No : 01/NAPI-JB-RR/IV/07.
Att : The Declaration of Indonesian Prisoner Association.
Re : Inmate Rights, and Lessen Corrections Population.
- Indonesian Minister of Law and Human Rights
- Third Comission, Indonesia House of Representatives
As reported by the media recently, increases in inmates incarceration in Indonesian Correctional Institution (LP) and Detention Center (Rutan) have been far exceed their capacities. A condition of incarceration affects inmates in different ways, such as poor services, which has made prisons become disease gristle. As those written that, “prison is identical to the fetching lethal”
The Salemba Detention Center and Cipinang Correctional Institution are among the worst. The Salemba’s capacity, which less than 1.000 people, has been occupied by more than 3.200 inmates. There are no other way, that inmates perforce to sleep in their housing block’s veranda. This dramatic increases also occurs in Cipinang Corrections, which its capacities around 1.500 people, now have been occupied by more than 4.000 inmates.
As ratified in the Human Rights Law, thus, realizing that the settlement of the Indonesian Human Rights placed in the same department as the Corrections management, such settlement should be executed properly, so the Correction’s condition mentioned above could also be taken care in a better solution, as pursuant to the Human Rights.
Reforming the condition of Indonesian Corrections should not be separated from the inmate’s rights circumscription, conducted by the Correctional authorities. Hence, the first reformation should be started by appreciating the inmate’s rights according to the Law. Reforming such rights, would benefit the housing quality.
The proof evidence of inmate rights circumscription is the arrangement of Work Release Program (Assimilation), Pre-Release Treatment / Eligibility to Leave Early (CMB) and Parole (PB), which unconstitutional to the Corrections Law of 12/1995. The Current policy paradigm of Work Release Program, Eligibility to Leave Early and Parole is “to keep the inmates in prison as long as it takes”
Prior to the year of 1999, the calculation formula in a Parole system was very simple; 2/3 (two-thirds) of the original sentence, minus the sentence reduction (remission). The same condition was also applied by the Corrections law of 12/1995. According to the clarification of the section 14 Corrections Law of 12/1995, discretion to grant a parole: “To be eligible for the parole, inmates have to serve 2/3 (two-third) of their incarceration.
However, Ministry of Justice Decree no. M.01.Pk.04-10 Year 1999 (February 2nd, 1999), has added new administrative requirements for a parole: “To be eligible for the parole, inmates have to serve 2/3 of their original sentence, after subtracted from the number of days when first arrest are made, plus, sentence reduction (remission) are calculated commencing from the date of sentence decision obtained by the Court, with condition that, the two-third of the sentence is not less than nine month”.
The implication of the changes had altered the calculation manner, in which, the 1/3 of incarceration period was ignored. There are no differences between a period of arrestment and a period of incarceration, in fact there shall be no determination. Furthermore, the sentence reduction (remission) are subtracted again, by 1/3 of the original sentence reduction.
To a detainee or inmate, there shall be no difference between arrested by Police or Public attorney, as well as serving sentence in the Correctional facility. Those two aspects contain the implication that pertinent rights are limited for such move. In consequence, there shall be no arrestment’s differentiate between; before or after decision obtained by the judge (obtaining legal decision), and shall also be reckoned as the incarceration. And, hence a Parole ought to be calculated when the pertinent under arrest, not the Court Legal Decisions day. The mentioned calculation should also be applied on CMB.
Clearly, the Ministry of Justice Decree no: M.01.Pk.04-10 year 1999, is contradicted to the Correction Law of 12/1995, and causing at least four disadvantages:
Causing State Lost, which correlates with per-capita costs of corrections in providing meals for inmates
Causing overcrowded, and operating under / has exceeded its capacity
Changes has been considered nuisance by inmates
Violates the Human Rights
To overcome the problem, it is urgent to revise the Ministry of Justice Decree no. M.01.Pk.04-10/1999, so it would match constitutionally to the Correctional Law of 12/1995. The method of parole calculation shall be applied from the date of first arrest, the following formula would apply:
Parole = (2/3 x original sentence) – sentence reduction.
Accordance to the section 4 article (2) letter b of the Presidential Decree no. 174/1999, about sentence reduction: The sentence reduction for the second year of incarceration is three months. This range was calculated based upon Section 7 article (1) in the same Decree, which said, the determination is calculated commencing the date of first arrest to the date of the Indonesian Independence Day, August 17 of pertinent year.
Current practice: inmates are assumed to serve the second year, if they were granted an August 17th sentence reduction in the previous year. The difference of interpretation occurs in this situation. As accordance to the Presidential Decree, that calculation shall be applied commencing the date of first arrest.
The problems; the difference which clearly written in the Presidential Decree no. 174/1999, and such practice in the field, have to be immediately overcome.
Clearly, that Directorate General of Corrections authorities has a resistance to the policy in reducing the prison populations. Unconsciously, their efforts seem to keep the inmates as long as it takes. This also possible, that the statutes required for Parole is one-third of the original sentence (or one-ninth of incarceration). But, with the current policy, a period of Parole is not 1/3 (or 3/9), instead only 2/9 of the original sentence.
The regulation of this policy is constituted by the Circular Letter of Director General, while the basic consideration of Parole is determined by Section 15 and Section 14 article (1) letter k of the Correctional Law no 12/1995 and also Government Regulation (GR) no 32/1999. Although the Circular Letters have been changed to GR no. 28/ 2006, the questioned remained how the Director General’s Circular Letter which later confirmed to be GR opposed against Code of Law?
In commemorating the Correctional Day on April 27th 2007, the reformation of Indonesian Detention Facility and Correctional Institution need to be started by fulfilling inmate’s rights accordance to the Law. If the mentioned have been fulfilled, then the physical reformation would bring such benefits.
We thank you for your kind attention
Prof Dr Rahardi Ramelan MSc.ME
(NAPI Secretary of Press/Speaker)
Coordinating Minister of Political, Legal and Security Affairs.
Director General of Corrections, Department of Law and Human Rights.
Official members of NAPI.
Address : Jl. Bungur Raya No.9 Harjamukti Cimanggis Depok 16954 Tel. (62-21) 873 4709 Fax : (62-21) 873 0105