TINJAUAN YURIDIS PENETAPAN JUSTICE COLLABORATOR SEBAGAI SYARAT MENDAPATKAN REMISI BAGI NARAPIDANA MENURUT PERATURAN PEMERINTAH REPUBLIK INDONESIA NOMOR 99 TAHUN 2012 TENTANG SYARAT DAN TATA CARA PELAKSANAAN HAK WARGA BINAAN PEMASYARAKATAN

Abstract

The prisoners with extraordinary crime are not necessarily gain Remission, they need to fulfill the requirements that is willing to cooperate with the law enforcer to unload their criminal case as “Justice Collaborator (JC)â€. JC has to be written by law inforcer institution (or by institution’s determination) based on government regulation number 99 year  2012 about Requirement and Procedures of Prisoners Rights. Tightening of prisoners right in Government Regulation Number 99 Year 2012 considered conflict with Constitution of Republic Indonesia Number 12 Year 1995 about Correctional, consist of discrimination and violate rule/ principle treatment of prisoner in correctional system. Remission is the right of every prisoner according to the Correctional Constitutio. Therefore differences of treatment/ discrimination is not allowed. The suppression is if general requirements are fulfilled in the development process then automatically the Remission can be obtained. In sociological approach, Remisson for prisoners are the instrument which can fix the rift of relationship between prisoner and society or we call it social reintegration. The implementation requirements of Remission right through JC determination first conflict with other constitutions. Explanation and setting JC in Supreme Court circular letter, can not be legal protection for higher regulation such as Government Regulation Number 99 Year 2012 by Constitution of Republic Indonesia Number 12 Year 2011 about Formation of Legislation.

Keywords: Prisoner, Justice Collaboration, Remission