Pemberian Remisi Terhadap Narapidana Tindak Pidana Korupsi (Studi kasus di Lapas Kelas I Medan)

Abstract

Giving remision as one of the forms of the rights for prisoner are having the pros and cons. This remision is considered against the government policy to eliminate corruption in Indonesia. Seeing this passion to give deterrent effect for the convicted corruption case, this new government in Government Regulation No. 99 2012 The second change on Government Regulation No. 32 Year 1999 on Terms and Procedures of Citizen Rights Guidance Regulation is considered better than the previous one. Under this provisions, it has been started that one of the conditions of corrupt prisoners to receive remission is to cooperate with law enforces to solve the criminal case ( Article 34 A Section 1A ). Tightening of giving remission is one of government strategy to give deterrent effect for prisoner after they free from punishment or detention. It is in accordance with the statement that perpetractors will feel the deterrent by excluding the granting of their rights, especially for remission, so that the feeling of saturation and reluctance to repeating his behaviour again. This thesis is written using the normative juridical research method. Empirical juridical approach means that the problem is analyzed by combining the law materials ( whih is secondary data ) with primary data from the field which is related to the implementation of remission. The research was conducted in Prisions Class I Medan. The procedure for collecting data is by interview and study literature. The data that has been collected is analyzed qualitatively, then carefully summarized to obtain the acurate result. Based on the result of the research, can be concluded that form 79 prisoners of corruption in Prisons Tanjung Gusta Medan, only 26 prisoners have ever received remission and 53 prisoners never got a remission. The nonfulfillment of special conditions, such as paying fines, replacement money and not getting a “Justice Collaborator “ letter are the main reasons for corruption prisoner no beeing able to propose remissions. Obtacles in the implementation of remission for corruption prisoners in Prisons Tanjung Gusta Medan, include the difficulty of corruption prisoner fulfill the special requirements of the remission implementation, which is paying fines and replacement mony in accordande with the court decision and the process of remission granting which takes along time.