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DEVELOPING AND IMPLEMENTING PAROLE SYSTEMS

AND COMMUNITY BASED ON SENTENCED

CHAPTER I
Introduction

Function of the criminal’s imprisonment that solely aimed to seize the


independence become changes in line with the development community and also parallel
with the development of various disciplines knowledge’s in certain times dominating and
give affects to the purpose of the criminal’s imprisonment. The previous aim intended for
retribution, switch to deterrence, rehabilitation, resocialization and the last social
reintegration. Reintegration pattern that attentive by most nations in the world in basic
principles of treatment more oriented to the community based Corrections.

The view on the effectiveness of the criminal’s imprisonment appears to be


related to the empirical results that are measured by the intensity of the incident at the
Prisons and Detention Houses. Riot, demonstration and various forms of conflict in the
correctional institution will be regarded as evidence of society's poor management in the
correctional institution.

Data’s of Security Disturbance and Orderliness in Prison and Detention House in all over
Indonesia:
I. 1. Data’s of Riots / Demonstrations / Conflicts
YEAR NUMBERS
2004 14
2005 12
2006 25
2007 14
2008 5

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The efforts of the criminal implementation with the correctional system appears to
be dealing with the condition that these empirical phenomena to be faced by the
Directorate General of Correction of Republic of Indonesia as structural institutions that
has tasks in the field of treatment offender against the law in Indonesia. Various efforts,
programs and activities have been performed since the idea of renewal penal code and
correctional system established 40 years ago.

The progression of correctional should be oriented to the treatment outside of the wall,
the partition social wall between the inmates and community. Imprisonment the
prisoner’s as much as possible only temporary as the beginning of the correctional
process which the emphasis should be built and the treatment oriented are community.

The backgrounds that the treatments are needed for the inmates in Indonesia are:
1. The globalization that affect to the progress and development of communication
technology and information are impact on increase the crimes of transnational crime
which show various forms of crime, including smuggling and abuse of drug addict,
terrorism crime, cyber crime, money laundering, trafficking, illegal logging, white
color crime, etc.
2. Instability in economic, political, social, and cultural have impact on the emerging
crisis in the various facets of community being, which activate the crime with
economic, political, social, and cultural background, that increase that crimes statistic
and causing most of the Detention House and Prison no longer be able to
accommodate new prisoners.
3. Financial of state in difficult conditions so the government has not been able to meet
the needs of development of new Prisons and Detention Centre that will be able to
offset the growth of prisoners and detainees numbers which make the Prisons and
Detention Centre in over load conditions and crowded.
4. The consequence of overload conditions and crowded make these situations:
a). Ranges of control supervision are weak.
b). Lack of the services can be given to the inmates and community.
c). Lack of enforcement of the human living of inmates.

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d). It is vulnerable occurs the security interference and conflict between each inmates
and also conflict between the inmates and the correctional officers.
e). It is vulnerable occurs contagious disease that adverse consequence increase the
number of sickness and death.
f). The emergence of various forms of deviations, misuses and abuse of authority.
g). Lack of attention to the implementation of the treatment programs because most
resources are concentrated on the interference of security and orderliness.
h). The basic rights of inmates and offenders cannot meet the minimum, it can be
consider in category breach of human rights structured.
i). Parole programs and release with condition programs constrained with
administrative requirements, discriminative and those become the source of
corruptions.
j). Approximately 16 thousand inmates under one year old punishment cannot reach
to parole and release with conditional programs, so the inmates must undergo full
criminal punishment.

On this paper, will be discussed in more detail about how correctional institution
can explore two aspects of punishment which are community based sentences, which is
the first effort by the Indonesian government in developing an alternative punishment, so
that the judge made the decision in prison as a "final decision". And the second is a
scheme of parole (parole), which apply to prisoners who still serve a sentence, and placed
them in the community with supervision and monitoring. In the second chapter will be
the extent to which the Indonesian government efforts to make optimal guidance for the
prisoners, obstacles that are found during the development and leading to the prisoners,
and the success of the implementation of Parole in Indonesia.

