Developing And Implementing Parole Systems In Indonesia

DEVELOPING AND IMPLEMENTING PAROLE SYSTEMS AND COMMUNITY BASED ON SENTENCED

CHAPTER I Introduction

Function of the criminal’s imprisonment that solely aimed to seize the independence become changes in line with the development community and also parallel with the development of various disciplines knowledge’s in certain times dominating and give affects to the purpose of the criminal’s imprisonment. The previous aim intended for retribution, switch to deterrence, rehabilitation, resocialization and the last social reintegration. Reintegration pattern that attentive by most nations in the world in basic principles of treatment more oriented to the community based Corrections.

The view on the effectiveness of the criminal’s imprisonment appears to be related to the empirical results that are measured by the intensity of the incident at the Prisons and Detention Houses. Riot, demonstration and various forms of conflict in the correctional institution will be regarded as evidence of society's poor management in the correctional institution.

Data’s of Security Disturbance and Orderliness in Prison and Detention House in all over Indonesia: I. 1. Data’s of Riots / Demonstrations / Conflicts YEAR

NUMBERS

2004

14

2005

12

2006

25

2007

14

2008

5

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The efforts of the criminal implementation with the correctional system appears to be dealing with the condition that these empirical phenomena to be faced by the Directorate General of Correction of Republic of Indonesia as structural institutions that has tasks in the field of treatment offender against the law in Indonesia. Various efforts, programs and activities have been performed since the idea of renewal penal code and correctional system established 40 years ago.

The progression of correctional should be oriented to the treatment outside of the wall, the partition social wall between the inmates and community. Imprisonment the prisoner’s as much as possible only temporary as the beginning of the correctional process which the emphasis should be built and the treatment oriented are community.

The backgrounds that the treatments are needed for the inmates in Indonesia are: 1. The globalization that affect to the progress and development of communication technology and information are impact on increase the crimes of transnational crime which show various forms of crime, including smuggling and abuse of drug addict, terrorism crime, cyber crime, money laundering, trafficking, illegal logging, white color crime, etc. 2. Instability in economic, political, social, and cultural have impact on the emerging crisis in the various facets of community being, which activate the crime with economic, political, social, and cultural background, that increase that crimes statistic and causing most of the Detention House and Prison no longer be able to accommodate new prisoners. 3. Financial of state in difficult conditions so the government has not been able to meet the needs of development of new Prisons and Detention Centre that will be able to offset the growth of prisoners and detainees numbers which make the Prisons and Detention Centre in over load conditions and crowded. 4. The consequence of overload conditions and crowded make these situations: a). Ranges of control supervision are weak. b). Lack of the services can be given to the inmates and community. c). Lack of enforcement of the human living of inmates.

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d). It is vulnerable occurs the security interference and conflict between each inmates and also conflict between the inmates and the correctional officers. e). It is vulnerable occurs contagious disease that adverse consequence increase the number of sickness and death. f). The emergence of various forms of deviations, misuses and abuse of authority. g). Lack of attention to the implementation of the treatment programs because most resources are concentrated on the interference of security and orderliness. h). The basic rights of inmates and offenders cannot meet the minimum, it can be consider in category breach of human rights structured. i). Parole programs and release with condition programs constrained with administrative requirements, discriminative and those become the source of corruptions. j). Approximately 16 thousand inmates under one year old punishment cannot reach to parole and release with conditional programs, so the inmates must undergo full criminal punishment.

On this paper, will be discussed in more detail about how correctional institution can explore two aspects of punishment which are community based sentences, which is the first effort by the Indonesian government in developing an alternative punishment, so that the judge made the decision in prison as a "final decision". And the second is a scheme of parole (parole), which apply to prisoners who still serve a sentence, and placed them in the community with supervision and monitoring. In the second chapter will be the extent to which the Indonesian government efforts to make optimal guidance for the prisoners, obstacles that are found during the development and leading to the prisoners, and the success of the implementation of Parole in Indonesia.

