Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
PROTECTION OF SELF-DEVELOPMENT RIGHT FOR CONVICTED CRIMINALS IN THE ENVIRONMENT OF CLASS IIA CORRECTIONAL INSTITUTIONS OF BENGKULU
By : Henny Wins, Antory Royan Adyan, Hamzah Hatrik
ABSTRACT
The correctional institutions developing nowadays adopts a penal system that is more educating and fostering. Formerly, correctional institutions adhered to a prison system that was more of a punishment for crimes committed by the criminals. In general, fostering the prisoners aims to make prisoners to be fully human through the strengthening of faith (mental endurance) as well as to foster the prisoners to be able to integrate naturally in prison and in a wider life (community) after serving their convictions. This study on the protection of self- development right for convicted criminals in the environment of class IIA correctional institutions of Bengkulu was an empirical legal research that aimed to find out and to analyze the implementation of protection of self-development right for prisoners as well as to find out and to analyze the obstacles faced in implementing the protection of self-development right for prisoners in the environment of class IIA correctional institutions of Bengkulu. Data sources of this research were primary and secondary data. Data collection methods applied in this study were interviews and documentation. The data processing method used was descriptive qualitative. From the results of the study, it was revealed that: 1) the implementation of the fulfillment of juvenile prisoners’ right to obtain education at the class IIA correctional institutions of Bengkulu had not been fully fulfilled. To fulfill the educational process, there are Program Kejar (Kelompok Belajar/Study Group) of Package A (equivalent to elementary school), Package B (equivalent to junior high school), and Package C (equivalent to high school) as a series of processes for fulfilling the right for education for juvenile prisoners. But the program had not run optimally according to standards set by the government. Most of the juvenile prisoners make self-taught learning; 2) in the implementation of the education process in prisons, there were several factors that become obstacles in its implementation. These factors included the lack of partners to carry out the process of fulfilling the right for education, the facilities available in correctional institutions were inadequate, the limited teaching staffs provided by the local Education Department, lack of supervision on juvenile prisoners if they were pursuing education outside correctional institutions, as well as minimal budget allocations for educational purpose in correctional institutions.
Keywords: Protection, Self-Development Right, Prisoners, Correctional Institutions Environment
35
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
A. INTRODUCTION those who had gone astray were also 1. Research Background protected by providing life supplies Correctional Institution as one in the form of skills to them as of the law enforcement institutions is useful citizens in the community. the estuary of criminal justice that Satjipto Sahardjos as a reformer in gives the sentence of confinement to the world of prison put forward the the convicted criminals. Penalty idea of correcting prisoners which against a person is a process of includes (1) each person is a social giving punishment to an individual creature, (2) no one lives outside the who is legally proven and community and (3) prisoners are convincing to have committed an act only sentenced to lose freedom of that is in the contrary to the laws and movement. So, it needs to be regulations.1 People (individuals) endeavored to be able to have a who are sentenced to criminal terms livelihood.2 are referred to as convicts. Acts that One of the correctional violate the provisions of laws and institutions in Bengkulu City is regulations are usually referred to as Correctional Institution Class IIA a crime. Crime is often defined as an which is also known by the people act that violates the legal norms and by the name "Malabero Rutan" is social rules that apply in the midst of located in Sumur Meleleh Village, the society and the state life which is Teluk Segara District. As the implied on the criminal sanctions provincial capital, the type of given by the state. correctional institutions available in The prisoner guidance system Bengkulu City are Class I, not Class with the penitentiary system was IIA, because Class IIA prison should first coined by Satjipto Sahardjo, be in the regency and municipal who wanted that not only the capitals as stipulated in the Decree of community was protected so that the Minister of Justice of the they would not re-commit any of the Republic of Indonesia No. M. 01. crimes they had committed, but also PR. 07. 03 of 1985 concerning Organization and Work Procedures 1 Yunus, Pembinaan Narapidana dalam Rangka Pencapaian Tujuan Sistem Pemasyarakatan (Studi di Lapas Pemuda Plantungan). Legal Studies 2 Petrus Irwan Panjaitan & Samuel Magister Program, Faculty of Law, University of Kikilaitety, Lembaga Pemasyarakatan dalam Diponegoro, Semarang, 2012 (Unpblished Thesis), Perspective Sistem Peradilan Pidana, Pustaka Sinar p.5. Harapan, Jakarta, 1995, p.13.
