Hak Remisi Dan Asimilasi Narapidana Di Indonesia Dalam Perspektif Hak Asasi Manusia

Abstract

This research aims to determine the regulation of remission and assimilation rights for prisoners in Indonesia, as well as the arrangement is ideal in the perspective of human rights. This is a normative juridical research that uses conceptual and statutory approaches. The results of the study show that the remission arrangement is still scattered in several rules and not in one comprehensive rule. The tightening by providing special conditions for prisoners of certain criminal acts in Article 34A of Government Regulation Number 99 of 2012 actually contains the problem of conflict between legal norms itself and there are also problems related to the loss of equal opportunity and equality before the law which is a human right that must be protected, including for prisoners. Strengthening the role of remission and assimilation is not only a right of prisoners, but also as a tool to provide motivation as well as appreciation for prisoners who have truly improved themselves. Therefore, there is a need for special rules governing remissions that cover all matters concerning remission, both the type of remission, the amount of remission, when it is given, the conditions and simple procedures and the authorized official to give it.