the criminal period, then for Terrorism Convicts have completed following Deradicalization program organized by prisons and/or the National Counterterrorism Agency and attaching a certificate to participate in the program and stating a written pledge of loyalty to the Unitary State of the Republic of Indonesia for Indonesian citizens and will not repeat acts of terrorism for foreigners;
9. Attach a photocopy of the quote from the judge's decision and the minutes of the implementation of the court's decision;
10. Attach a copy of register "F" from the Head of Prison;
11. Attach a copy of the change list from the Head of Prison;
12. Report on development progress made by the correctional guardian/results of risk assessment and needs assessment conducted by assessors;
13. A community research report made by a community advisor who is known to the Head of the Fathers' Council

Assimilation procedure:[2]

1. The prison correctional observer team recommends the proposal for granting assimilation for prisoners and criminal children to the head of prison based on data on prisoners and criminal children who have met the requirements;
2. The head of prison approves the proposal for assimilation;
3. The proposal for assimilation is submitted to the head of the regional office (Kanwil Kemenkum dan HAM) to determine the decision on granting assimilation based on the recommendation of the observer team correctional area office;
4. The decision is submitted to the Head of the Prison to be notified to the Convicts and Criminals with a copy to the Director General;
5. Assimilation is carried out in open prisons;
6. While convicts for crimes of terrorism, narcotics and narcotics precursors, corruption, state security crimes and serious human rights crimes as well as transnational crimes are carried out in the form of social work in social institutions (religion, agriculture, education, health, humanity, cleanliness and oriented to provide services to the community).

And if you have any legal issue for obtaining this program in your conviction services, 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.  "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

2. Ibid.