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CHAPTER II “Front End” Alternatives to Imprisonment

Problem-solving for overcapacity problems in prison is needed, such as restorative justice. In this case, the cooperation between law enforcement (police, prosecutors, judges) in judge the criminal punishment, it must be sustainable, as much as possible avoided a person from imprisonment.

Legal basis for the restorative justice in Indonesian criminal law include: a. Penal Code; •

Article 14a (1): When the judge throw the criminal in prison one year old or criminal confinement (jo article 18 paragraph 3: criminal confinement can not be more than one year four months), then in judge’s decision can order that the imprisonment no need to be done, change with the other punishment.

•

Article 19 jo Article 29: Person who judged criminal confinement must be running a job for him, such as care the prison or work outside the prison, be a part of teaching programs, conducting worship, and others are regulated by law.

•

Article 45, 46, and 47 jo KUHP Article 24 of Act Number 3 year 1997 about Children Jurisdiction: (Special for confinement punishment): Based on the law, for age the child is 8 -18 years. In this case the judges were given the power to determine, if the children do an action: -

Returned to his/her parents, without any criminal punishment.

-

Ordered that the guilty be handed to the government without any criminal punishment, until the child aged 18 years (with the requirements in Article 45 and 46)

-

Or give punishment with the maximum principal criminal reduced third.

Giving judged such as reimbursement to the parents or surrender to the government, not a criminal action, but a provision of the improvement (opvoedende maatregel). Reviewed from the point of Criminal Law Procedural Code, judged decision about that, slightly deviates from this principle of justice

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that says: "When judges have confidence that a defendant has a criminal conduct, the defendant must be punishment". However, the law still gives powers to the judges for not giving sentences for a child under aged 16 years who have committed a crime. Apart from these reasons, it seems to be also a consideration; Prison is not the appropriate place for the provision of punishment for children.

b. Act Number 39 year 1999 about Human Rights and Act Number 23 year 2002 about Child Protection, load significantly in the section: "The arrest, detention or imprisonment in criminal child may only be made in accordance with applicable law and can only be implemented as a last effort (the regulations more operations for the Police) ".

In fact clearly in the legislation of Indonesia, and restorative justice and diversion must be done by law enforcement especially judges. However, in practice it can not walk properly. This is evident from the occurrence of overcapacity in Prison and Detention House.

II.1. Data’s of Inmates and Detainees in Prison and Detention House Year

Numbers 2005

2006

2007

2008

Jan 2009

Detainees

40.764

47.496

54.307

54.628

50.239

Inmates

56.907

69.192

76.525

75.447

73.976

Total

97.671

116.688

130.832

130.075

124.215

Capacity

68.141

70.241

81.384

84.493

84.493

Over

29.530

46.447

49.448

45.582

39.722

Capacity

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CHAPTER III Parole and Other Conditional leave

III.1. The Comprehension

In Correction, there are also efforts to restore the condition of over capacity and development the treatment also guidance the prisoners equally. The understanding of development treatment and guidance in correction field: 1. Assimilation is the process of treatment for Prisoners & Juveniles that put the Prisoners and Juveniles in community life. 2. Parole is the treatment process of Prisoners and Juveniles being outside the correctional facility after undergoing at least 2 / 3 (two thirds) period of his sentences, which judged at least 9 (nine) months sentences. 3. Leave before Release is process of treatment for Prisoners and Juvenile, where they put outside the correctional facility after 2/3 (two thirds) sentences, at least 9 (nine) months they shown the good behave. 4. Conditional Leave is a treatment process outside of the correctional facility for prisoners and juveniles that punish with under 1 (one) year prison, at least already pass 2/3 (two thirds) sentences. 5. Supervision is the step or activity that serves to prevent the occurrence of irregularities assimilation, parole, leave before release, and conditional leave including the evaluation and report of the activities. 6. Guiding to improve the quality of god fearing, intellectual, attitude and behavior, professional, health, physical and spiritual of inmates.

Parole, leave before release, conditional leave conducted by the Head of Prison or the Head Detention House, as follows: 1. For parole, the head of Prison or head of detention house sign the parole letter, then hand over the prisoners to the head of prosecutor and the head of parole and probation office, to conduct the guidance.

