AGENDA ITEM FIVE

THE ROLE OF CORRECTIONS IN PUBLIC SAFETY AND THE
REHABILITATION OF OFFENDERS

MINISTRY OF JUSTICE AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA
DIRECTOFRATE GENERAL OF CORRECTIONS

1. Introductions
The Directorate General of Corrections is under the administrations of the Ministry of
Justice and Human Rights of the Republic of Indonesia. In carrying out its responsibilities,
the corrections based on 'pemasyarakatan system' which stated on the Law No. 12 of
1995.
The Directorate General of Corrections currently operate 434 units of Correctional
Institutions throughout Indonesia. The Correctional Institutions consist of
a. Detenton Houses : 230
b. Prisons, consist of
 a. Male Prison : 128
  b. Female Prison : 4
  c. Youth Institution : 2
 d. Male Juvenile Institution : 13
  e. Female Juvenile Institution : 1
 f. Open Institution : 3
c. Probation and Parole Office : 46
d. State Treasury for Confiscated Goods : 7

The total capacity of Detention Houses, Branch of Detention Houses and Prisons are:
62.396 persons.

2. Corrections Statistics

Both of prisons population and detention houses population have risen steadily,
particularly since 1995 gradually increased. The increase of populations assumed
influenced by economic, social and political problem that pounded Indonesian Society.
Even though gradually increased, however prisons and detention houses population are
still below capacity.

Table 1 Prisons and Detention Houses Population and Their Ratio to Total Capacity

Total Capacity
Year
1996
1997
1998
1999
Sept 2000
62.396
44. 344
47.235
47.209
47.425
47.518
100 %
71 %
75,7%
75,6%
76,0%
76,1%



Table 2: Number of Inmates
Year
Prisoners
Detainee
Total
1996
27.934
16.410
44.344
1997
27.010
20.225
47.235
1998
28.384
18.825
47.209
1999
32.318
22.828
47.425
Sept 2000
26.001
21.517
47.518




Table 3 Number of Juvenile Inmates and Their Ratio to Number of Inmates

Year
Juvenile
Inmates
Ratio
1996
2.262
44.344
5,1%
1997
2.096
47.235
4,4%
1998
2.717
47.209
5,7%
1999
2.663
47.425
5,6%
Sept 2000
778
47.518
1,6%

During period 1997-1999 number of Inmates who escaped from prisons and detention
houses increased sharply. This condition assumed related to the social and political
changes in Indonesia society and also lack of security equipment and prisons and
detention houses infrastructure. However several effort through providing security
equipment and rehabilitate infrastructure has been carrying out now.
In order to reducing number of escaping, humanity approaches are more developed by
creating condusive situation inside prisons and detention houses.


Table 4 : Number of Inmates Who Escaped from Prisons and Detention Houses
Year
Total
1996
63
1997
46
1998
161
1999
736
Sept 2000
279

One of the important aspect in treatment of offenders is creating treatment environment
which is a reflection of community environment by giving priority to the treatment approach
without avoiding the security approach which is adjusted with the treatment needs level
proportionally. Eventhough during two last years number of residivism tends increase, thus
approach is really quite effective as special prevention effort to recidivism.

Table 5 i Number of Recidivism and Their Ratio to Total Prisoners
Year
Recidivism
Total Prisoners
Ratio
1996
1.758
27.934
6,2%
1997
1.731
27,010
6,4%
1998
2.056
28.384
7,2%
1999
2.098
32.318
6,4%
Sept2000
593
26.001
2,2%

The treatment of offenders system of Indonesia called 'pemasyarakatan' particularly
based on humanity approach which is reflected from the treatment effort in order to make
prisoners as a law abiding citizen. This means that the treatment of offenders was
attempted to make social reintegration, namely recovery of the prisoners relationships as
individual, social human being and God creature.
Related to their capacity as member of community, the effort of social re-integration will
be impossible to achieve if there is no positive interaction between prisoners and social
value system. It means the treatment of offenders will not succeed when the offenders
are outside from the social interaction system.
Isolated the offenders from the social value system is also to isolate and poverty them
from the basic value of humanity. Adapting the offenders to effective interaction with the
social value system is the catalyst to the social reintegration aim.
Table 6 shows prisoners who undergo the sentence inside society as the fully member of
society.


Table 6 : Number of Assimilation, Conditional Release, Pre Release Treatment and
Family Visiting Release.
Year
1996
1997
1998
1999
Sept 2000
Assimilation
338
163
401
434
394
Conditional Release
1.467
891
1629
3.813
1.735
Pre Release Treatment
322
114
104
50
286
Family Visitin Release
295
138
373
335
317


3. Current Issues
The main issues which have confiscate a lot of attention are escaped, rebelion and not in
prison and detention houses. This case indicated by attacking to prison or detention
houses officers.
In order to maintain this situation, the Directorate General of Corrections has utilized
measures to minimize the case above.

a. Increasing humanity, persuasive, educative approach.
b. Keep balance between capacity and the content of inmates by transfering prisoners
from one prison to another
c. Increasing phisycal human needs by providing more appropriate foods, medicine.
d. Providing education and training for prisons and detention houses officers, particularly
in the field of security.

4. Re-education of Young Offenders
Re-education of young offenders (juveniles) in the effort to overcome juvenile delinquency
is an integral part of what is actually the purpose and basic thought of juvenile justice
itself. Based on this purpose and basic thought then we can eventually decide what and
how is the essence and manifestation of proper treatment given to juveniles.