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CHAPTER II
“Front End” Alternatives to Imprisonment

Problem-solving for overcapacity problems in prison is needed, such as


restorative justice. In this case, the cooperation between law enforcement (police,
prosecutors, judges) in judge the criminal punishment, it must be sustainable, as much as
possible avoided a person from imprisonment.

Legal basis for the restorative justice in Indonesian criminal law include:
a. Penal Code;
• Article 14a (1): When the judge throw the criminal in prison one year old or
criminal confinement (jo article 18 paragraph 3: criminal confinement can not be
more than one year four months), then in judge’s decision can order that the
imprisonment no need to be done, change with the other punishment.
• Article 19 jo Article 29: Person who judged criminal confinement must be
running a job for him, such as care the prison or work outside the prison, be a part
of teaching programs, conducting worship, and others are regulated by law.
• Article 45, 46, and 47 jo KUHP Article 24 of Act Number 3 year 1997 about
Children Jurisdiction: (Special for confinement punishment): Based on the law,
for age the child is 8 -18 years. In this case the judges were given the power to
determine, if the children do an action:
- Returned to his/her parents, without any criminal punishment.
- Ordered that the guilty be handed to the government without any criminal
punishment, until the child aged 18 years (with the requirements in Article 45
and 46)
- Or give punishment with the maximum principal criminal reduced third.

Giving judged such as reimbursement to the parents or surrender to the


government, not a criminal action, but a provision of the improvement
(opvoedende maatregel). Reviewed from the point of Criminal Law Procedural
Code, judged decision about that, slightly deviates from this principle of justice

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that says: "When judges have confidence that a defendant has a criminal conduct,
the defendant must be punishment". However, the law still gives powers to the
judges for not giving sentences for a child under aged 16 years who have
committed a crime. Apart from these reasons, it seems to be also a consideration;
Prison is not the appropriate place for the provision of punishment for children.

b. Act Number 39 year 1999 about Human Rights and Act Number 23 year 2002 about
Child Protection, load significantly in the section: "The arrest, detention or
imprisonment in criminal child may only be made in accordance with applicable law
and can only be implemented as a last effort (the regulations more operations for the
Police) ".

In fact clearly in the legislation of Indonesia, and restorative justice and diversion
must be done by law enforcement especially judges. However, in practice it can not walk
properly. This is evident from the occurrence of overcapacity in Prison and Detention
House.

II.1. Data’s of Inmates and Detainees in Prison and Detention House


Numbers Year
2005 2006 2007 2008 Jan 2009
Detainees 40.764 47.496 54.307 54.628 50.239
Inmates 56.907 69.192 76.525 75.447 73.976
Total 97.671 116.688 130.832 130.075 124.215
Capacity 68.141 70.241 81.384 84.493 84.493
Over 29.530 46.447 49.448 45.582 39.722
Capacity

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CHAPTER III
Parole and Other Conditional leave

III.1. The Comprehension

In Correction, there are also efforts to restore the condition of over capacity and
development the treatment also guidance the prisoners equally. The understanding of
development treatment and guidance in correction field:
1. Assimilation is the process of treatment for Prisoners & Juveniles that put the
Prisoners and Juveniles in community life.
2. Parole is the treatment process of Prisoners and Juveniles being outside the
correctional facility after undergoing at least 2 / 3 (two thirds) period of his sentences,
which judged at least 9 (nine) months sentences.
3. Leave before Release is process of treatment for Prisoners and Juvenile, where they
put outside the correctional facility after 2/3 (two thirds) sentences, at least 9 (nine)
months they shown the good behave.
4. Conditional Leave is a treatment process outside of the correctional facility for
prisoners and juveniles that punish with under 1 (one) year prison, at least already
pass 2/3 (two thirds) sentences.
5. Supervision is the step or activity that serves to prevent the occurrence of
irregularities assimilation, parole, leave before release, and conditional leave
including the evaluation and report of the activities.
6. Guiding to improve the quality of god fearing, intellectual, attitude and behavior,
professional, health, physical and spiritual of inmates.

Parole, leave before release, conditional leave conducted by the Head of Prison or the
Head Detention House, as follows:
1. For parole, the head of Prison or head of detention house sign the parole letter, then
hand over the prisoners to the head of prosecutor and the head of parole and probation
office, to conduct the guidance.

