Correctional Facility is a place used to conduct development activities for prisoners and correctional protégé. As a follow-up of the execution of a criminal judge's verdict, a prisoner must serve a prison sentence in a prison in accordance with a judge's verdict decided by a judge. The placement of prisoners in correctional facility aim to ensure that every inmate receive development activities so that after a prisoner completes his sentence and is released from prison, they can be welcomed back into society to become a better citizen. The existence of Correctional Facility plays an important role in improving the behaviour and identity of prisoners. But in the internal part of Correctional Facility it can be found some obstacles that culminate in the purpose of guidance of and self-improvement of prisoners which become unachieved. This is what happened in Class IIa Correctional Facility of Jambi. In the Class IIa Correctional Facility of Jambi, there are still some problems that become obstacles in providing guidance to prisoners. Thus means that the existence of Class IIa Correctional Facility of Jambi which is part of the Technical Implementation Unit of the Directorate General of Corrections which has direct responsibility to the Head of Regional Office of Department of Justice and Human Rights of Jambi to carry out the function of penalization for the prisoners has not been fully implemented.
Keywords: RoleCorrectional FacilityPrisoners
Basically every person who commits a crime will certainly get punishment in accordance with the crime he has done. This is because a criminal act is an act that is prohibited by a law, a prohibition which accompanied by a sanction in the form of a penalty (Moeljatno, 2015). For a convicted person who is undergoing criminal proceedings, he will lose his freedom after he gets a judge's verdict in a court which has permanent legal force. The subsequent legal process that must be passed by the convicted person is the appointment of a convicted person in a Correctional Facility as a prisoner to serve a sentence in accordance with the judge's verdict. Correctional Facility is a place to process or improve a person (people processing organization), which the input and output results are people who labelled criminals. (Marlina, 2011). The imposition of a penal sanction to a convicted person by take him into a Correctional Facility, in essence considering that penal sanctions are a tool of law enforcement for every perpetrator of crime in order to create security and order within the public environment.
Speaking of Correctional Facility or known by the public with the term "LAPAS", the definition can be seen in the Article 1 point 3 of Law of the Republic of Indonesia Number 12 Year 1995 concerning Correctional, which states: "Correctional Facility is a place to conduct the development activities of Prisoners and Correctional Protege". While the definition of prisoners in Article 1 point 7 is "The convicted person who underwent the loss of his independence in the Correctional Facility".
Class IIa Correctional Facility of Jambi is a Technical Implementation Unit which existence is under the Directorate General of Correctional Ministry of Justice and Human Rights. Class IIa Correctional Facility of Jambi consists of prisoners who are prisoners or still in custody, meaning that a person still has to undergo a judicial review process in court to be determined later on whether he or she is guilty or not by the law. As long as the prisoners and detainees are in Class IIa Correctional Facility of Jambi, they will be closely guarded and directly supervised by the Correctional Officers in a correctional system.
According to Article 1 point 2 of Law of the Republic of Indonesia Number 12 Year 1995 concerning Correctional, it is explained that the Correctional System is:
"An order of direction and boundaries as well as the way of developing the prisoners community based on Pancasila which is implemented in an integrated manner between the coach and the community to improve the quality of prisoners to realize mistakes, improve themselves, and not to repeat the crime so that they can be accepted by the public environment, can actively play a role in development and can live fairly as a good and responsible citizen."
In correctional systems, prisoners and correctional protege are have the right to spiritual and physical development and their rights are guaranteed as in worshipped according to their religion/beliefs, receive spiritual/ physical care, receive education/teaching, obtain proper health and food services, convey complaints, read some material and follow other unrestricted mass media broadcasts, receive wages/premiums for performing work, get family visits/legal counsel/other specified persons, get criminal reductions (remissions), get assimilated opportunities including family visits, obtain parole and leave before being free, and obtain other rights in accordance with applicable laws and regulations. All these rights are clearly defined in Article 14 paragraph (1) of Law of the Republic of Indonesia Number 12 Year 1995 concerning Correctional.
The development in giving guidance to prisoners is closely related to the purpose of sentencing. The development of prisoners is now done initially based on the fact that the purpose of sentencing is not in accordance with the growth of values and nature that grows in the society (Harsono, 1995). The purpose of penal prosecution by making the criminals feel deterrent become less effective, it is more precisely to be directed to self-improvement of the criminals by conducting development activities for prisoners as long as they are in Correctional Facility.
