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156 PETITA, Vol 6, No. 2, 2021
PETITA: Jurnal Kajian Ilmu Hukum dan Syariah
Volume 6, Number 2, 2021
P-ISSN: 2502-8006 E-ISSN: 2549-8274
DOI: https://doi.org/10.22373/petita.v6i2.119
REVITALIZATION ON MANAGEMENT OF CORRECTIONAL INSTITUTION:
CURRENT DEVELOPMENT OF CORRECTIONAL SYSTEM IN INDONESIA
ALMA QARNAIN
E-mail: qarnainalma@gmail.com
NATHALINA NAIBAHO
E-mail: nathalina.mh@ui.ac.id
Abstract:
still cannot be called rehabilitative because of problems such as overstaying of the inmates,
high recidivism rates, overcrowded, riots in prisons and detention house, frequent prison
escapes, narcotics transactions in prisons, to illegal levies. To overcome this, the Ministry
The revitalization prioritizes changes in the behavior of inmates and turns overcrowding
into the opportunity to create superior human resources through four stages: super-
maximum security, maximum security, medium security, and minimum security. To
develop the Correctional System in Indonesia, this research also used comparative
studies with other countries in the penitentiary institution. The research concluded that
there are several obstacles, so structural and systemic changes are needed to help the
success of this revitalization.
Keywords: Criminal Law Policy, Imprisonment, Correctional Revitalization, Overcrowded.
Abstrak: Paradigma pemenjaraan di Indonesia telah berubah menjadi pemasyarakatan,
tetapi dalam praktiknya, ternyata tidak banyak yang berubah. Pemasyarakatan masih
belum dapat disebut rehabilitatif karena masih banyak permasalahan seperti overstaying,
tingkat residivisme yang tinggi, overcrowded, kerusuhan yang seringkali terjadi di Lapas
dan Rutan, sering kaburnya warga binaan, maraknya peredaran narkotika di dalam Lapas
dan Rutan, hingga terjadi pungutan liar. Untuk mengatasinya, Kementerian Hukum dan HAM
mengutamakan perubahan perilaku warga binaan dan mengubah tantangan overcrowded
Lapas dan Rutan menjadi peluang untuk menciptakan SDM yang unggul melalui empat
tahapan pembinaan, yaitu super maximum security, maximum security, medium security,
dan minimum security berdasarkan tingkat risiko yang dimiliki oleh warga binaan.
Penelitian ini bersifat normatif dengan mengutamakan studi kepustakaan, didukung oleh
wawancara dan observasi yang penulis lakukan di berbagai UPT Pemasyarakatan untuk
atas permasalahan pemasyarakatan, diadakan pula perbandingan dengan negara-negara
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PETITA, Vol 6, No. 2, 2021
REVITALIZATION ON MANAGEMENT
OF CORRECTIONAL INSTITUTION: CURRENT DEVELOPMENT OF CORRECTIONAL SYSTEM IN INDONESIA
yang sukses di bidang pemasyarakatan. Berdasarkan hasil penelitian, dapat disimpulkan
bahwa revitalisasi pemasyarakatan belum menimbulkan perubahan yang cukup berarti
karena terdapat beberapa hambatan, sehingga diperlukan perubahan dari segi struktural
dan sistemik untuk membantu menyukseskan revitalisasi ini.
Kata Kunci: Pemidanaan, Pemenjaraan, Revitalisasi Pemasyarakatan, Overcrowded
Introduction
Historically, prior to the correctional concept, criminal punishment in Indonesia focused
on imprisonment to prevent, rehabilitate or guide criminals. Imprisonment was only
known in Indonesia during the Dutch East Indies colonial administration, which imposed
imprisonment for all residents of the Dutch East Indies through the Wetboek van Strafrecht
Voor Nederlandsch Indie
Gevangenis Reglement
Staatsblad
the retaliation (retributive) form. The exitance of post-colonial prisons until Indonesia
correctional concept based on the protection philosophy, was compelled to abolish the
suffering of the convicts in prison. According to Sahardjo, imprisonment is formulated as
a tool to guide convicts to repent and become useful members of society.1
This conception was accepted as a treatment of offenders and eventually became known
promoted by Sahardjo took a long time to be integrated into the Correctional Law.2
Provisions regarding correctional facilities in the Correctional Law classify inmates based
on age, gender, length of sentence imposed, type of crime, and other criteria following
the needs or development of treatment.
on these criteria still causes problems such as riots and overcrowded, which violates the
rights of the inmates.
Based on this fact, the Ministry of Law and Human Rights changed the provisions of
the correctional system through the revitalization program for the implementation of
correctional facilities listed in the Regulation of the Ministry of Law and Human Rights
Minimum Security Prison.
