IMPROVING HUMAN RIGHTS ENFORCEMENT FOR THE INMATES IN INDONESIA

The correctional system forms an important part of the criminal justice system  in Indonesia. Its role in rule of law implementation of justice chain is to facilitate the humane process of delivering justice (investigation, prosecution and examination in court) and executing the sentence.

The imprisonment of a person does not eliminate their human rights as a whole, correctional law which relate to fundamental human rights and civil liberties deals with the rights of inmates while they are going through their sentence behind bars.

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Source: (The Office of the United Nations High Commissioner for Human Rights (OHCHR)

The inmate in Indonesia have legal human rights, and the imprisonment of a person does not eliminate their human right as a whole. Furthermore, the correctional system management needs to be improved to ensure sufficient management which would improve the human right enforcement within the correctional houses of Indonesia.

Correction institutions are still an effective and important part of the justice system from both aspect, external and internal. From the internal aspect correctional system establishes  to improve inmates to change and be responsible citizens, ready to get back, and accepted by society. While from the external aspect, it is designed to keep society safe by separating it from individuals who have committed crimes

INTERNATIONAL STANDARD
  • United Nations Standard Minimum Rules for the Treatment of Prisoners (the Mandela Rules)
  • United Nations Rules for the Treatment of Women Inmates (The Bangkok Rules)
  • United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules);
  • United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
  • Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
  • Basic Principles for the Treatment of Inmates
  • Human Rights And Correctional houses : A Pocketbook Of International Human Rights Standards For Prison Officials
  • Guidance on Best Practice relating to Prisoners’ Complaints and Prison Discipline
  • Compendium of United Nations standards and norms in crime prevention and criminal justice,
  • The Execution of Prison Sentence Act
  • The United Nations Rules for the Protection of Juveniles Deprived of their Liberty
  • International Covenant on Economic, Social and Cultural Rights
  • United Nation Guidelines for Prevention of Juvenile Deliquency (The Riyadh Guidelines)
  • The Declaration on the Rights of Disabled Persons
  • The International Convention on the Elimination of All Forms of Racial  Discrimination
  • The Vienna Convention on Consular Relations
INDONESIA CORRECTIONAL REGULATION

  • The Constitution of Republic Of Indonesia  ;
  • The Supreme Court Law Number 2 for the year 2012 on The Limit Completion of Minor Crime Acts and Number of Penalties in the Criminal Code;
  • The Correctional Law number 12 for the year 1995;
  • The Government Regulation number 31 for the year 1999 on Guidance and Counseling of Correctional Prisoners ;
  • The Government Regulation number 99 for the year 2012 on  Terms and Procedures for the Implementation of Rights of Correctional Residents;
  • The Government Regulation number 57 for the year 1999 on Cooperation of Implementation of Guidance and Counseling of Correctional Prisoners;
  • The Ministry Regulation number 11 for the year  2017 on Overcrowd Grand Design;
  • The Ministry Regulation number 33 for the year  2015 on Prison Security;
  • The Ministry Regulation number 6 for the year 2013 on Correctional House and Detention House’s Rule;
  • The Ministry Regulation number 21 for the year  2016 on Revision of  The Ministry Regulation number 21 for the year  2013 on Parole Procedures;
  • The Ministry of Law and Human Right of Republic Indonesia Regulation Number M.HH-07.OT.01.03 for the year 2011 on Master Plan of Development of Technical Implementation Unit at Ministry of Law and Human Right;
  • The President Decree number 174 for the year 1999 on Remission;
  • The Ministry Decree for the year 1999 on Assimilation, Parole, and Free Leave;
  • The Ministry Decree for the year 1999 on implementation of the President decree number 174 for the year 1999 on Remission;
  • The Ministry Decree for the year 2003 on The Pattern Building of Technical Implementation  Unit;
  • The Ministry Decree for the year 1983 on the Determination of Certain Prisons as Jail;
  • The Correctional Director General  Decree no. 170.PK.01.01 for the year 2015 on Prisoner Registration and Clasiffication Standar;
  • The Correctional Director General Decision Pronouncement No. PAS–498.PK.01.07.02 For the year 2015 On Food Standard Service in Correctional House;

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