35
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
of Correctional Institutions, Article 4 "Protection of Self-Development paragraph 1. Class IIA Prison also Right for Convicted Criminals in the places male prisoners, female Environment of Correctional prisoners and correctional students in Institutions Class IIA of Bengkulu”. one coaching building, because prison for women and children is not 2. Identification of Problems yet available in Bengkulu City. Based on the background Through this research, it will described above, the problems be examined how the identified in this study were as implementation of the protection of follows: self-development right for prisoners 1. How was the implementation of as a manifestation of the rights that the protection of self- must be given to them as stated in development right for prisoners Article 14 paragraph (1) of Law no. in the Class IIA Correctional 12/1995 concerning Corrections as Institutions in Bengkulu? well as the realization of the 2. What were the obstacles faced in correctional principles carried out in implementing the protection of the Prison as stated in Article 5 of self-development right for the Law. Self-development rights for prisoners in the Class IIA prisoners is also a form of Correctional Institutions in manifestation of Article 12 of Law Bengkulu? No. 39/1999 concerning Human a. RESEARCH METHODS Rights. By knowing the Based on the type of research, implementation of these rights, this study was a descriptive study. In a various constraints faced in the qualitative descriptive study, data exercise of the self-development obtained through interviews are right for prisoners will also be processed with 3 (three) activity plots identified, whether they originate that occur simultaneously, systemic and from prison or from prisoners interactional, namely: themselves. 1. Data reduction, which is the process Based on the above of selecting, focusing, and background, the author was transforming rough data from the interested in studying the case and field. Data reduction functions to pouring it into a thesis entitled classify, direct, and eliminate data
36
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
and information that are considered 1. Children education and character unnecessary, so that the data building; collected can produce a good 2. General education; interpretation. 3. Scouting education; 2. Data presentation, which is a 4. Practice skills. collection of organized information Based on an interview with that gives the possibility to draw Aditya Wahyu Rahmadani as the conclusions and take action. In this Head of the Registration of the case the researcher groups the data Class II Special Guidance systematically to make it easier to Institution for Children of understand the relationship between Bengkulu, the education and its parts in a complete context. coaching process was carried out 3. Drawing conclusions, namely divided into several stages, namely: conclusions from the data that has 1. Initial Guidance been presented in the second stage. In this initial guidance, the The process of analyzing data in this implementation of activities study began by examining all data includes: obtained, then were analyzed and a. Community research is used to drawn conclusions by using determine the guidance descriptive methods.3 program. The data obtained B. RESULTS AND DISCUSSION were analyzed and concluded by 1. The Implementation of The the Community Advisor, then Protection of Self-Development given advice / considerations. Right For Prisoners in The Class b. After the litmas is made, a IIA Correctional Institutions In guidance program plan is Bengkulu prepared. The implementation The development of the of the guidance program is State Children is focused on adjusted to the plan drawn up. education (Article 22 PP No. 31 of c. Evaluation of the 1999). Forms of Fostering State implementation of the initial Children include: guidance and preparation of the next stage of the guidance plan 2. Advanced Guidance
3 Ibid, p.93.
37
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
In the advanced guidance, The education for child prisoners in the attention must be paid to: Class IIA Prison of Bengkulu City a. The implementation of the includes formal, non-formal and advanced guidance program is informal education given directly by the tailored to the needs and Community Guidance. The education problems of the client, provided are: confinement to report, home 1. Formal Education visits and increased guidance to The formal education is a clients. structured and tiered education b. Assessment of the advanced pathway consisting of basic, program and the preparation of secondary and higher education. In final guidance. Class IIA Prison of Bengkulu City 3. Final Guidance there are children who were still The final stage of guidance active as school students, when includes: interviewed by Ani Mardijah as a. Research and assess the overall prison officers5 said that "for a results of the implementation of criminal child who is still active as the guidance program a school student, when the child is b. Prepare clients for the end of the named a suspect from the guidance period correctional institution immediately c. Consider the possibility of gives a letter to the school to additional guidance services coordinate how the fulfillment of d. Preparing a statement of the his educational rights. client's criminal end period in carrying out these stages if there 2. Non-Formal Education is a client case that needs The implementation of solving, then a special hearing compulsory education in the non- will be held. The results of the formal education pathway is carried special session can be taken into out through package A,B,C consideration for further policy.4 programs and other equivalent forms. In Government Regulation
