Jakarta (ANTARA) - Deputy Minister of Law Edward Omar Sharif Hiariej\noutlined the transformation of social rehabilitation in the era of the\nNational Criminal Code (KUHP), which is oriented towards social\nreintegration, where imprisonment becomes the last resort.<\/p>\n
In the era of the new KUHP and KUHAP, the role of social\nrehabilitation becomes central, and its position is on par with the\npolice, prosecutors, judges, and advocates in the integrated convict\njustice system.<\/p>\n
\u201cImprisonment is the last alternative, but this does not mean at all\nthat the workload of social rehabilitation officers disappears. However,\nthe supervisory body\u2019s function becomes central,\u201d said Eddy, the\nfamiliar name for the Deputy Minister of Law, during a national seminar\non social rehabilitation attended online in Jakarta on Wednesday.<\/p>\n
This central role of social rehabilitation is regulated in Law Number\n22 of 2022 on Social Rehabilitation, which explains that the role of\nsocial rehabilitation in the integrated convict justice system begins\nfrom adjudication, during adjudication, and after (post) adjudication.\nThis role is also outlined in the new KUHAP or Law Number 20 of\n2025.<\/p>\n
Article 2 explains that based on the integrated criminal justice\nsystem which emphasises the investigative function on the National\nPolice (Polri), prosecution on prosecutors, judging on judges, advocates\ntasked with balancing criminal cases proportionally and professionally,\nand social rehabilitation supervisors tasked with guiding convicts and\ninmates.<\/p>\n
\u201cSo there is no more such thing as prisons as the final dumping\nground; it\u2019s gone. Everyone is given equal standing; everyone must be\ninvolved from pre-adjudication, adjudication to post-adjudication.\nThat\u2019s why in various derivative regulations related to social\nrehabilitation supervisors, they are always involved, for example,\nsocial rehabilitation supervisors in the restorative justice process,\u201d\nhe explained.<\/p>\n
This central role of social rehabilitation aligns with the social\nreintegration mission in the implementation of the new KUHP and KUHAP.\nWhere possible, imprisonment is avoided, so alternative sentencing is\nprovided in the KUHP.<\/p>\n
The modifications to alternative penalties in the National Criminal\nCode include supervision penalties, community service penalties, and\nfine penalties.<\/p>\n
Eddy explained the reason why the lawmakers made the vision of the\nnew KUHP social reintegration as an affirmation to law enforcement\nofficials and society that sentencing of convicts or inmates is not\nsolely the task of social rehabilitation institutions but a collective\ntask.<\/p>\n
According to him, law enforcement officials, including advocates, are\nready to implement the National Criminal Code. What is concerning is at\nthe societal level, which is not yet ready.<\/p>\n
This concern is due to the mindset that has formed in society. For\nexample, when a victim\u2019s family is asked for comments on the case they\nare facing, they will definitely demand that the perpetrator be punished\nas severely as possible according to what they have done.<\/p>\n
This mindset indicates that society is still using the old paradigm\nof making criminal law a means of revenge.<\/p>\n
Then, the occurrence of repeated criminal acts by inmates or\nrecidivism is also due to the stigma in society. A person who has been\npunished for stealing or deceiving will become the talk of the town in\nsociety until that person dies.<\/p>\n
\u201cWhy is society wrong? As soon as someone gets out of prison, for\nexample, a neighbour becomes the talk of the town, saying don\u2019t\nassociate with that person, he\u2019s an ex-thief, so a kind of stigma is\ngiven until he enters the grave, still branded as a thief and deceiver,\u201d\nsaid Eddy.<\/p>\n
Eddy also conveyed that during his tenure as Deputy Minister of Law\nand Human Rights, in every visit to detention centres, prisons, and\nsocial rehabilitation bodies across Indonesia, he always encouraged the\ninmates that not everyone in prison is always wrong, just as not\neveryone outside prison is good.<\/p>\n
\u201cWhat we convey is that we carry out guidance for inmates with full\nheart. With this new KUHP and KUHAP, the role of social rehabilitation\nwill become central, and this is enshrined in the government regulations\nthat we are preparing,\u201d said Eddy.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/deputy-minister-of-law-outlines-transformation-of-social-rehabilitation-in-the-era-of-the-national-criminal-1778162124", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }