Kebijakan asimilasi dan integrasi ini diambil untuk mencegah peredaran Covid 19 di dalam Lapas da... more Kebijakan asimilasi dan integrasi ini diambil untuk mencegah peredaran Covid 19 di dalam Lapas dan Rutan di Indonesia. Pada dasarnya yang dilakukan adalah mempercepat pelepasan narapidana yang sebenarnya sudah berhak untuk mendapatkan hak asimilasi dan reintegrasi di talun 2020.
Paparan disampaikan di forum Balitbang HAM, Kemenkumham.
The enactment of Law Number 22 of 2022 concerning Corrections (Pemasyarakatan), which replaces th... more The enactment of Law Number 22 of 2022 concerning Corrections (Pemasyarakatan), which replaces the previous Law Number 12 of 1995, significantly changes the implementation of Correctional functions, mainly the functions carried out by Probation and Parole Offices. If in the 1995 Law Corrections is only referred to as the final part of the Criminal Justice System, the new Law emphasizes the position of Corrections which are more integrated with the entire criminal justice process, so that Correctional functions are carried out at the pre-adjudication, adjudication, and post-adjudication stages. This amendment to the law is also interesting to be studied conceptually, especially to find out what principles are contained in it that form the basis for implementing the functions of Corrections. In line with this, it is also essential to identify what kind of policy changes should be carried out regarding the functions of Probation and Parole Offices in the future with the existence of new principles and differences of provisions in terms of the implementation of corrections functions. By using conceptual analysis methods, particularly policy detection analysis, which is technically carried out in two stages; first, the analysis stage of the content of the law and second, the theoretical coherence analysis stage, this paper comes to two conclusions. First, this paper finds an affirmation of new principles in Law Number 22 of 2022, namely the principle of restorative reintegration, the principle of evidence-based treatments, the principle of individualization, the principle of continuity, and the principle of collaboration. Second, this paper identifies 5 (five) policy changes that need to be made regarding the function of the Probation and Parole Office according to those principles. The policies that must be implemented can be divided into three groups-first, the need for further operationalization of the restorative reintegration concept described by this law. Second, the need for reformulation of various instruments needed in implementing functions, especially social inquiry reports. Third, the need for facilitative strengthening, especially the quantity and quality of probation and parole officers and other facilitative supports.
In this study, the author will explain how efforts to prevent recidivism and encourage former per... more In this study, the author will explain how efforts to prevent recidivism and encourage former perpetrators of terror to desistance from terrorism. The study sought to answer the question: "What is needed to improve the situation of desistance from terrorism?". Researchers will use a triple H (Head, Heart, and Hands) approach to answer the study question. The discussion in this study began with explaining the current conditions of heaven, home, and habit elements, which are based on the findings of the focus group discussion. After knowing and explaining the current condition by finding the root of the problem, the next section of the researcher describes the intervention based on the root of the problem so that the intervention centers on handling and countering current and future conditions. The discussion in this study is also focused on developing a conceptual framework that aims to be a guideline to explain the current conditions for the prevention of recidivism and en...
International Journal of Social Science and Human Research
This study explains findings in the field related to the conditions faced by former terror perpet... more This study explains findings in the field related to the conditions faced by former terror perpetrators after undergoing a period of deradicalization. This study seeks to answer the question, “how is the forecasting of the typology of desistance from terrorism from terrorists who have stopped?” There are new findings related to forecasting conditions or events that can be a catalyst for former terrorists to return to commit acts of terror again. The forecast will include the development of idling mode conditions that tend to be experienced by former terror perpetrators. After idling mode, the catalyst event was found that encourages former terrorists to return to action. This condition is also inseparable from the influence of globalization which has resulted in a lot of information, in which former perpetrators of terror are involved and have a role in the organization of terrorism. On the other hand, there are conditions of former terrorists trapped in ‘dependence states’ of terro...
This work was written as a response to one of the specialist workshops in APPCA 2009, namely, eng... more This work was written as a response to one of the specialist workshops in APPCA 2009, namely, engaging with other criminal justice system agencies to achieve consistency of goals. Its purpose is to give a preview of the Indonesian experience. Please note, that the Indonesian experience in the field of cooperation between correctional systems with other institutions is not limited to work synchronization with police, public prosecutors, courts, and politicians. But, it is still a main issue. Nowadays, this cooperation is expanding, especially after Indonesia’s political reformation in 1998, and including other non-Government stakeholders. This tendency is very strong when Indonesia’s Correctional System is compiling ‘The Reformation Blue Print’ and implementing the program to upgrade the capacity and accountability during 2007-2009. The compiling and substantial process of the Blue Print and other programs indicates the beginning of Indonesia’s Correctional Governance concept. The Go...