4 Interview with Aditya Wahyu Rahmadan, 5 Interview with Ani Mardijah, Head of Class staff of the registration section of Class IIA Prison IIA Prison Services in Bengkulu City, December 6th, in Bengkulu, December 2nd, 2019 2019
38
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
Number 32 of 1999 concerning IIA prison of Bengkulud City Corrections Requirements and was held once a week on Procedures for Correctional Thursday by coordinating with Guidance Members, it is stated that the Ministry of Religion in in each correctional facility, Bengkulu City as well as non- education and teaching activities for Muslim filmmakers who are prison inmates and education and Christian and Catholic in teaching in prisons are carried out collaboration with the church. according to the applicable The religious education must be curriculum in educational attended by all prisoners ". institutions. b. Vocational Education Although a convicted person The fostering skills is the loses his independence, there are ability needed to improve one's rights of child prisoners who were functional abilities and attitudes still protected in the Indonesian to be able to solve various penitentiary system, namely the complex life problems in the right to education and teaching. To fabric of people's lives. The skills find out whether the child's right to education program for inmates is education has been fulfilled in expected to provide a prisoner prison, an interview was conducted with the knowledge, skills and with staff for Class IIA Prison of practical functional abilities as Bengkulu City. well as a change in attitude to 3. Informal Education work and try to be independent, a. Religious Education open up jobs and businesses also The education is a very take advantage of the common word. Therefore, it can opportunities they have, thereby be said that everyone was increasing the quality of their familiar with the term welfare. education. There are several obstacles in Suhartadi6explained that " running this program. One of them is a the religious education at Class criminal child unable to provide the last
6 Interview with Suhartadi, Community diploma. The diploma is needed as a Assistant from Class IIA Prison on 28th of November 2018
39
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
file that must be completed to take the today. For this purpose, the prisoners national exam. provide a special Block for children to be separated from adult prisoners. 2. Obstacles In Carrying Out The However, this still violates established Process Of Fulfilling The Right To procedures. Get Education At The Class IIA There are several reasons why child Prison of Bengkulu prisoners were placed in Class IIA The Class 1 prison (Lapas) of Prison of Bengkulu City. Wilham, S. H7 Bengkulu City is a place intended to explained that the main reason that accommodate adult inmates. The caused children to be placed in prison is system of coaching is set up based on about psychological problems of the needs of adult inmates to fulfill their children. Where the child needs his rights and carry out their obligations as parents as a companion to maintain the an adult inmate. But in reality, in the child's emotional stability. The children Class IIA Prison of Bengkulu City also always need a visit from parents and the accommodates child inmates and closest people to accompany him in detainees. According to the applicable difficult times like this. If he (the child) laws and regulations, child convicts is placed in prison of Bengkulu, it is must be placed in a correctional facility likely that the child's parents will be for children. For the Bengkulu area, the slightly constrained to carry out routine Child Prison is located in the city of assistance to his child. This is due to the Bengkulu, namely the Class IIA prison distance traveled. Because most of the for Children in Bengkulu. This prison is child convicts contained in Class IIA intended for child convicts in Bengkulu. prison of Bengkulu City are from The separation of places like this is Bengkulu City. very important to prevent child inmates from the influence of the association of Basically, the number of child adult prisoners which can have a convicts contained in Class IIA Prison negative impact on the personality of Bengkulu City is only 17 peoples, but development of child prisoners. because there are also prisoners held in The Class IIA Prison of Bengkulu custody in this prison, the number of City itself, there are a number of child children in reaching hundreds. With convicts serving their sentences in 7 Interview with Andi Muhamad Hamka, S.Hi., prison which were provided for inmates M.Hi., as a staff section of social guidance from the Class IIA Prison of Bengkulu City, June 1st, 2014
40
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
such numbers, more educators are education can be done outside needed to be able to provide equitable Prison by first fulfilling the education for all children in prison. requirements set by Prison. For According to the applicable example, to get outside education, regulations, the Head of Prison can there are extra benefits that must be cooperate with government agencies paid by parents. The fee is used to whose scope of work includes the field facilitate children in doing the of Education and Culture, and / or process. community agencies engaged in 2. Lack of Guards for prisoners. Escort education and teaching. But based on the for prisoners must be done if the reality now it has not been done well. juveniles carry out the education Many educators such as teachers are process outside of prison. This reluctant to attend prison in the context escort is aimed at supervising of providing education to child prisoners juveniles in conducting education for certain reasons. This situation can outside the prison, so