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Thesis Advisor Recommendation Letter THESIS ADVISOR RECOMMENDATION LETTER This thesis entitled “JURIDICAL ANALYSIS TOWARD PAROLE RELEASE FOR GRAFT INMATES (Case Study: Ministerial Decree of Law and Human Right of the Republic of Indonesia Number M.HH- 26.PK.01.05.06 Year 2014 on behalf of Siti Hartati Murdaya)” prepared and submitted by Dinia Nurfatiha in partial fulfilmment of requirements for the degree of Bachelor of Law in the Faculty of Humanities has been reviewed and found to have satisifed the requirements for a thesis fit to be examined. I therefore recommend this thesis for Oral Defense. Cikarang, Indonesia, January 15th, 2015 Yance Arizona, S.H., M.H Advisor i DECLARATION OF ORIGINALITY I declare that his thesis, entitled “JURIDICAL ANALYSIS TOWARD PAROLE RELEASE FOR GRAFT INMATES (Case Study: Ministerial Decree of Law and Human Right of the Republic of Indonesia Number M.HH-26.PK.01.05.06 Year 2014 on behalf of Siti Hartati Murdaya)” is, to the best of my knowledge and belief, an original piece of work that has not been submitted, either in whole or in part, to another university to obtain a degree. Cikarang, Indonesia, January 15th, 2015 Dinia Nurfatiha ii PANEL OF EXAMINERS APPROVAL SHEET The panel of Examiners declares that the thesis entitled “JURIDICAL ANALYSIS TOWARD PAROLE RELEASE FOR GRAFT INMATES (Case Study: Ministerial Decree of Law and Human Right of the Republic of Indonesia Number M.HH-26.PK.01.05.06 Year 2014 on behalf of Siti Hartati Murdaya)” that was submitted by Dinia Nurfatiha majoring in Law from the Faculty of Humanities was assessed and approved to have passed the Oral Examination on Cikarang, Indonesia, February 2nd 2015 M. Mahayoni, S.H., M.H Chair Panel of Examiners Yance Arizona, S.H., M.H Thesis Adisor / Examiner I Zenny Rezania Dewantary, S.H., M.Hum Examiner II iii Abstract Parole is a development process outside the Correctional Institutions. Genuineley, it is a right of inmates, including a graft inmates which is a form of extraordinary crime. By using normative-juridical research methods in form of library research that examined literatures, regulations, and interview. This research amis to answer these problems: Does the decision of the Minister of Justice and Human Rights of the Republic of Indonesia Number: M.HH- 26.PK.01.05.06 2014 on granting Parole to Siti Hartati Murdaya are in accordance with the procedures of granting parole as defined in Regulation No. 99/2012 and whether the parole given has fulfilled the terms of substantive and administrative requirements in the Regulation of the Minister of Justice and Human Rights M.01.PK.04-10 year 2007? Is the decision to grant Parole on Hartati Murdaya considered appropriate in terms of the objective of punishment? By analyzing The Ministerial Decree of Law and Human Right of the Republic of Indonesia Number M.HH-26.PK.01.05.06 Year 2014 on behalf of Siti Hartati Murdaya, the parole decision was conducted in accordance with the substantive and administrative requirement of Ministerial Regulation No. M.01.PK.04-10 of 2007 and Government Regulation No. 99 of 2012. The decision of granting parole by the view of integrative objective of punishment is already appropriate in terms of the interest of offender but it does not accomodate public's sense of justice. (Key concepts: Parole, Corruption, Objectives of Punishment) iv ABSTRAK Pembebasan bersyarat adalah proses pembinaan di luar lembaga pemasyarakatan dan sejatinya merupakan hak narapidana, tidak terkecuali pula diterapkan kepada narapidana tindak pidana korupsi yang merupakan kejahatan luar biasa. Dengan menggunakan metode penelitian yuridis normatif berupa studi kepustakaan yaitu meneliti dokumen berupa literatur buku-buku, peraturan- peraturan,, dan wawancara dengan narasumber Penelitian ini bertujuan untuk menjawab permasalahan: Apakah keputusan pemberian pembebasan bersyarat atas nama Siti Hartati Murdaya (Keputusan Menteri Hukum dan Hak Asasi Manusia Republik Indonesia Nomor: M.HH-26.PK.01.05.06 Tahun 2014) telah sesuai dengan tata cara pelaksanaan hak warga binaan dalam PP No. 99/2012 dan memenuhi syarat-syarat substantif dan administratif dalam Permenkumham No. M.01.PK.04-10 year 2007? Apakah keputusan pemberian pembebasan bersyarat Hartati Murdaya telah sesuai dengan tujuan pemidanaan? Keputusan Menteri Hukum dan Hak Asasi Manusia Republik Indonesia Nomor: M.HH- 26.PK.01.05.06 Tahun 2014 telah lengkap sesuai dengan Peraturan Pemerintah Nomor 99 Tahun 2012 tentang Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan dan memenuhi syarat-syarat substantif dan administratif dalam Peraturan Menteri Hukum dan Ham No. M.01.PK.04-10 year 2007. Keputusan Pemberian Pembebasan Bersyarat telah sesuai bagi Siti Hartati Murdaya apabila ditinjau dari tujuan pemidanaan yang bersifat integratif namun di sisi