IMPLEMENTASI PEMBERIAN ASIMILASI BAGI NARAPIDANA DI RUTAN I SURAKARTA (ANALISIS YURIDIS PERATURAN MENTERI HUKUM DAN HAM NOMOR 10 TAHUN 2020)

MELINIA FITRIANI, NIM.: 17103040014 (2021) IMPLEMENTASI PEMBERIAN ASIMILASI BAGI NARAPIDANA DI RUTAN I SURAKARTA (ANALISIS YURIDIS PERATURAN MENTERI HUKUM DAN HAM NOMOR 10 TAHUN 2020). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Ministry of Law and Human Rights issued Regulation of Permenkumham Number 10 of 2020 concerning the terms of Providing Assimilation and Integration Rights for Prisoners and Children in order to prevent and overcome the spread of Covid-19. The assimilation program is a process of coaching prisoners and children carried out by integrating prisoners and children in society. Some of the things that were taken into consideration for the issuance of this policy are because the Correctional Institutions, the Special Guidance Institution for Children, and the State Detention Center are closed institutions that have a high occupancy rate so they are very vulnerable to the spread and transmission of Covid-19. Detention centers are risky places. The Rutan Surakarta, which is one of the institutions that also implements the policy of assimilation, is noted to have released 392 prisoners since the issuance of Permenkumham No.10 of 2020 in March 2020 to December 2020. Based on this, several research questions arise regarding: First, how is the implementation of granting rights assimilation for inmates after the issuance of Permenkumham No.10 of 2020 at the Surakarta Jail? Second, how is the response of Rutan Surakarta to the lawsuit filed by non-governmental organizations (NGOs) regarding the alleged assimilation of inmates who do not meet the requirements? To answer the problem formulation, the writer uses Permenkumham No. 10 of 2020, as well as several theories, namely the theory of punishment, the theory of correctionalism, and the theory of legal effectiveness as a knife of analysis. This type of research used in this research is juridical empirical with the nature of the research, namely descriptive research. While the research approach that the researcher uses is a sociological juridical approach and a statutory approach with interview data collection techniques and documentation. Based on the results of the study, assimilation for inmates at Rutan I Surakarta is a policy taken with careful consideration. Almost all prisons and detention centers in Indonesia are overcapacity. The Rutan I Surakarta had an excess capacity of 119% prior to the implementation of the assimilation. With the implementation of assimilation at home for prisoners, it has an impact on reducing excess capacity to 84% in the Rutan Surakarta. Even though there was no significant decrease because the Rutan Surakarta is a Correctional Unit that carries out two functions as a detention center and a prison, granting assimilation rights for inmates through the Permenkumham is one way to save prisoners from the spread of the Covid-19 virus. The implementation of this assimilation is inseparable from the obstacles that must be faced by Surakata officials, namely First, Permenkumham No.10 of 2020 does not facilitate blank letters of guarantee from family, RT, and RW, Second, the absence of community research as a condition for providing assimilation, Third, The absence of a family as guarantor.

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