1 S Soemadi Pradja dan Romli Atmasasmita R. Achmad, Sistem Pemasyarakatan Indonesia [Indonesian
Correctional System]
The Oxford
Handbook of Global Legal Pluralism (Oxford University Press 2020).
2 Wiwik Sri Widiarty Petrus Irwan Pandjaitan, Pembaharuan Pemikiran Dr. Sahardjo Mengenai
Pemasyarakatan Narapidana
section (1).
Menteri Hukum dan Hak Asasi Manusia Tentang Revitalisasi Penyelenggaraan Pemasyarakatan
Guarantee of the Application of Capital Punishment on a Peacefull and Harmonious Life: Proof From
Kamal, ‘Human Rights Perspectives on Issues in the Implementation of Islamic Criminal Law In
Jurnal Kajian Ilmu Hukum dan Syariah.
158 PETITA, Vol 6, No. 2, 2021
ALMA QARNAIN & NATHALINA NAIBAHO
In Indonesia, the correctional system prioritizes correctional methods and does not focus
on prison population management. To overcome the overcrowding problem in prisons,
revitalization of the Correctional System. The Minister of Law and Human Rights efforts
to rehabilitate inmates and regulate the prison population were carried out by classifying
the focus of treatment into several levels, starting from Super Maximum Security,
Maximum Security, Medium Security, and Minimum Security. Thus, this study investigates
Changes Brought by Correctional Revitalization
placing inmates in prisons and detention centers according to changes in behavior and
the regulations regarding the service of prisoners in the Detention Center, the guidance of
inmates in prisons, the guidance of clients by the prison authorities, and the management
of state booty (basan) and seized goods (baran) at State Storehouse for Seized Goods
(RUPBASAN) were very different. The reform of correctional regulations in the Minister of
is as follows:
The correctional principle previously was to rehabilitate inmates so that they do not repeat
their crime and do not endanger the community. In the correctional system revitalization,
the resocialization principle focuses on encouraging behavior change and turning
overcrowding from challenges into opportunities to create skilfull human resources on
an industrial scale. Expectations for the resocialization of inmates are increased. In the
correctional system revitalization, the reform includes making the General Prison and
Narcotics a single purpose of focusing on rehabilitating and distributing the number of
inmates evenly.
sentence, and type of crime. Meanwhile, the Minister of Law and Human Rights Regulation
based more on behavior changes and minimize the level of risk of the inmates, regardless
of the criminal period.
(PK) of Correctional Center (Bapas). Prior to the correctional revitalization, the inmate
assessment was carried out using the Indonesian Residivist Risk Assessment (RRI)
and Criminogenic methods only as of the basis for conducting Social Research (Litmas)
and the Correctional Observer Team (TPP) session. In the Minister of Law and Human
This dimensionals method consists of four variables. Variable I is the Risk Dimension
which consists of security risk, safety risk, stability risk, the risk to society, and health
risk. Variable II is the length of imprisonment calculated in months. Variable III is the
remaining imprisonment period calculated in months, and Variable IV is the Crime Variable
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PETITA, Vol 6, No. 2, 2021
REVITALIZATION ON MANAGEMENT
OF CORRECTIONAL INSTITUTION: CURRENT DEVELOPMENT OF CORRECTIONAL SYSTEM IN INDONESIA
which is seen based on the type of crime committed by the inmates. However, there are
problems with the four variables. The initial placement does not fully emphasize changes
in the inmate’s behavior only. There are still crime variables, length of imprisonment, and
remaining imprisonment periods that affect inmates’ placement in a UPT. This condition
also explains why the results of the initial placement screening mapped Super Maximum
and Minimum Security imprisonment.
Based on the Circular of the Director of Community Conseling and Child Alleviation
(Bimbingan Kemasyarakatan dan Pengentasan Anak
Clients, the following are the details of the Social Research (Litmas) assessment:
1. Initial Placement Litmas is to determine the placement of the convict to prison by the
2. Initial treatment Litmas is to recommend an initial coaching program in prisons,
accompanied by the results of the Indonesian Resident Risk Assessment (RRI) and
Litmas for Advanced Development is to recommend further development programs
in prisons, accompanied by the assessment results of Indonesian Resident Risk and
Transfer Litmas provides recommendations for the transfer of prisoners from prisons
accompanied by the assessment results of Indonesian Resident Risk and Criminogenic
After going through the Social Research and the Correctional Observer Team (TPP) trial
the inmate is in the Super Maximum Security, Maximum Security, Medium Security, or
Minimum-Security categories. There are also new regulations related to prisoner services,
inmate rehabilitation, guiding clients, and managing state booty (basan) and seized goods
(baran). In inmate services, the placement of inmates in the detention center is carried
out by considering age, gender, and the level of risk assessment based on the Litmas
results. The Detainee Service Program includes personality services and legal services.