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2. If in that region there are no Parole and Probation Office, the prisoners put in other
Parole and Probation Office that will give him/her guidance.
3. For leave before release and conditional leave, the head of prisons or detention house
sign a letter of leave before release and conditional leave, than hand over the inmates
to head of parole and probation who’s leading the guidance.
4. If there is no parole and probation office in that area, the prisoners will be move to
other parole and probation office to get guidance.

III.2. Guidance

In Indonesia, there are three steps of guidance, namely:


a. The initial stage of which started since he got the status as prisoners, up to 1 / 3 (one
third) of his sentences.
b. The advanced stage, which consists of two phases:
• First phase (follow up the initial stage) since the end of the initial phase of ups to
½ (half) the criminal.
• Continued with phase two since the end of the first phase continued up to 2 / 3
(two thirds) sentences.
c. The last guidance, the end-stage conducted since the end of 2/3 (two third) sentences
until the end of sentences.1

Official Statement:
a. The Initial Stage
Talking about the guidance process of criminal system in the penitentiary, the
process can be seen from the reception of the very first prisoners enter correctional
institution, which begins with the registration process.
In Indonesia, although not specifically set about classification and assessment,
actually can be fixed to in the initial phase of guidance which includes:
a). The period of observation, an environmental research, maximum one (1) month.

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Government Regulation Number 31 Year 1999 about Guidance and Treatment for
Inmates, Chapter II, article 7 and 9

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b). Planning personality development program and self-reliance.
c). Implementation of the program of the personality and self-reliance.
d). Assessment of the implementation of the first stage of the program. 2

Assessment and evaluation implementation of the initial stage is done by the


Correctional Observer Team (TPP – Tim Pengamat Pemasyarakatan) with the elements
by officials at the Prison, Parole and Probation Office or other relevant officials,
including:
a). Suggestions on the form and guidance program in implementing and guiding the
correctional systems,
b). Assessment the implementation of the program and guiding; and
c). Receive complaints and accusations from inmates.
At this stage, correctional institution does research and observations of the prisoners
to know the social background (including relationships with family, society and
environment), cause of commit to a crime, and all things related to the inmates
circumstances. With the materials can be planned and carried out the right efforts and
develop a positive relationship between the prisoners and the community. 3

b. Advanced Stage
Advanced stage, primarily, the implementation phase of the program that has
been determined at the outset. The outline of the programs realized in health and medical
services, religious programs, education programs, work programs (prison labor and
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industry). These programs are primarily systematic and specific effort directed toward
to correcting the inmates. 5
All of the efforts are involved in every restorative activity with reintegration
construction for the prisoners to mediate community as the final goal of the criminal in

2
Government Regulation Number 31 Year 1999 about Guidance and Treatment, Chapter
II, article 10
3
See the Decree of Director General of Correction Number K.P.10.13/3/1 date 8
Pebruari 1965
4
See James A. Inciardi, Opcit, hal. 580-590.
5
Charles F. Campbell, “Principles and Prerequisites fro Treatment of Committed
Offenders,”in Leonard J.Hippchen (ed), Correctional Classification and Treatment, Compiled by
the American Correctional Association (Cincinnati, The W.H.Anderson Company, 1975), hal.117.

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prison. A study, showed that prisoners who are actively making contact with the
community more responsive to the program guidance compared with prisoners who are
socially isolated. 6
In Indonesia, in the scope of guidance can be divided into two (2) areas, namely:
1. Development of Personality, which includes awareness of religious guidance,
awareness of the nation and state, of intellectual ability (intellect), awareness of legal
guidance and integrate themself with society.
2. Development of Independence, which included skills training, agriculture and
industry and the activities developed in accordance with their respective talents
(hobby). 7
When linked with the goals of the correctional program, the personality program
is very closely related to the recovery effort and the relationship of living the life of
prisoners with society. While the independence program is very closely related with the
recovery efforts of prisoners relations (relations with the prisoners work). 8
Experience working in a prison regularly, could be useful as preparation looking a
work after release and can adapt to working conditions in the outside wall. 9
Selection in the transition phase is quite important comparison with the previous
stages, because this is the stage when the prison must make a bold introduction the
prisoner to the public or assimilation. At this stage, prisoners can be placed on open
prison (open camp) for outside activity program
Introduction to open camp as one of the guidance programs is through
assimilation. There are 5 Open Prison in Indonesia (West Sumatra, DKI Jakarta, Central
Java, Nusa Tenggara Barat dan Nusa Tenggara Timur).