masyarakat, keputusan tersebut kurang sesuai karena mencederai rasa keadilan. v ACKNOWLEDGEMENT Bismillahirrahmanirrahim, Alhamdulillahirrabilalamin, First of all I would like to take this opportunity to express my highest gratitude to Allah SWT the Almighty for having made everything possible by giving me strength and courage as well as granted countless blessing to me during the whole process to finish this thesis. Foremost, I would like to thank my advisor, Yance Arizona, S.H., M.H. , for his insightful comments, encouragement, and his impeccable guidance that has led to this work. His efforts at explaining problems clearly and simply have mad it possible for me to learn and understand this subject. I would like to extend my deepest thanks to Maria Francisca M, S.H., S.E., M.Kn. and all of my lectures in Law Study program President University for giving me the opprotunity to learn and acquired knowledge throughout my study. Thanks in advance also for Maya Nursita for helping me making all of those research letter of permission. Friendships have provided the most cherished memories during my study and will hopefully last a long time to come. Thanks to Devi, Firdha, Herti, Firstly, Miranti, Virta, and mbak Shania for all the laughs and constantly supporting me through my endeavors. I couldn't have done it without them. My highschool sweethearts, Talitha, Runny, Chaiyna, Icha, and Suci, thanks for their listening ears in most of my joys and struggles. Putri, though you are very snobish I will remembery our very useful conversations and great jokes that we shared. Thanks for your support during my work pressure and the prayers. Thanks for Naufal for vi just the right amount of supplemental encouragement and his constant prayer. You guys are my whole support systems. I look forward to crossing paths with you all in the years to come. Last but certainly not least, I convey my deepest gratitude to my loving and warm-hearted big family. Nyai, cing Enci, cing Afaf, Ami Tatang and the rest of my aunties and uncles. I am very grateful for my dad, Kiki, and Anca. Thank you for always encouraging me and helping me strive to do my best. Mom, I could not have gotten to this point without your unconditional love, prayers, supports, and constant driving force to help me suceeded. This thesis dedicated for her. vii Table of Contents THESIS ADVISOR RECOMMENDATION LETTER ................................................................ i DECLARATION OF ORIGINALITY .......................................................................................... ii PANEL OF EXAMINERS APPROVAL SHEET .......................................................................... iii Abstract ...............................................................................................................................iv ACKNOWLEDGEMENT .........................................................................................................vi 1. INTRODUCTION ............................................................................................................... 3 1.1 Background ............................................................................................................. 3 1.2 Identifications of Problem ................................................................................... 8 1.3 Research Objective ............................................................................................. 9 1.4 Conceptual Framework ..................................................................................... 10 1.4.1 Criminal Act of Corruption ........................................................................ 10 1.4.2 Conditional Release (Parole) ..................................................................... 12 1.4.3 Purpose of Punishment ............................................................................. 13 1.5 Methods of Research ........................................................................................ 15 1.6 Data Collection Methods .................................................................................. 17 1.7 Data Analysis ..................................................................................................... 17 1.8 Systematic of Writing ........................................................................................ 17 2. LITERATURE REVIEW ................................................................................................. 20 2.1 Rights of an Inmate ........................................................................................... 20 2.2 Definition of Parole .......................................................................................... 20 2.1.1 The History of Parole ...............................................................................
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