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2. If in that region there are no Parole and Probation Office, the prisoners put in other Parole and Probation Office that will give him/her guidance. 3. For leave before release and conditional leave, the head of prisons or detention house sign a letter of leave before release and conditional leave, than hand over the inmates to head of parole and probation who’s leading the guidance. 4. If there is no parole and probation office in that area, the prisoners will be move to other parole and probation office to get guidance.

III.2. Guidance

In Indonesia, there are three steps of guidance, namely: a. The initial stage of which started since he got the status as prisoners, up to 1 / 3 (one third) of his sentences. b. The advanced stage, which consists of two phases: •

First phase (follow up the initial stage) since the end of the initial phase of ups to ½ (half) the criminal.

•

Continued with phase two since the end of the first phase continued up to 2 / 3 (two thirds) sentences.

c. The last guidance, the end-stage conducted since the end of 2/3 (two third) sentences until the end of sentences.1

Official Statement: a. The Initial Stage Talking about the guidance process of criminal system in the penitentiary, the process can be seen from the reception of the very first prisoners enter correctional institution, which begins with the registration process. In Indonesia, although not specifically set about classification and assessment, actually can be fixed to in the initial phase of guidance which includes: a). The period of observation, an environmental research, maximum one (1) month.

1

Government Regulation Number 31 Year 1999 about Guidance and Treatment for Inmates, Chapter II, article 7 and 9

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b). Planning personality development program and self-reliance. c). Implementation

of

the

program

of

the

personality

and

self-reliance.

d). Assessment of the implementation of the first stage of the program. 2

Assessment and evaluation implementation of the initial stage is done by the Correctional Observer Team (TPP – Tim Pengamat Pemasyarakatan) with the elements by officials at the Prison, Parole and Probation Office or other relevant officials, including: a). Suggestions on the form and guidance program in implementing and guiding the correctional systems, b). Assessment the implementation of the program and guiding; and c). Receive complaints and accusations from inmates. At this stage, correctional institution does research and observations of the prisoners to know the social background (including relationships with family, society and environment), cause of commit to a crime, and all things related to the inmates circumstances. With the materials can be planned and carried out the right efforts and develop a positive relationship between the prisoners and the community. 3

b. Advanced Stage Advanced stage, primarily, the implementation phase of the program that has been determined at the outset. The outline of the programs realized in health and medical services, religious programs, education programs, work programs (prison labor and industry).

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These programs are primarily systematic and specific effort directed toward

to correcting the inmates. 5 All of the efforts are involved in every restorative activity with reintegration construction for the prisoners to mediate community as the final goal of the criminal in 2

Government Regulation Number 31 Year 1999 about Guidance and Treatment, Chapter II, article 10 3 See the Decree of Director General of Correction Number K.P.10.13/3/1 date 8 Pebruari 1965 4 See James A. Inciardi, Opcit, hal. 580-590. 5 Charles F. Campbell, “Principles and Prerequisites fro Treatment of Committed Offenders,”in Leonard J.Hippchen (ed), Correctional Classification and Treatment, Compiled by the American Correctional Association (Cincinnati, The W.H.Anderson Company, 1975), hal.117.

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prison. A study, showed that prisoners who are actively making contact with the community more responsive to the program guidance compared with prisoners who are socially isolated. 6 In Indonesia, in the scope of guidance can be divided into two (2) areas, namely: 1. Development of Personality, which includes awareness of religious guidance, awareness of the nation and state, of intellectual ability (intellect), awareness of legal guidance and integrate themself with society. 2. Development of Independence, which included skills training, agriculture and industry and the activities developed in accordance with their respective talents (hobby). 7 When linked with the goals of the correctional program, the personality program is very closely related to the recovery effort and the relationship of living the life of prisoners with society. While the independence program is very closely related with the recovery efforts of prisoners relations (relations with the prisoners work). 8 Experience working in a prison regularly, could be useful as preparation looking a work after release and can adapt to working conditions in the outside wall. 9 Selection in the transition phase is quite important comparison with the previous stages, because this is the stage when the prison must make a bold introduction the prisoner to the public or assimilation. At this stage, prisoners can be placed on open prison (open camp) for outside activity program Introduction to open camp as one of the guidance programs is through assimilation. There are 5 Open Prison in Indonesia (West Sumatra, DKI Jakarta, Central Java, Nusa Tenggara Barat dan Nusa Tenggara Timur).