Implementation of the Guidance Programs


Development of personality in Prison not run in structured and equitable, because of
there is no systematic mental spiritual program, there are only lecture-lecture held for the
6
Blake McKelvey, American Prisons , Patterson Smith, Montclair, N.J, 1977, hal.369.
7
See the Decree of Ministry of Justice Number: M.02-PK.04.10 year 1990 about The
Guidance Pattern for Inmates and Offenders.
8
40 Tahun Pemasyarakatan, Mengukir Citra Profesionalisme, Ditjenpas, Jakarta, 2004,
hal. 47
9
Home Office, Custody, Care and Justice : The Way Ahead for the Prison Service in
England and Wales, Cm 1647, London, HMSO, 1991, hal.78

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religion of Islam on Friday when the Friday sermon, and only one day for Christian at the
church, and this-was not followed by all the prisoners, only for the inmates who really
wanted.
Similarly, in terms of awareness of the nation and state, they do not have special
guidance who organized the program. Intellectual ability program, including reading and
writing, in officially does not exist.
Development of independence in the form of skills working at the research not
running properly, the convict is not given the skills of guidance, they are busy with daily
work routine, with the division of their respective duties, some clean the block, room and
office, the other help the employees in the office, kitchen, room and policlinic.
In the implementation of these activities found a number of constraints such as poor
facilities and lack of infrastructure inverted proportionate to the number of prison
population (over capacity). This situation cause all the inmates has no same opportunity
to attend the event. In addition, knowledge about the concept of community-based
corrections in practice, is still traditional, defined as family visits, community members
and activities on the assimilation stage and integration.

c. The End Stage (Integration)


Although the concept of community-based corrections is basically become
foundation of all the activities of the prison, but the concept is fully realized in the final
stage (integration) that really made outside the walls of prison (non institutional
treatment) through parole.
Here is a successfully example, a case study on LAPAS Merauke - Papua, per
December 2008.

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1. Vocational Training / Workshop Computer Course

2. Art and Exercise

Computer Course

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3. Studying

5. Worship with community


4. Radio Show, once per two month

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6. Wood Craft

7.
Assimilation Agriculture

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9. Cow Farm

10. Prison Computer Servis

11. Women Activitiest

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12.
Assimilation Clean The City

13. Prison Parade dan and Exhibition

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III.3. Treatment

1. Treatment for the prisoners who get a Parole (PB), or Conditional leave (CB), Leave
before Release (CMB) made by Social Guider.
2. Social Guider is compelled to accompany the client, make home visits (home visit),
visit a work place or school.
3. The Society regularly required making report of the correctional clients’ development
guiding.
4. Head of parole and probation officer must make the closure letter of counseling
correctional clients who completed the PB, CB, or CMB.

Example calculation 1 / 3, 1 / 2 and 2 / 3 the sentences, detention is not lost:


Name : M. SARJU
Age : 25 years
Sex : Male
Religion : Islam
No. Register : BI.310/D2004
Things : Counterfeit / 245 Criminal Code
Criminal : 3 Year
Court : District Court, No. 145/PID.B/2005/PN date 30 - 01 - 2006
Arrested since date: 28 - 08 - 2005

Remission earned:
General Remission in 2006 = 1 month
Special Year 2006 Remission = 1 month
General Remission 2007 = around 3 months
Total Remission = 5 months

a. Calculation of 1/3 Sentences 1 / 3 X (length of sentences -remission)


Sentences = 3 years 0 month 0 day
Total of remission 5 year = 0 year 5 month 0 day (-)

