DISCUSSION ABOUT GRANTING THE RIGHT TO REDUCE SENTENCES TO PRISONERS FROM A JUSTICE PERSPECTIVE
Abstract
Giving right subtraction punishment to prisoners , such as remission , assimilation ,
and release conditional , is part from system socialization that aims support the
coaching and reintegration process social . However , the policy the often cause
debate Because considered potential contradictory with interests of victims and a
sense of justice community . Research This aim For analyze arrangement right
subtraction punishment in system Indonesian law and study legitimacy his gift from
perspective theory criminalization , theory rights , theory justice and rights basic
human . Research use method law normative with approach statute approach and
legal approach conceptual ( conceptual approach ). Legal materials used consists of
on regulation legislation , literature , journals scientific and doctrinal relevant laws .
Research results show that subtraction punishment own base strong juridical in
system Indonesian correctional system and is right law prisoners who were given as
part from the coaching process . From the perspective theory punishment , reduction
punishment No delete accountability criminal , but rather support objective
rehabilitation and reintegration social . From the perspective justice and rights basic
human , policy the must implemented in a way proportional with still notice interests
of victims and a sense of justice community . Research This offer the concept of the
Balanced Justice Reduction Model, namely the model of giving subtraction balancing
punishment objective criminalization , protection right basic human rights prisoners
, victims' interests , and sense of justice society . This model expected can become
runway development policy more socialization fair , humane , and sustainable .