Implementation of the Guidance Programs Development of personality in Prison not run in structured and equitable, because of there is no systematic mental spiritual program, there are only lecture-lecture held for the 6

Blake McKelvey, American Prisons , Patterson Smith, Montclair, N.J, 1977, hal.369. See the Decree of Ministry of Justice Number: M.02-PK.04.10 year 1990 about The Guidance Pattern for Inmates and Offenders. 8 40 Tahun Pemasyarakatan, Mengukir Citra Profesionalisme, Ditjenpas, Jakarta, 2004, hal. 47 9 Home Office, Custody, Care and Justice : The Way Ahead for the Prison Service in England and Wales, Cm 1647, London, HMSO, 1991, hal.78 7

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religion of Islam on Friday when the Friday sermon, and only one day for Christian at the church, and this-was not followed by all the prisoners, only for the inmates who really wanted. Similarly, in terms of awareness of the nation and state, they do not have special guidance who organized the program. Intellectual ability program, including reading and writing, in officially does not exist. Development of independence in the form of skills working at the research not running properly, the convict is not given the skills of guidance, they are busy with daily work routine, with the division of their respective duties, some clean the block, room and office, the other help the employees in the office, kitchen, room and policlinic. In the implementation of these activities found a number of constraints such as poor facilities and lack of infrastructure inverted proportionate to the number of prison population (over capacity). This situation cause all the inmates has no same opportunity to attend the event. In addition, knowledge about the concept of community-based corrections in practice, is still traditional, defined as family visits, community members and activities on the assimilation stage and integration.

c. The End Stage (Integration) Although the concept of community-based corrections is basically become foundation of all the activities of the prison, but the concept is fully realized in the final stage (integration) that really made outside the walls of prison (non institutional treatment) through parole. Here is a successfully example, a case study on LAPAS Merauke - Papua, per December 2008.

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1. Vocational Training / Workshop

Computer Course

2. Art and Exercise

Computer Course 11

3. Studying

5. Worship with community 4. Radio Show, once per two month

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6. Wood Craft

7. Assimilation Agriculture

13

9. Cow Farm

10. Prison Computer Servis

11. Women Activitiest

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12. Assimilation Clean The City

13. Prison Parade dan and Exhibition

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III.3. Treatment

1. Treatment for the prisoners who get a Parole (PB), or Conditional leave (CB), Leave before Release (CMB) made by Social Guider. 2. Social Guider is compelled to accompany the client, make home visits (home visit), visit a work place or school. 3. The Society regularly required making report of the correctional clients’ development guiding. 4. Head of parole and probation officer must make the closure letter of counseling correctional clients who completed the PB, CB, or CMB.

Example calculation 1 / 3, 1 / 2 and 2 / 3 the sentences, detention is not lost: Name

: M. SARJU

Age

: 25 years

Sex

: Male

Religion

: Islam

No. Register : BI.310/D2004 Things

: Counterfeit / 245 Criminal Code

Criminal

: 3 Year

Court

: District Court, No. 145/PID.B/2005/PN date 30 - 01 - 2006

Arrested since date: 28 - 08 - 2005

Remission earned: General Remission in 2006

= 1 month

Special Year 2006 Remission

= 1 month

General Remission 2007

= around 3 months

Total Remission

= 5 months

a. Calculation of 1/3 Sentences 1 / 3 X (length of sentences -remission) Sentences

= 3 years 0 month 0 day

Total of remission 5 year = 0 year 5 month 0 day (-)

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The remaining sentence = 2 years 7 months 0 hr 1 / 3 of the sentences