Regarding the Development of Prisoners, besides stipulated in Law Number 12 Year 1995 concerning Correctional also regulated in Government Regulation Number 21 Year 1999 concerning Development of Correctional Prisoners or often abbreviated as GR No. 31 Year 1999.
In Article 1 paragraph 1 it is explained that:
“Development program is activities to improve the quality of devotion to Almighty God, intellectual, professional attitude and behaviour, physical and spiritual health of prisoners and correctional proteges.”
Furthermore in Article 2 it is explained that:
The development and guidance program include the activity of mentoring and guiding the personality and independence;
The development program is intended for prisoners and correctional proteges;
The rights possessed by the prisoners should be given through the development of personality that will lead to the development of mentality and character of the prisoners so that they can become better human beings, have faith and piety to the God as well as have responsibility towards themselves, family, environment and society. While the development of independence for the prisoners is directed in the activity of skill and talent development owned by the prisoners, so that after the prisoners finished their sentences they can play an active role in building work in the area where they live in accordance with the talents and skills that they have.
The development purpose for prisoners is the main focus of activities from the Correctional Facility, which can be divided into 3 (three) objectives namely: first, after leaving the Correctional Facility they no longer become criminal, second, to be useful human beings, play an active and creative role in building the nation and state, and third, able to get closer to Almighty God and bring happiness in the world as well as the hereafter (Hamzah, Andi dan Siti Rahayu, 1983).
The development of prisoners in Class IIa Correctional Facility of Jambi is done based on the routine activity program plan for development of prisoners which divided into; Personality development activity and self-reliance development activity. This development of prisoners aims to shape the prisoners to become fully human beings who realize their mistakes, improve themselves and not repeat their criminal acts so as to be accepted back by the public. However, in conducting the development program for prisoners in Class IIa Correctional Facility of Jambi still cannot be done optimally. This is because there are still some constraints that become obstacles in the implementation of development of prisoners in Class IIa Correctional Facility of Jambi. These obstacles come from the Correctional Facility factor as well as from the prisoners themselves. This matter is attracted the author's attention to conduct research at Class IIa Correctional Facility of Jambi.
Prisoners are those who commit criminal acts and undergo a criminal sentenced in a Correctional Facility. Although they have committed criminal acts, they still have the rights that they must get well and must be respected by anyone (Sidabutar, 2001). In implementing a program of development activities for prisoners then it should not excluded the existence of rights and obligations of prisoners as part of human rights. Implementation of development activities for prisoners includes any kind of development programs that are given to all prisoners who are serving their sentenced in Class IIa Correctional Facility of Jambi. These development activities are mandatory and have important role for prisoners, since these activities are a manifestation of the correctional facility function as set forth in Article 1 point 3 (Law of Republic of Indonesia Number 12 Year 1995 concerning Correctional). Every prisoner who has received development programs while in correctional facility are expected to be ready to return and gather with family and society environment and not repeat the criminal acts they have committed before.
Although in correctional facility the prisoners are required to participate in development programs, but the efforts to provide development programs for prisoners have not been entirely successful or in other words not yet done optimally. There are still some problems in Class IIa Correctional Facility of Jambi which become the cause of ineffectiveness of implementation of development programs for prisoners. These causes can come from internal factors of correctional facility and prisoners, as well as external factors outside correctional facility.
Based on the description that has been point out by the author above, then the questions in this research concern several things namely as follows:
How is role that has been done by Correctional Facility in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi?
What are the obstacles found in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi?
How are the efforts to overcome the obstacles which have been found?
Purpose of the Study
As for the purpose of this research are:
Describe and review the role that has been done by Correctional Facility in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi.
Describe and analyze the obstacles found in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi.
Describe and review the efforts made to overcome the obstacles which have been found.
This research uses the empirical juridical research type that consists of research toward legal identification and legal effectiveness (Sunggono, 2009). Primary data is data obtained by documentation and direct interviews with the informants namely the Head of Class IIa Correctional Facility of Jambi, Correctional Facility officers and prisoners. While secondary data is literature data in the form of legislation that related with this research such as Law of Republic of Indonesia Number 12 Year 1995 concerning Correctional Facility and Government Regulation Number 31 Year 1999 concerning Development of Correctional Prisoners and books that related to this research.