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The remaining sentence = 2 years 7 months 0 hr
1 / 3 of the sentences = 1 / 3 X 2 years 7 months 0 day = 10 months 10 days
Date 1/ 3 of Sentences = 28 - 08 - 2005 + 10 months 10 days
= date 04 - 07 - 2006

b. Calculation of 1/2 sentences


Sentences = 3 years 0 month 0 day
Total Remission = 0 year 5 months 0 day (-)
The remaining sentences = 2 years 7 months 0 day
1 / 2 sentences = 1 / 2 x 2 years 7 months 0 day = 1 year 3 months 15 days
Date of 1 / 2 sentences = date. 28 - 08 - 2005 + 1 year 3 months 15 days
= date 11 – 12 - 2006

c. The calculation of 2 / 3 The Criminal


Sentences = 3 years 0 bl 0 hr
Total of remission = 0 year 5 months 0 day (-)
The remaining sentences = 2 years 7 months 0 day
2 / 3 sentences = 2 / 3 x 2 years 7 months 0 day = 1 year 8 months 20 days
date of 2 / 3 sentences = date 28 - 0 8 - 2005 + 1 year 8 months 20 hr
= date 15 - 05 - 2007

The following data indicate that the activities of such assimilation, parole, leave
before release and leave visiting family which is the indicator of the implementation of
community-based corrections show increase in Indonesia, per year 2007, 2008 and until
June 2009.

III.3.a. Data’s of Inmates and Juvenile who got Parole


January – December 2007 January – December 2008 January – June 2009
9.308 people 16.728 people 11.840 people

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III.3.b. Data’s of Inmates and Juveniles who got Assimilation, Leave Visiting Family
(CMK), Leave before Release (CMB) and Conditional Leave (CB)
Year Assimilation CMK CMB CB
Jan – Dec 2007 1.168 people 254 people 2.044 people 1.962 people
Jan – Dec 2008 1.040 people 72 people 3.206 people 12.892 people
Jan - Jun 2009 772 people 64 people 180 people 3.901 people

One form of concrete treatment have done through activities that involve
communities, both the prisoners included in activities around the community in
correctional institution area or in the form of visits by community to correctional
institution.
Active participation of community should be developed and raised all the
possibilities in significantly, correctional officers must be able to actively support all
elements of society which coordinated and directed to support the efforts to restore unity
of the relationship between the prisoners and the community.
Referring to Erving Goffman called the function that the correctional institution
as a "social hybrid" (as a residential community and formal organizations) to meet the
needs of prisoners as well as personnel agencies, Director General of Human Rights,
Harkristuti Harkrisnowo identifies that there will always be tension between the two
interest different groups, in one of the administrators who want to institute orderly
condition and that "secure", while in the other hand, the prisoners feel as a group inferior,
weak and innocent, felt it necessary to maintain "in the group feeling" them. This
condition is indicated as one of the causes development activities not running,
particularly activities of a community-based.

III.4. Parole revocation, Leave before Release and Conditional Leave

1. Parole, leave before release or conditional leave may be revoked if the parole
prisoners repeat a crime, causes unrest in the society, violates the conditions of
parole, leave before release, conditional leave.

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2. If during the period of parole, leave before release, conditional leave, prisoners are
examined by the investigators related with the crime that occurred before the
prisoners got the punishment, the leading still running properly.
3. If the examination in the number (2) and continued with the detention so the parole,
leave before release, or conditional release suspended until the legal process is
completed.
4. Suspension of parole made by the Director General of Correction upon the suggestion
from Head of Parole and Probation Office.
5. Suspension of leave before release or conditional leave by the Head Regional Office
of Ministry of Law and Human Rights.