The purpose and basic thought of juvenile justice clearly can not be separated from
themain purpose that is to manifest protection and welfare of juvenile, which is basically
an integral part of social welfare. In this case it should not be interpreted that welfare of
protection for juvenile is under the interest of the society, instead it should be look
interpreted that putting first or prioritizing the protection and interest of those juvenile is
basically part of the effort to manifest social welfare.

If the purpose and basic thought of juvenile protection and welfare, based on Juvenile
Welfare Law (Law number 4, 1979), then the policy for training Juvenile must also
combine with: "it can guarantee the growth and development of juvenile property, either
spiritually, physically or socially" (chapter I sub la), it must "be able to give juvenile's right
for welfare based on lover to be able to grow and develop naturally' (chapter 2 verse 1)
and it must have 'the goal to help the juvenile in overcoming the hindrance occurring in
their period of growth and development" (chapter 6 verse 1)

The basic thought that support the need for special treatment in educating Juvenile is to
prevent or eliminate negative sides aroused during their placement in Lapas, on the other
hand the necessity to develop personal responsibility conception in order to arise the
awareness of the juvenile over humanity values, social morality and social responsibility in
social life relationship.

Based on Law No. 12, 1995, placing the juvenile into Juvenile Institution, it is classified
according to their status respectively, as follow:

1. Juvenile based on court decree enduring the sentence in Juvenile Institution for until
the age of 18 (eighteen) at the latest;
2. Juvenile based on court decree is given up to the state to be educated and placed in
Juvenile Institution until the age of 18 (eighteen) at the latest;
3. Juvenile based on the request of their parents having the decision to be educated in
Juvenile Institution until the age of 18 (eighteen) at the latest.

The separation of those juvenile becomes the basis of re-education for them. In chapter 6
of Law No. 3, 1997 concerning Juvenile Justice, it is mentioned that Juvenile placed in
Juvenile institution is entitled to get education and training according to their talent and
ability and other right based on the prevailing laws. In relation to treatment for juvenile, the
activity of education and training in Juvenile Institution (intramural) basically is training
process link in the effort to increase the Juvenile quality, that includes:

1 . Faith to God quality.
2. Intellectual quality.
3. Attitude and behavioral quality, as well as love and loyalty to the state and nation.
4. Professionalism/skill quality.
5. Physical and spiritual health quality.

Determining the time of re-education stage for juvenile on criteria no. I is decided based
on its sentence period, as for juvenile on criteria no. 2 and 3 each of their training stage
goes for 6 (six) months and it will be finalized at the latest until the juvenile on criteria no. 2
reach the age of 1 8 years old and for juvenile on criteria no. 3 until the age of 21 years
old.

During the course of the process, juveniles also has the right as desinagted in Law No.
12, 1995, that is they are entitled to do their believe according to their religion or faith;
obtaining spiritual and physical treatment, education and training, health treatment and
proper food, passing on complaint; reading material and following other legal mass media;
wlcoming family visit; lawyer, or other specific persons; reducing sentence, assimilation
and family visiting release and other rights according to the prevailing law.

5. The Role and Function In Prison with a View to:
a. Reducing Recidivism
b. Reducing the Negative Impact of Prison on the Families of Convicted and
Unconvicted Criminal; and
c. Enhancing the Use of Community Corrections

In fine with the meaning that treatment of the offender system is the effort to manifest
social reintegration that is impossible to be achieved if there is no positive interaction
between the offenders and the value system in society. In other word that the effort of the
treatment of offenders will not succeed if the concerned offender lives outside interaction
with the value system in the society.

The creation of that condition is necessary to be accompanied with adjusting effort of
layout pattern of correctional institution according to more specific need and characteristic
of training, so mass training and placing can be avoided, which tends to perform treating
disparity in one institution.

The forms and diversification of prisons function is one of alternative solution needs to be
considered in order to avoid recidivist accumulation. Prison diversification in more specific
forms according to the need of training, level of security, recidivist period, recidivist
characteristic/type, indirectly will eliminate the negative tension and suffering. Specific
form of prison will give us opportunities in accommodating and applying the treatment
forms.

In reducing the negative impact of prison is carrying out by creating the neighbourhood
community in the prison in order to provide civilized community such as the community
outside the prison. This approach is basically to create closed relationships as best
household pattern. In essential, human are insoluble from their families, friends and
communities. Therefore incarceration is not to eliminate a person's independence which
is contradicted with the human nature principles.

Such treatment seems in accordance with Indonesian peoples conditions which consist of
various types of ethnic and culture with the different social conditions. As consequencies
of those different hereinafter the treatment approach that should to refer to various types
of ethnic and culture where the offenders come from.

As expressed on different approach to murder case which background is called "sin" (in
Ujung Pandang region) and "carok" (in Madura region), where they killed to enforce as
custom obligation to family's honour. The effective treatment to this case is by
implementing approach which gather local community to take part in the treatment of
offenders and to create the prison social conditions close to the local community
conditions.

One of the effort to reflect the community conditions inside the prison wall is by providing
the visiting system that accommodate the offenders to make the social reinteraction with
their families and communities. With this visiting system would be expected to create the
social reintegration process and finally would restart honour and confidence to themselves
as the member of families and communities.