= 1 / 3 X 2 years 7 months 0 day = 10 months 10 days

Date 1/ 3 of Sentences

= 28 - 08 - 2005 + 10 months 10 days = date 04 - 07 - 2006

b. Calculation of 1/2 sentences Sentences

= 3 years 0 month 0 day

Total Remission

= 0 year 5 months 0 day (-)

The remaining sentences = 2 years 7 months 0 day 1 / 2 sentences

= 1 / 2 x 2 years 7 months 0 day = 1 year 3 months 15 days

Date of 1 / 2 sentences

= date. 28 - 08 - 2005 + 1 year 3 months 15 days = date 11 – 12 - 2006

c. The calculation of 2 / 3 The Criminal Sentences

= 3 years 0 bl 0 hr

Total of remission

= 0 year 5 months 0 day (-)

The remaining sentences

= 2 years 7 months 0 day

2 / 3 sentences

= 2 / 3 x 2 years 7 months 0 day = 1 year 8 months 20 days

date of 2 / 3 sentences

= date 28 - 0 8 - 2005 + 1 year 8 months 20 hr = date 15 - 05 - 2007

The following data indicate that the activities of such assimilation, parole, leave before release and leave visiting family which is the indicator of the implementation of community-based corrections show increase in Indonesia, per year 2007, 2008 and until June 2009.

III.3.a. Data’s of Inmates and Juvenile who got Parole January – December 2007

January – December 2008

January – June 2009

9.308 people

16.728 people

11.840 people

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III.3.b. Data’s of Inmates and Juveniles who got Assimilation, Leave Visiting Family (CMK), Leave before Release (CMB) and Conditional Leave (CB) Year

Assimilation

CMK

CMB

CB

Jan – Dec 2007

1.168 people

254 people

2.044 people

1.962 people

Jan – Dec 2008

1.040 people

72 people

3.206 people

12.892 people

Jan - Jun 2009

772 people

64 people

180 people

3.901 people

One form of concrete treatment have done through activities that involve communities, both the prisoners included in activities around the community in correctional institution area or in the form of visits by community to correctional institution. Active participation of community should be developed and raised all the possibilities in significantly, correctional officers must be able to actively support all elements of society which coordinated and directed to support the efforts to restore unity of the relationship between the prisoners and the community. Referring to Erving Goffman called the function that the correctional institution as a "social hybrid" (as a residential community and formal organizations) to meet the needs of prisoners as well as personnel agencies, Director General of Human Rights, Harkristuti Harkrisnowo identifies that there will always be tension between the two interest different groups, in one of the administrators who want to institute orderly condition and that "secure", while in the other hand, the prisoners feel as a group inferior, weak and innocent, felt it necessary to maintain "in the group feeling" them. This condition is indicated as one of the causes development activities not running, particularly activities of a community-based.

III.4. Parole revocation, Leave before Release and Conditional Leave

1. Parole, leave before release or conditional leave may be revoked if the parole prisoners repeat a crime, causes unrest in the society, violates the conditions of parole, leave before release, conditional leave.

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2. If during the period of parole, leave before release, conditional leave, prisoners are examined by the investigators related with the crime that occurred before the prisoners got the punishment, the leading still running properly. 3. If the examination in the number (2) and continued with the detention so the parole, leave before release, or conditional release suspended until the legal process is completed. 4. Suspension of parole made by the Director General of Correction upon the suggestion from Head of Parole and Probation Office. 5. Suspension of leave before release or conditional leave by the Head Regional Office of Ministry of Law and Human Rights.