Personality services include religious awareness activities, national and state awareness,
legal awareness, intellectual competence, psychological counseling, and rehabilitation
and the legal services include legal counseling and legal education. Detention services are
to be convicts, Litmas must be carried out to measure the level of risk that will be used for
recommendations to determine the placement of convicts in:
c. Medium Security Prison
levels of providing treatment to inmates. Before the correctional revitalization, the
160 PETITA, Vol 6, No. 2, 2021
ALMA QARNAIN & NATHALINA NAIBAHO
1. Early-stage treatment includes:
a. the observation period, introduction, and environmental research is a maximum
b.
c.
d. assessment of the implementation of the early-stage treatment program.
2. Advanced stage treatment includes:
a.
b.
c.
d. planning and implementation of assimilation programs.
a.
b.
c.
according to the risks faced by the inmates concerned, consisting of the following levels:
1. Super Maximum Security Prison: (Individual Personality Development)
d. psychological counseling.
2. Maximum Security Prison: (Group Personality Development)
f. rehabilitation
Medium Security Prison: (Personality and Independence Development)
head of the prison.
Minimum Security Prison:
Production of goods or services on an industrial scale is carried out through assimilation
and reintegration programs. If there is a change in attitude and behavior, increasing
competence and self-ability, independence, and level of productivity, the inmate is given
wages based on the work contract.
Actually, the Super Maximum Security to Minimum Security levels are levels in providing
treatment to inmates, not towards the security level. Regarding the inmate placement in
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REVITALIZATION ON MANAGEMENT
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a Correctional UPT, the change in this Client treatment lies in the method and type of
assessment carried out. There is a quality improvement of social research (Litmas) used
and the inmate transfer. In addition to Litmas with RRI and Criminogenic instruments,
Dimensional instrument.
In this revitalization, a barcode system is used in data collection and management of booty
and seized goods by RUPBASAN and integrated data between the Detention center and
assimilation, leave to visit family, parole, leave before release, and conditional leave,
Maximum Security Prisons are not given the right to get remission, assimilation, take a
leave to visit family, parole, leave before release, and conditional or special leave.
Challenges in Implementation of Correctional System Revitalization
After the author conducted research in several Correctional UPTs, the data showed that
Sindur Prison and detention center had partially implemented. However, the problems
were found in implementing the Minister regulation at the Gunung Sindur prison with a
dual function, as Maximum Security in three blocks and Super Maximum Security in one
block that implements one man one cell and there must still be individual personality
development. The condition occurs in Maximum Security Prison, where independence
development for inmates is still implemented, even though it should not be done. Then,
the Super Maximum Security function was even applied to the Gunung Sindur detention
including personality development. Moreover, there are also obstacles in terms of facilities
and infrastructure.
At the same time, The Salemba Prison, categorized as a Maximum Security prison, is still
implementing independence development for inmates even though the Minister regulation
Maximum Security Prison.
Meanwhile, the Salemba Prison has not yet implemented the revitalization mandated by
inmates has not been carried out. In contrast to the Salemba Prison, Cipinang Prison has
started revitalizing the system even though the implementation is only in the screening
stage. However, because the inmate is still at the initial placement stage, the inmate is still
being transferred based on the length of the sentence, not behavior changes. Inmates were
transferred not because of a reduced level of risk but because they were overcrowded in
their original prison.
Similarly, Cibinong Prison has also started implementing the Minister of Law and Human
tentang Syarat dan tata Cara Pemberian Remisi, Asimilasi, Cuti Mengunjungi Keluarga, Pembebasan
Bersyarat, Cuti Menjelang Bebas, dan Cuti Bersyarat [Regulation of the Minister of Law and Human
162 PETITA, Vol 6, No. 2, 2021
ALMA QARNAIN & NATHALINA NAIBAHO
one-person one-cell block should only exist in Super Maximum Security, not in Medium
Security like Cibinong Prison. In addition, the Cibinong Prison is still categorized as an
open camp, such as the Minimum Security Prison.
The Ciangir Open Prison has also implemented correctional revitalization. Almost all of
contracts because they are still in the land clearing stage. However, the placement of
development activities for inmates is not determined based on Litmas and TPP sessions
even though it is still a new UPT.
In Correctional Institution for Children (LPKA) Jakarta, the Minister legislation Number
LPKA building is still joint with the Salemba Prison building so that juvenile inmates are
still mixing with adult inmates. At the same time, LPKA Tangerang has not implemented
Criminal Justice System (SPPA) Law, where juveniles in Correctional institutions can
already assimilate education within three months. This condition causes the revitalization
legislation not to affect the resocialization process for children inmates.
