Peran Kejaksaan dalam Pengawasan Narapidana yang Diberikan Pembebasan Bersyarat (Studi pada Kejaksaan Negeri Medan)

Abstract

Parole is one of the ways to make a prisoner live independently in his community after he has been out of the prison. It is given to prisoners after they have been imprisoned for 2/3 (two thirds) or at least 9 (nine) months. However, the prisoner is required to fulfill the requirements stipulated by the Decree of the Minister of Law and human Rights No. 3/2018 on the Prerequisites and the Procedure of Giving Remission, Assimilation, Leave for Visiting Families, Parole, Leave before being Released, and Conditional Leave. Attorneys have duty and authority which are in accordance with Law No. 11/2021 on the Indonesian Attorneys. The research problems are how about the legal provisions on the role of Attorneys in watching over prisoners in parole, how about the implementation of watching over prisoners in parole by Attorneys, and how about Attorneys’ efforts and obstacles in watching over prisoners in parole. The objective of the research is to analyze the legal provisions on the role of Attorneys in watching over prisoners in parole, the implementation of watching over prisoners in parole by Attorneys, and Attorneys’ efforts and obstacles in watching over prisoners in parole. The research employs juridical normative and descriptive analytic methods. The data are obtained from primary, secondary, and tertiary legal materials. They are collected by conducting scientific research in library research, field research, and interviews. Parole is regulated in the Indonesian legislation. It is embodied for the first time in the Criminal Code, based on the Wetboek van straftrecht voor Nederlandsch Indie, the Criminal Law itself. Law No. 12/1995 on Prison states that “The release of prisoners is that after a prisoner have been imprisoned for two thirds of imprisonment or at least 9 (nine) months of imprisonment. According to Article 1, number 1 of Law No. 11/2021 on the Indonesian Attorneys, the Regulation on Parole has to be based on the Decree of the Minister of Law and Human Rights No. 3/2018 on the Prerequisites and the Procedure of Giving Remission, Assimilation, Leave for Visiting Families, Parole, Leave before being Released, and Conditional Leave. The control can be done by Attorneys according to the address of the prisoners in parole. The Attorneys as the controllers over the prisoners in parole in the Medan District Attorney’s Office, undergo internal and external obstacles in controlling the prisoners in parole. It is recommended that, by a clear mechanism, the standard of regulation in inter-agencies coordination be done effectively in order that the parole can be achieved. (1) Reporting book or Liability to Reporting should be given to the Attorneys regularly so that the report will be clear; the responsible guardians should take the risks and be responsible for every watching and observing over the prisoners so that they will not commit any offenses again; they have to provide the clear report for the controllers. (2) The government’s budget should be available to fulfill the needs of the prisons in order to solve the limitation of prisons. (3) The lack of the government’s facility usually makes the law enforcement agencies confused and become the obstacles for them in processing the mechanism and the procedure made by the courts.