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CHAPTER IV Organizational Structure

IV.1. Organizational Structure by Correctional Institution

In organizational, the entire tasks that related with guidance and treatment for inmates must be done by Directorate General of Correction, Ministry of Law and Human Rights Republic of Indonesia. In practice, the cooperation between Head of Prison, Head of Detention House, Head of Parole and Probation Office are needed. Views things must be concerned by this third parties are: 1) Head of Section, Head of Sub-section in Prisons and Detention House who handle the guidance and treatment program have obligation to make a book that contains of the calculation of 1/3, 1/2, and 2/3 phase of sentences, and with the calculation, we can make plan for integrations programs through Parole, Conditional Leave and Leave Before Release. 2) Head of Prisons and Head of Detention House have responsible that proposal of Parole, Conditional Leave, and Leave before Release is given to all inmates and Juvenile who have qualified in substantive and administrative, no discrimination, and prohibit the wild-tax levies in process of Parole, Conditional Leave, and Leave Before Release Proposal. 3) Head of Prison and Head of Detention Centre obliged to complete the administrative requirements early and establish a harmonious cooperation with related institutions (Head parole and probation office, Attorney General (Prosecutor), Local Government, Head of Immigration, the Consulate General for foreign prisoners). 4) Head of Parole and Probation Office must immediately fill the Correctional Research that request by Head of Prisons and Head of Detention House, and empowering in maximal the role of Social Guider in Parole and Probation Office, Prison and Detention House. 5) Head of Parole and Probation Office has responsible on fulfill Correctional Research, also perform supervision of the Social Guider in making Correctional Research, so in doing their job they don’t ask any fees from inmates and their family.

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6) The Social Guider in Parole and Probation Office must work together with the related parties so that the initial information (primary data) of Inmates or Juvenile who gets proposed on Parole, Leave before Release and Conditional Leave get fulfill and the Correctional Research can be done as soon as possible.

IV.2. Organizational Structure by Other Department / Institution

The organization outside Correctional Institutions who associated with Correctional Institution, in guidance the prisoners to serve the sentences in the community is Ministry of Social Affair, Directorate General of Social and Rehabilitation Services. But not all task done by Ministry of Social Affairs, the major line and guiding development still done by the Correctional Institution under the Ministry of Law and Human Rights. Ministry of Social Affairs, in this case the official called Social Workers, the duty to conduct the children who dealing with the law. The duties are to guide, assist, and supervise the Juvenile based on the Court Decision submitted to the Ministry of Social Affairs to get education, guidance and job training. And in running the tasks, from Social Workers must coordinate with the Social Guider of Parole and Probation Office. Reports from the guidance, assistance and treatment of the juvenile shall be submitted to the Parole and Probation Office.

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CHAPTER V Probation and parole / community correction officers

The guidance for inmates and juveniles, conducted by Parole and Probation Office. Parole and probation located in each capital city and regency, the branch of Parole and Probation Office located in each district administration. And guiding correctional clients conducted by the Social Guider.

The Social Guider has tasks: a. Sociological Research. Social research carried out by Social Guider, has purposes for: 1) Social Research for District Court: as consideration for the judges in get the decision. 2) Correctional Research in Prison: as material for determination program development for Inmates and Juvenile in Prison. 3) Correctional Researh in Detention House: as material for inmates’ treatment. 4) Other institutions: such as Ministry of Industry, Ministry of Labor, etc., that will be used for the provision of services, such as serve a sentence with Vocational Training, according to agency needs. b. Implement guidance and supervision of social work for the correctional client. c. Coordinate social workers and voluntary workers who carry out the task of guidance. d. Conducting supervision of children, who get criminal supervision, submitted to the parent / guardian / fosters parents who were given the task of counseling. e. Attending the correctional observer team meeting (TPP – Tim Pengamat Pemasyarakatan) . Correctional observer team is a team or board with tasked to assist the Head of Parole and Probation Office in implementing the guidance of correctional clients. The team consists of Social Guider, Structural officials appointed, from the Social Worker or other Social Organization, and Expert is required. At its core, the task of correctional observer team preparing the plans at the first stage of the counseling program,

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advanced, and the end of the assessment and implementation the guidance and treatment program. f. Following the child trial court to give an explanation, suggestions, as considerations material for judges, based on the social research.