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CHAPTER IV
Organizational Structure

IV.1. Organizational Structure by Correctional Institution

In organizational, the entire tasks that related with guidance and treatment for
inmates must be done by Directorate General of Correction, Ministry of Law and Human
Rights Republic of Indonesia. In practice, the cooperation between Head of Prison, Head
of Detention House, Head of Parole and Probation Office are needed. Views things must
be concerned by this third parties are:
1) Head of Section, Head of Sub-section in Prisons and Detention House who handle the
guidance and treatment program have obligation to make a book that contains of the
calculation of 1/3, 1/2, and 2/3 phase of sentences, and with the calculation, we can
make plan for integrations programs through Parole, Conditional Leave and Leave
Before Release.
2) Head of Prisons and Head of Detention House have responsible that proposal of
Parole, Conditional Leave, and Leave before Release is given to all inmates and
Juvenile who have qualified in substantive and administrative, no discrimination, and
prohibit the wild-tax levies in process of Parole, Conditional Leave, and Leave Before
Release Proposal.
3) Head of Prison and Head of Detention Centre obliged to complete the administrative
requirements early and establish a harmonious cooperation with related institutions
(Head parole and probation office, Attorney General (Prosecutor), Local Government,
Head of Immigration, the Consulate General for foreign prisoners).
4) Head of Parole and Probation Office must immediately fill the Correctional Research
that request by Head of Prisons and Head of Detention House, and empowering in
maximal the role of Social Guider in Parole and Probation Office, Prison and
Detention House.
5) Head of Parole and Probation Office has responsible on fulfill Correctional Research,
also perform supervision of the Social Guider in making Correctional Research, so in
doing their job they don’t ask any fees from inmates and their family.

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6) The Social Guider in Parole and Probation Office must work together with the related
parties so that the initial information (primary data) of Inmates or Juvenile who gets
proposed on Parole, Leave before Release and Conditional Leave get fulfill and the
Correctional Research can be done as soon as possible.

IV.2. Organizational Structure by Other Department / Institution

The organization outside Correctional Institutions who associated with


Correctional Institution, in guidance the prisoners to serve the sentences in the
community is Ministry of Social Affair, Directorate General of Social and Rehabilitation
Services. But not all task done by Ministry of Social Affairs, the major line and guiding
development still done by the Correctional Institution under the Ministry of Law and
Human Rights.
Ministry of Social Affairs, in this case the official called Social Workers, the duty
to conduct the children who dealing with the law. The duties are to guide, assist, and
supervise the Juvenile based on the Court Decision submitted to the Ministry of Social
Affairs to get education, guidance and job training. And in running the tasks, from Social
Workers must coordinate with the Social Guider of Parole and Probation Office. Reports
from the guidance, assistance and treatment of the juvenile shall be submitted to the
Parole and Probation Office.

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CHAPTER V
Probation and parole / community correction officers

The guidance for inmates and juveniles, conducted by Parole and Probation
Office. Parole and probation located in each capital city and regency, the branch of Parole
and Probation Office located in each district administration. And guiding correctional
clients conducted by the Social Guider.

The Social Guider has tasks:


a. Sociological Research.
Social research carried out by Social Guider, has purposes for:
1) Social Research for District Court: as consideration for the judges in get the
decision.
2) Correctional Research in Prison: as material for determination program
development for Inmates and Juvenile in Prison.
3) Correctional Researh in Detention House: as material for inmates’ treatment.
4) Other institutions: such as Ministry of Industry, Ministry of Labor, etc., that will
be used for the provision of services, such as serve a sentence with Vocational
Training, according to agency needs.
b. Implement guidance and supervision of social work for the correctional client.
c. Coordinate social workers and voluntary workers who carry out the task of guidance.
d. Conducting supervision of children, who get criminal supervision, submitted to the
parent / guardian / fosters parents who were given the task of counseling.
e. Attending the correctional observer team meeting (TPP – Tim Pengamat
Pemasyarakatan) .
Correctional observer team is a team or board with tasked to assist the Head of Parole
and Probation Office in implementing the guidance of correctional clients. The team
consists of Social Guider, Structural officials appointed, from the Social Worker or
other Social Organization, and Expert is required. At its core, the task of correctional
observer team preparing the plans at the first stage of the counseling program,

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advanced, and the end of the assessment and implementation the guidance and
treatment program.
f. Following the child trial court to give an explanation, suggestions, as considerations
material for judges, based on the social research.

