KUPAT TAHU (KUPAS TUNTAS TENTANG HUKUM) UNDANG-UNDANG PEMASYARAKATAN NO 22 TAHUN 2022

Summary

In this episode of *Kupat Tahu Kupas Tuntas*, the guest expert, the Head of the Division of Corrections at the Ministry of Law and Human Rights in DKI Jakarta, discusses Indonesia's new Correctional Law (Law No. 22/2022). The law focuses on strengthening social reintegration and introducing restorative justice. It outlines updates in correctional practices, highlighting inmate rehabilitation, human rights protection, and the broader responsibilities of correctional institutions. The discussion also covers the new principles, functions, and the system for assessing prisoners’ behavior to determine eligibility for remission and privileges, offering a more humane approach to justice.

Takeaways

• 😀 The new Indonesian Penal System Law (UU No. 22 Tahun 2022) emphasizes rehabilitation and reintegration of inmates into society, focusing on social reintegration over punitive measures.
• 😀 The law introduces the concept of restorative justice, especially for juvenile offenders, prioritizing reconciliation and accountability over retribution.
• 😀 The role of the Correctional Division (Divisi Pemasyarakatan) has expanded to include the oversight of prisons, detention centers, and social reintegration services, currently overseeing over 17,000 inmates.
• 😀 One of the major changes in the new law is the inclusion of social reintegration alongside the previous focus on punitive measures, aiming to support inmates in becoming law-abiding citizens post-release.
• 😀 The law adds new guiding principles such as humanity, community cooperation, and independence, while retaining principles like dignity, equality, and protection for inmates.
• 😀 The law introduces a **new inmate assessment system** (SPPN) that tracks prisoners' behavior and progress in rehabilitation, ensuring objective and accountable evaluations for privileges such as remission.
• 😀 The new Penal System Law expands the duties of correctional officers, including monitoring, guidance, security, healthcare, and reintegration, emphasizing the holistic approach to inmate rehabilitation.
• 😀 **Restorative justice** is now formally integrated into the system, especially for juvenile offenders, with an emphasis on healing and reparation instead of punishment.
• 😀 The new law establishes clear rules regarding the **rights of inmates** and **correctional staff**, with specific sections addressing professional conduct and protection of staff rights.
• 😀 **Community involvement** in the correctional process is now recognized as crucial, with a formal role for society in the rehabilitation and reintegration efforts of inmates.
• 😀 The law no longer requires complicated legal processes or additional steps for inmates to receive conditional release, making the process for obtaining privileges such as parole more transparent and efficient.

Q & A

What is the main focus of the discussion in this legal talk show?

The main focus of the discussion is the new Indonesian Law No. 22 of 2022 on correctional systems, its objectives, and the changes it brings to the previous correctional law, including improvements to rehabilitation, social reintegration, and restorative justice in the criminal justice system.

What was the key objective behind updating the Correctional Law in Indonesia?

The key objective of updating the law is to strengthen the concepts of social reintegration and restorative justice, moving away from the previous punitive approach to one that emphasizes rehabilitation, reintegration, and fairness, particularly for children and women in the correctional system.

What are the main differences between the previous law (Law No. 12/1995) and the new law (Law No. 22/2022)?

The new law emphasizes social reintegration and restorative justice, and it provides more detailed regulations, such as a system for monitoring and evaluating prisoners' behavior, expanded protection of prisoners' rights, and the inclusion of intelligent support in correctional facilities. It also stresses the importance of community involvement in rehabilitation.

How does the updated law define the correctional system?

The correctional system, as defined in the new law, is a comprehensive approach that involves the coordination of correctional officers, prisoners, and society. It aims to protect the rights of detainees and minors, enhance the rehabilitation process, and ensure that offenders can reintegrate successfully into society upon release.

What are some of the core principles (asas) of the new correctional system as outlined in Law No. 22/2022?

The new law includes principles such as protection (pengayoman), non-discrimination, humanity, mutual cooperation, independence, proportionality, and professionalism. These principles aim to ensure that the correctional process is humane, balanced, and transparent, with a focus on reintegrating offenders into society.

What new function has been added in the correctional system under Law No. 22/2022?

One of the new functions added is the inclusion of intelligence support in correctional facilities. This aims to improve the security and monitoring of detainees, ensuring more effective management of prisons and detention centers.

How does the updated law approach the rehabilitation and reintegration of prisoners?

The new law emphasizes rehabilitation through a system that includes daily assessments of prisoners' behavior. It also highlights the importance of ensuring that prisoners are evaluated on individual needs, with the goal of reintegrating them as responsible and productive members of society upon their release.

What is the role of the community in the implementation of the correctional system under the new law?

The community plays a crucial role in the new law. The law stresses the importance of public participation in the rehabilitation process, ensuring that societal reintegration is supported both during and after incarceration.

What does the system for evaluating prisoners' behavior (SPPN) entail?

The SPPN is a system that evaluates prisoners' behavior through objective measures, including monitoring and using tools like CCTV, reports from correctional officers, and regular assessments of behavior. This system ensures that remissions and other privileges are granted based on measurable improvements in prisoners' conduct.

How does the law ensure the protection of the rights of correctional staff and detainees?

The new law includes separate regulations for the protection of the rights of correctional staff, such as a code of ethics, as well as guidelines for their professional conduct. It also places a strong emphasis on protecting the rights of detainees, ensuring that their treatment is fair, humane, and non-discriminatory.