that they do hamper children's education in an effort not commit wrong actions or to shape the character of the foundation actions outside of the stipulated of thinking, as well as academic abilities regulations, such as fleeing, for child prisoners. This of course committing a crime, and so forth. should get more attention from the 3. Lack of work partners in an effort to prison and the Office of Education and fulfill the rights of child prisoners to Culture, given the very importance of get education in the Penitentiary. education for children. Lack of participation from related institutions such as the Ministry of 1. Lack of budget supply for Education and Culture in this case education. The budget for education the supply of educators. Work is one of the supporting factors in partners are urgently needed to the education process of juveniles in facilitate the needs of Juveniles. prison. This is also something Prison always welcomes the urgent. There is a close relationship willingness of teachers. Not only between the budget and costs with teachers, but also active the fulfillment of other needs for the participation from various child smooth running of the education activist elements and other process. Inside Prison, personal institutions related to juveniles are
41
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
needed to make the program and the From the results of the study implementation of education in showed that most children prisoners are prison success. If many agencies or lack education. That is because there are working partners can be directly some juveniles who are unable to read or involved in fulfilling this right, write. Most juveniles only learn by self- Prison will be greatly assisted in taught and practice guidance material by carrying out the process of fulfilling the officers. As a juvenile, Yusran8 also the education. added that "in prison there are times or 4. Low awareness of the community, schedules set by officers to carry out the regional governments both education process. But the education provincial and city / district and process does not cover all education as community organizations towards is found in schools in general. the future of children's prisoner Here we often learn about religion education in Class IIA Penitentiary such as the reading Qur’an, praying, and Bengkulu. This situation is the latest excercising. We haven't been able to get condition of Class 1 Penitentiary of technology lessons such as computers Bengkulu City. This situation can because maybe the facilities aren't here make the fulfillment of children's yet ". rights in prison neglected. Child The lack of availability of teaching prisoners are used to self-taught staff, especially in academic education learning and are based on available for juveniles in Class 1 Penitentiary in reading material. Quality of Bengkulu City, must be immediately Education for children, which is addressed. Basic education and none other than the next generation academic knowledge are urgently of the nation in the future should be needed by juveniles to broaden their questioned. Education and coaching horizons in thinking. conducted in prison will greatly Education and teaching in prisons affect the development of children should be organized according to the in the future. Therefore, it must be curriculum applicable to educational matters that education should institutions that are equal. But due to the always be made the top priority in obstacles to realize the program, the efforts to improve the quality of the
nation's intelligence going forward. 8 Interviewed with Yusran, A child prisoner of Penitentiary Class IIA of Bengkulu City
42
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
educational activities in prison have What really very important to be been carried out with modest facilities fostered is the personal of juveniles, and infrastructure. raising self-esteem and developing a For the Penitentiary of Class IIA sense of responsibility to adjust to a of Bengkulu City, the fulfillment of the peaceful and prosperous life in society, right to get education for juvenilse is so that they become a highly personal continuously carried out, so that it can and moral person. run optimally. However, this cannot be D. CLOSING delegated as a whole by the 1. Conclusions implementation system to Prison. In the a. Implementation of the fulfillment government's regulations, it does not of the right of juveniles to get fully explain the technical guidelines for education in Correctional the implementation of education. Institutions of Class IIA of According to Gunawan9, this also Bengkulu has not been fully becomes a major obstacle in the fulfilled. However, efforts to implementation of the fulfillment of the implement education continue to rights of education for juveniles. be done as well as possible given Prison as the task executor tries as the very urgency of education for a much as possible to carry out the person (child) despite undergoing fulfillment, one of them is by a criminal period. The right to synchronizing the teaching methods of education is something that must education with the guidance process that be fulfilled because it has been is in the prison. Even though this is still regulated in Government considered to be not optimal, this is a Regulation. In P Correctional maximum effort that can be done. Institutions of Class IIA of Education is a mean that supports Bengkulu, to fulfill the educational the country's success in making children process, there is a Study Group of of the country a member of society. Paket A (equivalent to Elementary Prison is very instrumental in fostering School), Paket B (equivalent to and educating prisoners to be better. Junior High School), and Paket C