In Indonesia, the criteria a person can be appointed as a Social Guider are: a. Civil officers who graduates at least: 1) Vocational High School in Social Worker field; 2) Public High School or other Vocational High School; b. have work experience as the Assistant of Social Guider in accordance with the Decree of the local Head of Parole and Probation Office for graduates: 1) Vocational High School in Social Worker field experienced at least 1 (one) year; 2) Public High School or other Vocational High School experienced at least three (3) years; 3) For Academy graduates experienced at least two (2) years; 4) For the Under Graduates experienced at least 1 (one) year; 5) For graduate from Correction Academy and Under Graduate of Social Works have exception, they can be as Social Guider without work experience. c. healthy in physical and spiritual d. and have any interest, attention and dedication in the field of social welfare;

There are 70 Parole and Probation Offices in all over Indonesia with total of Social Guider with training and education background are: (Data’s per-May 2009) EDUCATION BACKGROUND Number of Employ ees

888

Social Guider

538

Assistan t of Social Guider

79

Non Social Guider

271

TECHNICAL TRAINING

Post Gra dua te

Unde r Grad uate

Academ y/ Correcti on Academ y

Non Acade my

Course of Social Work / BAPAS

Profesio nal Social Work Training

Couns eling Traini ng

Never get Traini ng

43

397

50

426

235

77

53

435

Seen from the wide range of work, overload work and the number of Social Guider, it is not comparable with the total number of inmates, both in terms of quality and quantity 23

far from ideal-, the Directorate General of Correction attempt to find a way out of this problem. 1) Increase the number of Social Guider in Prison/Detention House/and Branch of Detention House, which working areas not reached by Parole and Probation Office, it must be the proposal and suggestion from those Prison/Detention House/branch of Detention House; 2) In case of raising Social Guider in Prison/Detention House/branch of Detention House, Head of Prison/Detention House/branch of Detention House should coordinate with the Head Parole and Probation Office; 3) Social Guider in Prison/Detention House/branch of Detention House is responsible to the Head of Parole and Probation Office, must make a report on the implementation of its tasks (making social and correctional research, treatment and guiding, and others) to the Head of Parole and Probation Office; 4) Social Guider in making Social Research Society to help the investigator, public prosecutor, the judge in the case of Juvenile and task of guiding the implementation, financing by Parole and Probation Office; 5) Prison/Detention House/ branch of Detention House provide a room for Social Guider in carrying out their duties. The steps taken above have made a lot of Parole and Probation Office’ performance, as the Technical Operating Units in the field of treatment and guidance outside Prison, become more efficient in terms of cost and effort.

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CHAPTER VI What works and What Does Not Work?

Ada beberapa hal yang menjadi catatan dalam pembinaan yang berbasis masyarakat di LAPAS dan RUTAN, antara lain: 1.

Implementation of guidance and treatment in Prison and Detention House running regularly only on the activities of the personality that is dominated by religious activities in the field, while other activities but does not work consistently across the Prison and Detention House in over Indonesia.

2. Activities based on community, in generally, also can be seen only from the religious activities, in form of religious visits by social organizations or other religious activities. 3. Assimilation program, leave in visiting the family, leave before release and Parole has increased each year, and we expected that with development of human resources in both quality and quantity, the programs can be increase. 4. Besides problems of bureaucracy and the technical requirements to be a substantive obstacle, lack of adequate funding support as a cause major the activities of community based can not done well. 5. The lack of funding support for activities based on community has potential the bad relationship between officers and prisoners.

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6. Directorate General of Correction, now in the effort to: open the opportunity to the broadest community to participate in development activities in Prison and Detention House. 7. There is an effort to simplify the bureaucratic procedures on activities of communitybased corrections, such as, procedure of visits prisoners, Assimilation, Leave to visit the Family, Leave before Release and Parole. 8. Understanding the Assessment and Classification at the beginning stage of the prisoners (admission, orientation and observation) as the basis guidance for the prisoners still not well understood by all staff in the field of correction, therefore, Indonesia need to train correctional officers about it. 9. Optimalization the role of correctional observer team (TPP) in the Prison and Detention House to determine development program and evaluation of the prisoners. 10. Return the function of Open Prison to take care the assimilation activities for prisoners, because in fact the Open Prison has not been used well by Correctional Institutions in Indonesia.

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