The role that has been done by Correctional Facility in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi
In general, Correctional Facility are under the direct supervision of the Directorate General of Correctionals of the Department of Justice and Human Rights of Republic of Indonesia. This department is in charge of protecting the public in the law and human rights sectors. The authority of this department is in the hands of the central government which is handed and become to the authority of the autonomous region (Pemasyarakatan, 2009).
Class IIa Correctional Facility of Jambi has sufficient physical facilities and infrastructures for the implementation of correctional system for prisoners and correctional proteges. The facilities that exist in Class IIa Correctional Facility of Jambi such as office facilities, worshipping facilities ie mosques and churches, health facilities ie health clinic, educational facilities which is the library, sports facilities such as soccer field, tennis and badminton, social facilities such as meeting hall and places for family visits, transportation facilities such as detention service cars, ambulance cars, and consultation facilities for prisoners.
To support the smoothness of the correctional system in implementing the mechanisms and correctional purposes, the Class IIa Correctional Facility of Jambi is supported by correctional officers which organized into the following organizational structures:
From the organizational structure scheme of Class IIa Correctional Facility of Jambi above in the figure
Basically to conduct the development process for prisoners, it must refer to the principles that must be considered in the development activities so that the purpose of development can be successful. These principles among them are:
The lost person must be nurtured by giving him life preparation as a good and useful citizen in society,
Penal imposition is not an act of retaliation from the state,
Repentance is not accomplished by torture, but by giving guidance,
The state has no right to make a prisoner become more worse or cruel than he was before entering a correctional facility,
During the loss of freedom, prisoners should be introduced to the society and should not be alienated from the society,
The work given to prisoners should not be time-consuming and only for the benefit of the institution or the country. The work given should be aimed at the development of the country,
The guidance and education given to prisoners should be based on Pancasila,
The prisoner was only sentenced to loss his freedom,
The institution physical facilities should not be one of the hindrance to the implementation of correctional system (Josias & Thomas Sunaryo, 2010)
Every prisoner in a correctional facility will get development program directly by correctional officers. In Article 7 paragraph (1) of Law Number 12 Year 1995 concerning Correctional mentioned that The Correctional Officer is a functional officer of law enforcement who perform the tasks in development, security, and guidance sector of correctional prisoners.
According to Djarot Sugiharto said that:
"The development for prisoners at Class IIa Correctional Facility of Jambi has been conducted continuously based on the Minister of Justice Decree No.M-02-PK.04.10 Year 1990 concerning The Development Pattern of Prisoners/Detainee, which includes personality development activities and self-reliance development activities for prisoners. To conduct this development activities, the correctional facility also works with the Ministry of Justice and Human Rights, Ministry of Religious Affairs, Non-Governmental Organizations, and Religious Figures. It is hoped that by giving this guidance, the prisoners get skills and self-improvements so that later after they finished their sentence in correctional facility, they can be accepted by society nicely" (Djarot Sugiharto, 2017).
Furthermore, Meita Eriza (2017) said that for the program of personality development activities for prisoners which have been implemented are consist of:
Legal Awareness Activities, these activities is conducted by providing counseling that aims to raise the legal awareness of prisonersso that they will not commit unlawful acts after leaving the correctional facility. This form of activity is like:
Counseling about the laws and regulations; This activity is usually done by the section of prisoners guidance in cooperation with the Ministry of Law and Human Rights.
Health counseling, such as legal consequences and the dangers of drug abuse, alcoholism, and HIV/ AIDS. This activity was conducted by the Health Clinic Doctors of Class IIa Correctional Facility of Jambi who assisted by Nurse and Psychologist.
The development of religious awareness/spiritual guidance, such as;
Providing spiritual guidance and religious lectures for prisoners who are Muslims, Christians and Buddhists which conducted by the Religious Figures in collaboration with the Department of Religious Affairs of Jambi Province.
Al-Quran recitation and Islamic religious lectures conducted by prisoners who have ustad/religious scholar background.
A five-time prayers for prisoners who are Muslim, and other worship activities for Christian and Buddhist prisoners.
Sports and physical coaching, such as:
Morning gymnastics, conducted by prisoners at 07.30 WIB every Tuesday, Wednesday, Thursday and Saturday. This activity is carried out alternately and continuously, ie the prisoners in Block1 (prison room) only get the opportunity for morning gymnastic1 (one) time, and replaced by other prisoners from another block for morning gymnastics in the next day.
Sports games, such as soccer, chess, volley performed by prisoners in turn.
