Implementasi Hak-Hak Narapidana Menurut Undang-Undang Nomor 12 Tahun 1995 tentang Pemasyarakatan di Lembaga Pemasyarakatan Klas I Medan

Abstract

The convict right is a part of human rights clung as human dignity. The right should be consistently protected by either state or law enforcers particularly by correctional institution. The Indonesia Law No.12/1995 regarding rehabilitees, particularly chapter 14, has recognized comprehend snively the convict rights in Correctional Institution,. The types of right include right of holding religion, right of enjoying the health service and realistic food, the right of receiving physical and psychological treatment, right of receiving education and teaching, and so on. The rights of convict are part of human right clung on convict's dignity as members of people that should be respected appropriately. The objectives of research are to know how is the regulation about convict' s right in Correctional System in Indonesia, Implementation of convict's rights according to the Indonesia Law No.12/1995 regarding rehabilitation in Correctional Institution class I Medan, and also to know the obstacles and attempts taken by Correctional Class I Medan in Implementing the rights of convict in Correctional Institution Class I Medan. The location of the research is Correctional Institution Glass I Medan, because Correctional Institution Glass I Medan is a · biggest Correctional Institution in Sumatera island with overcapacity of inhabitation. The data is collected by document study, distribution, of questionnaires, observation and in interview. The respondents included in this research are convicts, family of the convicts, Correctional Institutional officials, paramedics, chief of Correctional Institution, chief division of advisory, chief division of Taskforce, chief division Program dan Reporting Unit, and chief division of socialization. Thus, the method of research used is by combining normative juridical research and sociological juridic ( empirical), and they are analytical descriptive. From the result of research it can be concluded that the regulation of convict's right in Correctional System of Indonesia is made international requirement contained in Universal Declaration of Human Right, Standard Minimum Rule for the Treatment of Prisoners, Convention Against Torture and Other Cruel Inhuman or Degrading Treatment of Punishment, DUHAM, and Covenant of Civil and Politic Right, and what is included in national requirement is regulated in Criminal Law Text book, Regalement of Jail, and Indonesian Law No.12/1995 regarding the Correction. In addition, the correctional Institution Class I Medan has taken as maximum as possible attempts to implement the convict's right according to Indonesia the law No.12/1995 regarding rehabilitation, although some right of convict can't be treated optimally, this is largely due to some obstacles, including the lack of human power of professionals in Correctional Institution~ the minimum budget available in the Correctional Institution, over-inhabitation, the lack of motivation ang interest of convict, and failure of collaborating with external parties. To overcome those obstacles, the Correctional Institution Class I Medan has taken dome measures to renovate/ build Correctional Institution Class I Medan, to distribute proportional inhabitants§ optimize the rights of convicts; to propose the PRA-DIPA; and to provide the officials with chance to take the study either in Stratum I or Stratum 2 levels, and to build the collaboration with communities and related instances implementation of advisory function to convicts.