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All Journal Yustisia
Niken Subekti Budi Utami
Faculty of Law Universitas Gadjah Mada

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PENGAWASAN TERHADAP SYARAT UMUM DAN KHUSUS DALAM PELAKSANAAN PIDANA BERSYARAT Niken Subekti Budi Utami
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10606

Abstract

AbstractThe probation is an alternative conditional independence revocation entity that is intended to avoid some negative impact from the implementation of the criminal in prison. Implementation of probation committed outside the correctional institution with provisions for prisoners on probation must abide by conditions set by the judge requirements to be supervised by a supervisory officer. The purpose of this study is to investigate the implementation of the supervision of general and specific requirements by the supervisory officer in this case conducted by the supervisory judge observer (kimwasmat), prosecutors and Correctional Center (BAPAS). This research was conducted with library research to obtain secondary data and field research to obtain primary data. In conducting surveillance, kimwasmat never touched prisoner probation supervision, citing a judge's limited ability to perform tasks supervisory oversight of all court decisions, in addition to the obstruction of funding is not budgeted specifically for the task. Supervision conducted by the prosecutor is also not running, because prosecutors had handed over control to BAPAS. The supervision by BAPAS is precisely the effective control, because it is done with two-way method, which offenders are required to report to the office of BAPAS for any particular period and given guidance in the form of mental training and skills. Supervising social each month, also visited a client's home with intent to know the development of coaching. Based on data obtained from BAPAS Yogyakarta during the last year and a half, never breach the terms of which the judge determined, so it can be said implementation of the supervision and coaching successful.
Quo Vadis: Regulating Independence Coaching for Death Row Inmates in Indonesian Correctional System Niken Subekti Budi Utami; I Kadek Sudiarsana
Yustisia Vol 12, No 3: December 2023
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v12i3.72706

Abstract

The death penalty, one of the punishment types regulated in the Indonesian Criminal Code, continues to be imposed despite conflicts between abolitionists and retentionists. The existence of the death penalty in Indonesia has a legal consequence, which is the need for legal certainty regarding the status of death convicts, who are often entrusted to a Correctional Facility during the waiting period for execution. The enactment of Law Number 22 of 2022 classifying death row inmates as prisoners, along with their rights and obligations. This research uses legal research supported by data from interviews with experts. Data obtained from literature research was analyzed descriptive-qualitatively. The result showed that death row inmates must participate in coaching programs like other prisoners. The coaching program was divided into two parts: character and independence coaching. From the aspect of practicality, character coaching is more beneficial for death row inmates compared to independence coaching, as death row inmates would not return to society and would be waiting for their execution time unless their clemency request was granted.