The development of national and state consciousness, such as;
A Mandatory flag ceremony on Monday, whose participants are 4 prisoners in each Block. Class IIa Correctional Facility of Jambi consist of 10 (ten) blocks (prison wards), meaning that for prisoners who attend ceremonies are ranging from 40 (forty) prisoners who get the opportunity for flag ceremony in turn in every Monday.
The development by introducing Pancasila values, which aims to foster awareness and love toward the nation and state of Indonesia (Meita Eriza, 2017).
In addition to the above personality development program activities, the next form of development activities program for prisoners are the development of self-reliance.
According to Ruslan, said that:
"The development activities program of self-reliance for prisoners in Class IIa Correctional Facility of Jambi Institution is more focused on physical activities by inviting prisoners to join and develop their talents and skills so that these talents and skills can grow and not disappear during the time prisoners carrying out their sentences in correctional facility. The purpose of this self-reliance development is for the prisoners to be self-sufficient and create their own employment once they are free from the correctional facility so that they do not become unemployed which will leads them to want to be perpetrators of crimes" (Ruslan, 2017).
Some form of development programs for prisoners in Class IIa Correctional Facility of Jambi according to Sa'adawit such as:
Self-reliance development on raising pets, such as;
Birds breeding called kicau hut,
Rabbits breeding, called rabbit hut,
Self-reliance development in agriculture farming, such as: growing vegetables, water spinach, cucumbers and mustard greens in correctional facility.
Self-reliance development in services laundry and sewing.
Self-reliance development in carpentry and furniture. From this activity, prisoners produce household items such as chairs, cabinets, and tables.
Self-reliance development in electrical welding to make bars, iron fence, chairs and so on.
Self-reliance development to open car, motorcycle, and carpet wash service.
Self-reliance development in canteen business, in this case the prisoners who have expertise and cooking hobby can join this activity. Later food that has been made, will be sold in the canteen and the money will be handed over to prisoners who participated in this activity (Sa'adawit, 2017).
Generally, the development activities program for prisoners have been implemented by correctional facility with direct supervision by correctional officers, either through counselling methods, lectures, consultations/sharing, skills training and talent development. All of these activities are primarily aimed at fostering and improving the quality of the prisoners self when they are free from the correctional facility. Furthermore, every prisoner who has attended program activities carried out by a correctional facility will be given his rights to have a good record during the duration of his sentence, and obtain it formally as one of condition for prisoners if they wish to submit a parole, free leave, family leave and conditional leave which they can apply after undergoing 2/3 (two thirds) of the sentence or before their sentence is up.
The obstacles found in conducting development programs for prisoners in Class IIa Correctional Facility of Jambi
The development implementation for prisoners at Class IIa Correctional Facility of Jambi has been carried out in accordance with the provisions set forth in Law Number 12 Year 1995 concerning Correctional as guidance for the development implementation and Government Regulation of the Republic of Indonesia Number 31 Year 1999 concerning the Development of Correctional Prisoners. However, in some cases they it still found some hindrances that become obstacles in the development implementation in correctional facility.
The general problem that occurred in Class IIa Correctional Facility of Jambi and become a global problem in all correctional facilities in Indonesia is related to the capacity of correctional facilities that can not keep up with the number of prisoners who inhabit the rooms inside correctional facilities. The number of prisoners who inhabit Class IIa Correctional Facility of Jambi are always increasing every year while the correctional facility capacity is only 226 people. This resulted in the number of prisoners become over capacity. For more details, the author describe it in the table
From the above data, it can be seen that the number of prisoners in 2015 are 847 people plus the number of detainees as many as 544 people. In 2016, the total number of prisoners are 1110 people, plus the number of detainees as many as 596 people. Until May 2017 the number of prisoners are 1007 people plus the number of detainees as many as 259 people. The total number of prisoners who inhabit Class IIa Correctional Facility of Jambi in 3 (three) years is 2,964 people with 60% of the prisoners coming from prisoners of narcotics cases. Meanwhile, the total number of detainees in custody in the last 3 (three) years is 1396 people. From this data, it can be seen that the number of correctional facility residents has exceeded the reasonable limits with capacity as few as 226 people.