(equivalent to High School) as a 9 Interviewed with series of processes to fulfill the Gunawan,Amd.IP,S.Sos.,S.H.,M.Si, Section Head of Community Guidance Penitentiary of Class IIA right to get education for juveniles. of Bengkulu City But the program has not run
43
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
optimally according to standards In Government Regulation No. set by the government. Most 32/1999 it only explains the juveniles make self-taught obligation to carry out formal learning. In implementing the education in prisons, but the Pursuing education package, the technical implementation to Prison collaborates with the support these activities is not Department of Education. regulated in detail. This situation Coaching and education are makes it difficult for the carried out according to a schedule penitentiary to implement the that has been set by the Prison. For regulation. the teaching process, Prison 2. Suggestions collaborates with the Department Based on the above conclusions, the of Education, especially for the suggestions that can be submitted by provision of teaching staff. the author are as follows: b. In the implementation of the a. To overcome the problems education process in prisons, there that occur in Correctional are several factors that become Institutions of Class IIA of obstacles in its implementation. Bengkulu, especially in the These factors include the lack of process of implementing work partners to carry out the education for juveniles, a process of fulfilling the right to direct role from the local education, the facilities available government must be in Prison are inadequate, the required in this case the limited teaching staff provided by Ministry of Law and Human the Department of Education, Rights to evaluate the work escort to juveniles when pursuing program planning that has education outside Prisons, as well been made. The oversight as minimum budget allocations. In function of all educational addition there are also obstacles and coaching programs is from the juridical aspect. There are also important. Supervision no implementing regulations that is carried out in an effort to specifically regulate the oversee the programs carried implementation of formal school out in prisons. It is important education for juveniles in prison. to know the problems that
44
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
can hinder the survival of b. Partners are urgently needed child prisoners' rights, by the Prison to provide or especially regarding facilitate the education and education. Prison as teaching process in facilitators must also Correctional Institutions of provide the needs of Class IIA of Bengkulu. children in the form of Collaboration with these adequate facilities and parties can help overcome infrastructure to support obstacles in prison. The children's education in Department of Education Correctional Institutions. In and Culture must also play addition, Government an active role in facilitating Regulations are very much the needs of juveniles. needed in terms of Participation from determining technical community organizations, instructions and college students, and child implementing instructions activists is also needed in for conducting education this process given the very based on the curriculum importance of education for conducted in Correctional juveniles, especially in Institutions of Class IIA of Correctional Institutions of Bengkulu. This is very Class IIA of Bengkulu. important to do, so that the REFERENCES task implementers in the field have a basic handle and A. Gunawan Setiardja. 1993. Hak-Hak benchmark in doing so. Asasi Manusia Berdasarkan Ideologi Pancasila. Yogyakarta: With these two things, the Kanisius. implementers of the Adi Sudjatno, Negara tanpa Penjara: education program in the Sebuah Renungan, Montas Ad, Jakarta, 2002 Correctional Institutions do
not lose their direction and Adi Sudjatno, Sistem Pemasyarakatan Indonesia Membangun Manusia have a clear vision in Mandiri, Departemen Hukum dan conducting the teaching Hak Asasi Manusia (HAM) Republik process.
45
Henny Wins, Antory Rodyan Adyan, Hamzah Hatrik Bengkoelen Justice, Vol. 11 No. 1 April 2021
Indonesia, Direktorat Jenderal Ratnawati. Pola Pembinaan NAPI Pemasyarakatan, Jakarta, 2004. Anak sebagai Salah Satu Upaya Pemenuhan Kebutuhan Pendidikan di Andi Hamzah, Sistem Pidana dan Lembaga Pemasyarakatan Anak. Pemidanaan di Indonesia, Pradnya Malang. PDF. Paramitha, Jakarta, 1993. Hesly E. Marentek, Pembinaan terhadap Bambang Poernomo. 1986. Warga Binaan dalam Lembaga Pelaksanaan pidana penjara Pemasyarakatan Ditinjau dari dengan sistem pemasyarakatan. Perspektif Peraturan Perundang- Yogyakarta: Liberty Yogyakarta. undangan yang Berlaku, Jurnal Lex Crimen, Vol. IV, No. 8, Oktober C. I. Harsono Hs, Sistem Baru Pembinaan 2015. Narapidana, Penerbit Djambatan, Jakarta, 1995 I Gede Ardian Paramandika, Pembinaan terhadap Narapidana di Lembaga Darwan Print. 2003. Hukum Anak Pemasyarakatan Klas IIA Denpasar. Indonesia. Bandung:PT. Citra Aditya [Jurnal] Program Magister Ilmu Bakti. Hukum, Fakultas Hukum, Universitas Udayana, Denpasar, 2012: 1-6. Didin Sudirman,Reposisi dan Revitalisasi Pemsayarakatan dalam Sistem Maulana Hassan Wadong. 2000. Peradilan Pidana di Indonesia, Pengantar Advokasi dan Departemen Hukum dan Hak Asasi Perlindungan Anak. Jakarta: PT. Manusia (HAM) Republik Indonesia, Gramedia. Pusat Pengkajian dan Pengembangan Kebijakan, Jakarta, 2007 Naney Nelson Knupfer & Hilary McLellan, Descriptive research methodologies, Dwidja Priyatno, Sistem Pelaksanaan Kanzas State University Press, Pidana Penjara di Indonesia, Manhattan, USA, 1990, Cetakan Ketiga, Refika Aditama, Bandung, 2013. Peter Mahmud Marzuki, Penelitian Hukum, Edisi Revisi, Cetakan Keenam, Dwidja Priyatno. 2006. Sistem Pelaksanaan Kencana: Prenada Media Group, Pidana Penjara Di Indonesia. Jakarta, 2010 Bandung: PT. Refika Aditama. Gasti
46