‘Quo Vadis’ Correctional Facilities

KOMPAS/ABDULLAH FIKRI ASHRI

About 200 inmates of the Class II A Cirebon Narcotics Prison underwent tests for tuberculosis and HIV at the Adang Hamara Auditorium of the Cirebon Narcotics Prison, Cirebon Regency, West Java, Thursday (12/3/2020).

"Poena ad paucos, metus ad omnes perveniat", means that punishment may come to a few, the fear of it should affect all.

This adage serves to be a deterrent to committing evil acts. However, this does not mean that everyone who commits evil should be punished (read: imprisoned). Many other alternatives (for punishment) can be implemented with the aim of containment and prevention.

Also read: Overcoming Terrorism Together

Within two weeks after I was appointed Deputy Minister of Law and Human Rights, the Director General of Correctional Facilities, Insp. Gen. Reynhard Silitonga invited me to do impromptu inspections at two detention centers and a correctional facility (prison): Salemba detention center, Cipinang detention center and Cipinang prison. The conditions of these two detention centers and one correctional facility more or less describe the situation and conditions of all detention centers and prisons in Indonesia.

Condition of detention and prison

The brief portrait is as follows. First, over crowdedness. Ideally, the number of detention centers and prisons in Indonesia can only accommodate 160,000 prisoners and detainees. In fact, the number of prisoners and detainees is currently 247,364 people. This number does not include detainees who are at the police, prosecutors or the Corruption Eradication Commission detention centers.

Ideally, a security officer supervises five prisoners/detainees, but in reality the ratio between the number of officers and prisoners/detainees is 1:15.

Second, security is vulnerable. This is a logical consequence of the over crowdedness. Ideally, a security officer supervises five prisoners/detainees, but in reality the ratio between the number of officers and prisoners/detainees is 1:15. In fact, in Cipinang, as many as 3,560 prisoners/detainees are only supervised by 50 security officers overnight.

KOMPAS/WILIBRORDUS MEGANDIKA WICAKSONO

Karang Anyar Special Prison in Nusakambangan, Cilacap, Central Java, as seen on Thursday (22/8/2019).

In such a context, no rioting at detention centers/prisons is an achievement in itself.

Third, more than half of the prisoners/detainees are narcotics cases. Of the total number of prisoners/detainees in Indonesia, 127,301 are narcotics abusers. In fact, in Cipinang, of the 3,560 prisoners/detainees, were 3,080 were convicted drug abusers, with the average prisoner sentenced to 5-6 years in prison.

It would be unfair if the correctional problem was only left to the Ministry of Law and Human Rights. Building prisons and increasing the number of security personnel is not the best solution.

Wesley Cragg in The Practice of Punishment: Towards a Theory of Restorative Justice stated that there were four things in the punishment of modern society. First, punishment is something understandable and unavoidable in modern society.

Also read: Servant Leadership

Second, the implementation of punishment is a reflection of the evolving criminal justice system and the types of punishment that can be imposed are inseparable from the type and character of the criminal act committed.

Kompas/Samuel Oktora

The official residence of Subang Regent Imas Aryumningsih on Jl Tamansari, Pasir Kareumbi subdistrict, Subang district, Subang regency, West Java, appears deserted on Wednesday (14/2) after her arrest by the Corruption Eradication Commission on Tuesday (13/2/2017) night. Imas, who was deputy regent, had only replaced regent Ojang Sohandi, who was sentenced to eight years in prison in January 2017 for money laundering and graft.

Third, the implementation of punishment must undergo significant reforms with reference to the sentencing in Western Europe and North America. Fourth, the punishment used must provide criteria for evaluations whether the sentencing is in accordance with the objectives of the punishment itself.

Sentencing reform

Does the sentencing needs to be reformed for improvement? Referring to what Cragg said in the context of reforming the correctional system in Indonesia, at least it can be done through a change in legal substance and legal culture. In terms of legal substance, there are several draft laws (RUUs) that must be passed immediately. First, the Criminal Code Bill (KUHP).

A quo draft law has referred to the modern criminal law paradigm which is oriented towards corrective justice, restorative justice and rehabilitation justice. Here, imprisonment is not the main choice, yet there are several other punishment alternatives, such as social work punishment, supervision punishment and fines which are prioritized. Such punishment alternatives have existed for more than 30 years in Western Europe and North America. Sentencing is based on a clear standard of judgment, including forgiveness from the judge so that there is possibility that even if a person is found guilty, there is no punishment.

Second, the draft law on Correctional Facilities. In the a quo bill, prisons are no longer used as final disposal sites, but they have been involved since the pre-adjudication and the adjudication stages in the criminal justice system.

KOMPAS/ALIF ICHWAN

Former House speaker Setya Novanto reacts after a panel of judges sentences him to 15 years in prison at the Corruption Court in Jakarta on Tuesday (24/4/2018). Setya was also ordered to pay Rp 500 million or serve an additional three months’ imprisonment for corruption.

The role of correctional facilities is in line with the concept of punishment in the draft Criminal Code. The bill also revises stipulations regarding remission, assimilation, leave to visit family, parole, conditional leave and pre-release leave into rights with certain conditions.

For narcotics dealers, there is no compromise that they must be given heavy punishments.

Third, the Narcotics Bill, which amends several articles, especially those related to narcotics users. For narcotics dealers, there is no compromise that they must be given heavy punishments. However, the drug users and not the dealers should not be sentenced to punishment, but an act of rehabilitation. This is much more effective and efficient in the context of rehabilitating drug users when compared to imprisonment.

Also read: Police Reform Rejuvenation

From the legal culture point of view, it is important to change people\'s mindsets so as not to make criminal law a lex talionis or a means of retaliation against them. In this context, retributive justice is no longer prioritized in the form of imprisonment in solving criminal cases, but is oriented towards restorative justice which prioritizes recovery of victims in the form of compensation.

TWITTER.COM

Eddy OS Hiariej

In addition, there must also be a shared understanding among law enforcement officials and the public that the success of the criminal justice system does not lie in how many cases emerge but in the prevention of a crime.

Eddy OS Hiariej, Professor of Criminal Law, School of Law UGM; Deputy Minister of Law and Human Rights

(This article was translated by Kurniawan H. Siswoko).