Government Regulation On Remission Of Corrupt Remissions Revoked And Canceled By The Supreme Court

Supreme Court (Photo: mahkamahagung.go.id)

JAKARTA - The Supreme Court (MA) revoked and canceled Government Regulation (PP) No. 99 of 2012 concerning the Terms and Procedures for the Implementation of the Rights of Inmates.

Under this rule, perpetrators of criminal acts of corruption, terror, and drugs can get remission but with stricter conditions than other inmates.

"The decision of the HUM (right to judicial review) is granted," was quoted from the Supreme Court's website on Friday, October 29.

This decision was made by the Chairman of the Supandi Assembly, which consisted of Yodi Martono W and Is Sudaryono. Meanwhile, the parties who proposed this material test were Subowo and his friends. They are former village heads and inmates who are currently serving prison terms at the Class IA Sukamiskin Prison, Bandung.

In their consideration, the panel of judges stated that the function of punishment is no longer merely to imprison the perpetrators to be a deterrent but as an effort to rehabilitate and reintegrate socially in line with the restorative justice model.

In addition, they argue that prisoners are not only objects but also subjects who can make mistakes that can be subject to criminal penalties. So that they do not have to be eradicated but what must be eradicated are the factors that cause prisoners to do things that are against the law.

"Based on the correctional philosophy, the formulation of norms contained in the implementing regulations of Law No. 12 of 1995 as implementing technical rules must have a spirit that is in line with the philosophy of correctionalism that strengthens rehabilitation and social reintegration as well as the concept of restorative justice," said the panel's consideration.

With this consideration, the right to obtain remission must be granted without exception, which means that it applies equally to all inmates unless it is revoked based on a court decision.