In the studied Correctional Centers (Bapas), the researchers found almost the same
conditions for revitalization implementation. All of the four Correctional Centers (Bapas)
visited to conduct interviews with Bapas Correctional Counselor (PK) have implemented
placements, but solely in terms of geographic scope. The East-North Jakarta Correctional
Centers have screened inmates at Cipinang Prison, Cipinang Detention Center, and Pondok
Bambu Detention Center. Then, the South Jakarta Correctional Centers have also screened
inmates at the Cipinang Detention Center. Meanwhile, the West Jakarta Prison has screened
inmates at the Salemba Detention Center, Cipinang Detention Center, Pondok Bambu
Detention Center, Salemba Prison, and Cipinang Prison. The Central Jakarta Prison has
screened inmates at the Salemba Detention Center and Pondok Bambu Detention Center.
In the four Correctional Centers, the screening results for the initial inmate placement were
mostly recommended placement of prisoners in medium-security prisons. Therefore, the
Comparison in Several Countries
The condition of prisons in Indonesia is arguably very worrying compared to several
countries such as Norway, the Netherlands, Singapore, and the United States. The
problems ranged from prioritizing imprisonment as the primary choice of punishment
to the management of prisons which are still repressive, which increase the number of
recidivism.
Indonesia has tried to overcome the problems of its prisons, such as overcrowded,
overstaying, riots in prisons and detention centers, the escape of prisoners, bribes,
sentences in the Criminal Code Bill (RKUHP), provisions for the rehabilitation of narcotics
addicts, The grand design for handling overcrowded, Revitalizing Correctional Services,
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System problems are almost the same as the United States (US), such as overcrowded
prisons and the high recidivism rate. However, the US correctional program only focuses on
7 and the First Step Act (FSA). Generally, these
two legislations are the same as the programs implemented in Indonesia to encourage
inmates to behave well to be released quickly. Although the US has not succeeded in
overcoming the problems of prisons, the program results are already visible. After being
declared effective, the FSA legislation has produced positive results in just eight months.
The law has given judges greater discretion to deviate from certain minimum sentence
to improve, stay connected to their families, and make a triumphant transition return to
society after the completion of their sentence. The concrete result of implementing this
for 1,700 inmates have been reduced following the development of sentences for narcotics
offenders. Indonesia can follow the example of the US related to the speed of regulation
implementation that has been made to deal with the correctional system problems.
In contrast to the US and Indonesia, which have not overcome their correctional
problems, Singapore, Norway, and the Netherlands have succeeded in correctional system
revitalization. The Netherlands has even rented out its prisons to other countries in need.10
The Netherlands also relaxes the Narcotics Law in terms of imprisonment, emphasizes
rehabilitation rather than imprisonment, upholds the human rights of prisoners. In
addition, there are various alternatives to imprisonment, such as conditional punishment,
Community-based sentencing consisting of Mandatory Treatment Orders (MTO),
Short Detention Orders (SDO), Day Reporting Orders (DRO), Community Work Orders
(COMWO), Community Service Orders (CSO), and Prisoners Empowerment Programs
11
Moreover, Norway focuses on the application of the Normality Principle,12 treats prisoners
humanely. The main focus of the three countries that have succeeded in overcoming
their correctional problems is to uphold the rights of the inmates and treat them more
humanely, something which in Indonesia is still not practiced.
Conclusion
Indonesia has tried in various ways to overcome problems and challenges in correctional
institutions and facilities, such as formulating non-prison punishment arrangements
in the draft of the Indonesia new penal code (RKUHP), rehabilitation arrangements for
narcotics users, grand design for handling overcrowded, revitalizing correctional services,
crash programs, and rehabilitation programs. These efforts have not yielded optimal
10
11
12
164 PETITA, Vol 6, No. 2, 2021
ALMA QARNAIN & NATHALINA NAIBAHO
various institutions. Compared with the correctional system practiced in other countries
such as Norway, implemented under the normality principle and treated prisoners
humanely. Similarly, the Netherlands, which prioritizes rehabilitation programs rather
than imprisonment, still upholds the human rights of prisoners then provides various
alternatives to imprisonment such as conditional punishment, community services,
implementing community-based punishment, and the United States with the development
of various alternative punishments and the First Step Act. These efforts have succeeded
in leading the four countries to improve the correctional system in their countries. It
is suggested that the Government of Indonesia could adopted the four countries role
models in overcoming problems and facing the challenges of revitalizing the correctional
institutions.
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Pemasyarakatan Narapidana
165
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REVITALIZATION ON MANAGEMENT
OF CORRECTIONAL INSTITUTION: CURRENT DEVELOPMENT OF CORRECTIONAL SYSTEM IN INDONESIA
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