In Indonesia, the criteria a person can be appointed as a Social Guider are:


a. Civil officers who graduates at least:
1) Vocational High School in Social Worker field;
2) Public High School or other Vocational High School;
b. have work experience as the Assistant of Social Guider in accordance with the Decree
of the local Head of Parole and Probation Office for graduates:
1) Vocational High School in Social Worker field experienced at least 1 (one) year;
2) Public High School or other Vocational High School experienced at least three (3)
years;
3) For Academy graduates experienced at least two (2) years;
4) For the Under Graduates experienced at least 1 (one) year;
5) For graduate from Correction Academy and Under Graduate of Social Works
have exception, they can be as Social Guider without work experience.
c. healthy in physical and spiritual
d. and have any interest, attention and dedication in the field of social welfare;

There are 70 Parole and Probation Offices in all over Indonesia with total of Social
Guider with training and education background are: (Data’s per-May 2009)
EDUCATION BACKGROUND TECHNICAL TRAINING
Number Assistan Academ
Non Profesio
of Social t of Post Unde y/ Course Couns Never
Social Non nal
Employ Guider Social Gra r Correcti of Social eling get
Guider Acade Social
ees Guider dua Grad on Work / Traini Traini
my Work
te uate Academ BAPAS ng ng
Training
y

888 538 79 271 43 397 50 426 235 77 53 435

Seen from the wide range of work, overload work and the number of Social Guider, it is
not comparable with the total number of inmates, both in terms of quality and quantity -

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far from ideal-, the Directorate General of Correction attempt to find a way out of this
problem.
1) Increase the number of Social Guider in Prison/Detention House/and Branch of
Detention House, which working areas not reached by Parole and Probation Office, it
must be the proposal and suggestion from those Prison/Detention House/branch of
Detention House;
2) In case of raising Social Guider in Prison/Detention House/branch of Detention
House, Head of Prison/Detention House/branch of Detention House should
coordinate with the Head Parole and Probation Office;
3) Social Guider in Prison/Detention House/branch of Detention House is responsible to
the Head of Parole and Probation Office, must make a report on the implementation
of its tasks (making social and correctional research, treatment and guiding, and
others) to the Head of Parole and Probation Office;
4) Social Guider in making Social Research Society to help the investigator, public
prosecutor, the judge in the case of Juvenile and task of guiding the implementation,
financing by Parole and Probation Office;
5) Prison/Detention House/ branch of Detention House provide a room for Social Guider
in carrying out their duties.
The steps taken above have made a lot of Parole and Probation Office’ performance, as
the Technical Operating Units in the field of treatment and guidance outside Prison,
become more efficient in terms of cost and effort.

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CHAPTER VI
What works and What Does Not Work?

Ada beberapa hal yang menjadi catatan dalam pembinaan yang berbasis masyarakat di
LAPAS dan RUTAN, antara lain:
1. Implementation of guidance and treatment in Prison and Detention House running
regularly only on the activities of the personality that is dominated by religious
activities in the field, while other activities but does not work consistently across the
Prison and Detention House in over Indonesia.
2. Activities based on community, in generally, also can be seen only from the religious
activities, in form of religious visits by social organizations or other religious
activities.
3. Assimilation program, leave in visiting the family, leave before release and Parole has
increased each year, and we expected that with development of human resources in
both quality and quantity, the programs can be increase.
4. Besides problems of bureaucracy and the technical requirements to be a substantive
obstacle, lack of adequate funding support as a cause major the activities of
community based can not done well.
5. The lack of funding support for activities based on community has potential the bad
relationship between officers and prisoners.

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6. Directorate General of Correction, now in the effort to: open the opportunity to the
broadest community to participate in development activities in Prison and Detention
House.
7. There is an effort to simplify the bureaucratic procedures on activities of community-
based corrections, such as, procedure of visits prisoners, Assimilation, Leave to visit
the Family, Leave before Release and Parole.
8. Understanding the Assessment and Classification at the beginning stage of the
prisoners (admission, orientation and observation) as the basis guidance for the
prisoners still not well understood by all staff in the field of correction, therefore,
Indonesia need to train correctional officers about it.
9. Optimalization the role of correctional observer team (TPP) in the Prison and
Detention House to determine development program and evaluation of the prisoners.
10. Return the function of Open Prison to take care the assimilation activities for
prisoners, because in fact the Open Prison has not been used well by Correctional
Institutions in Indonesia.

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