According to Mulyanto said that the obstacles for correctional facility to carry out the role of guidance for prisoners namely:
the number of correctional officers who are not balanced with the number of prisoners of correctional facility. For officers that conducting self-reliance development activities for prisoners, there are only 3 (three) staffs, 1 Section Head and 2 Sub-section Heads. This resulted in the role of self-reliance development staffs for prisoners can not be implemented optimally due to the shortage of personnel, so that the self-reliance development can not be implemented maximally.
lack of seriousness, interest or self-awareness of the prisoners to follow development programs seriously. Especially prisoners of narcotics cases who have more skill, but because of the effects of drugs resulted in the indifferent character which make them do not want to work or implement their talents. So that prisoners who follow the development programs most of them came from prisoners who just inhabit the correctional facility, while the old time prisoners reside in the detention block (Mulyanto, 2017).
Other obstacles that become hindrances for the development implementation of prisoners in correctional facility namely:
Limited facilities and infrastructures that support the development implementation of prisoners, and since the incident of riot and the prisons burning by prisoners on March 02, 2017 resulted in canteen space, cooperatives and the hall become damaged and burned.
Limited number of development program specialists who have a certificate of prisoners teaching skills (Junaidi, 2017).
The location of the correctional facility, partly in the lowlands, resulted in the Class IIa Correctional Facility of Jambi was flooded on June 13, 2017. As a result, the 16 meters of the correctional facility walls collapsed and some of the infrastructures was flooded, as well as many prisoners fled from the facility. This certainly also impedes the development implementation for prisoners because of the damaged infrastructures (Syarpani, 2017).
From the descriptions, it is seen that in conducting the role of guidance for the prisoners in Class IIa Correctional Facility of Jambi they still found obstacles that hinder the development process for the prisoners, so that the development activities program for the prisoners can not be implemented maximally.
The efforts made to overcome the obstacles which have been found
Implementation of development activities program for prisoners in Jambi Class IIa Correctional Facility of Jambi basically has been implemented continuously, but in the implementation there are still many hindrances that become obstacles for correctional facility to conduct development program for prisoners. Therefore, an effort is needed to maximize the function of correctional facility in shaping the prisoner into a whole and responsible persons so that they can be accepted by society.
Based on the author's interview with Mrs. Meita Eriza, she said that some efforts that have been done by correctional facility to overcome the obstacles which have been found among them are:
Improving the quality of human resources of correctional officers, by including them in trainings,
Conduct a persuasive approach to prisoners, so that they are willing to participate in a counseling program provided by the correctional facility in earnest,
Cooperate with relevant agencies to conduct counselling and training activities for prisoners such as NGOs, Ministry of Justice and Human Rights, Ministry of Religious Affairs, JambiTraining Center.
Conduct the repairing and renewal of damaged correctional facilities and infrastructures that have been damaged,
Minimize the number of prisoners in correctional facility, by providing remissions, parole, free leave, conditional leave for prisoners who have followed 75% attendance in the development activities.
Applying for financial assistance to the Ministry of Justice and Human Rights to increase facilities and infrastructure in correctional facility (Meita Eriza, 2017).
Based on the above description, it can be said that the correctional facility has tried to do various forms of action to overcome the obstacles that have been found for the achievement of the development purpose for prisoners to become good citizens when they have passed their sentence in correctional facility.
Based on the description in this research discussion then the conclusion are as follows : The role that has been done by correctional facilityinconducting the development for prisoners basically has been fully implemented. The form of development activities given to prisoners are in the form of personality development and self-reliancedevelopment. Obstacles that become hindrances in conducting the development for prisoners include: the number of overcapacity prisoners, the few number of correctional facilityofficers, lack of facilities, minimal operational costs, the interest and seriousness of the prisoners in following the guidance, and the fire and flood incidents that struck the correctional facility thus hindering the implementation of development activities for prisoners. To overcome the obstacles that they faced, the efforts made by correctional facility include persuasive approach to prisoners, establish cooperation with outsiders, repair damaged facilities and infrastructures, and apply for financial assistance to increase infrastructures facilities that are lacking.
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31 December 2018
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Hartono*, M. (2018). Development Activities For Prisoners By Class Iia Correctional Facility In Jambi. In A. Abdul Rahim, A. A. Rahman, H. Abdul Wahab, N. Yaacob, A. Munirah Mohamad, & A. Husna Mohd. Arshad (Eds.), Public Law Remedies In Government Procurement: Perspective From Malaysia, vol 52. European Proceedings of Social and Behavioural Sciences (pp. 169-180). Future Academy. https://doi.org/10.15405/epsbs.2018.12.03.15