Problem of poor children should not stop at the point where children’s family can be blamed from ... more Problem of poor children should not stop at the point where children’s family can be blamed from being poor. The writer argues that the state has to take responsibility due to its duty to provide welfareness to society. However, in reality, the writer also argues there are many government’s policies which contradict and do not really reflect the best interest of children. It is the writer’s intention to see the state provides more pro-children policy so as to be in line with what the state has positioned children as the next generation of society.
Recidivism are repetion of criminal conduct by individuals on his/her life time. The Instrumen Pe... more Recidivism are repetion of criminal conduct by individuals on his/her life time. The Instrumen Penelitian Masyarakat or Litmas which been used by correctional system can only provide qualitative information regarding any offender to be use by judge in order to give sentence. Therefore, the need for quantitative determinant analysis to identify inmates re-offending risk factor emerge. The method use by this research gathering is survey method with inmates from Class I A Cipinang Correctional Facility. The process to analyse and identify risk determinant of an inmate for re-offending can give benefit for rehabilitation process given to the inmates. The findings shonw that drugs and/or alcohol abuse, and also emotional or personality problems are factors that correlate to criminal records
Part of this article were input material for academic paper in renewing the Indonesian Correction... more Part of this article were input material for academic paper in renewing the Indonesian Correctional Law. This efford was conducted in 2009. The main idea of the article is stressing social reintegration as the philosophy of Indonesian corrections (Pemasyarakatan). As a philosophy, Pemasyarakatan first established in 1963-1964 period. The idea of social reintegration in Pemasyarakatan, which is influenced by Bentham and Mills utilitarianism, is not fully mean as a theory for offender treatment in prisons. In practice, the idea of community based correction is compatible with social reintegration. In order to renew the correctional law, some clause in correctional administration are important. In order to achieve the main purpose of social reintegration, whether institutionalized in prison or community based, Pemasyarakatan need appropriate fascilitative support, as well as human resource. The future law need to state the correctional administration explicitly.
On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in... more On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in the number of infections has continued to increase. Likewise, the number of deaths. To anticipate the spread within the Penitentiary (Lapas), the Ministry of Law and Human Rights is releasing prisoners, through accelerating assimilation and parole. Similar policies have also been carried out by other countries in the world and are recommended by international institutions, such as the World Health Organization and the United Nations Office on Drugs and Crimes. However, the main problem behind this policy is the overcrowding condition in Lapas. The number of prisoners and detainees is always increasing, while the capacity of prisons remains. This increase is inseparable from the tendency to criminalize and imprison perpetrators of crimes. Overcrowding is the beginning of various problems in imprisonment institutions. In this paper the focus is given to the poor health problems in imprisonment. As a closed institution, prisons are places that are vulnerable to the spread of infectious diseases. The Covid-19 pandemic only further proves the potential of prisons to be a humanitarian catastrophe.
Kebijakan asimilasi dan integrasi ini diambil untuk mencegah peredaran Covid 19 di dalam Lapas da... more Kebijakan asimilasi dan integrasi ini diambil untuk mencegah peredaran Covid 19 di dalam Lapas dan Rutan di Indonesia. Pada dasarnya yang dilakukan adalah mempercepat pelepasan narapidana yang sebenarnya sudah berhak untuk mendapatkan hak asimilasi dan reintegrasi di talun 2020.
Paparan disampaikan di forum Balitbang HAM, Kemenkumham.
The enactment of Law Number 22 of 2022 concerning Corrections (Pemasyarakatan), which replaces th... more The enactment of Law Number 22 of 2022 concerning Corrections (Pemasyarakatan), which replaces the previous Law Number 12 of 1995, significantly changes the implementation of Correctional functions, mainly the functions carried out by Probation and Parole Offices. If in the 1995 Law Corrections is only referred to as the final part of the Criminal Justice System, the new Law emphasizes the position of Corrections which are more integrated with the entire criminal justice process, so that Correctional functions are carried out at the pre-adjudication, adjudication, and post-adjudication stages. This amendment to the law is also interesting to be studied conceptually, especially to find out what principles are contained in it that form the basis for implementing the functions of Corrections. In line with this, it is also essential to identify what kind of policy changes should be carried out regarding the functions of Probation and Parole Offices in the future with the existence of new principles and differences of provisions in terms of the implementation of corrections functions. By using conceptual analysis methods, particularly policy detection analysis, which is technically carried out in two stages; first, the analysis stage of the content of the law and second, the theoretical coherence analysis stage, this paper comes to two conclusions. First, this paper finds an affirmation of new principles in Law Number 22 of 2022, namely the principle of restorative reintegration, the principle of evidence-based treatments, the principle of individualization, the principle of continuity, and the principle of collaboration. Second, this paper identifies 5 (five) policy changes that need to be made regarding the function of the Probation and Parole Office according to those principles. The policies that must be implemented can be divided into three groups-first, the need for further operationalization of the restorative reintegration concept described by this law. Second, the need for reformulation of various instruments needed in implementing functions, especially social inquiry reports. Third, the need for facilitative strengthening, especially the quantity and quality of probation and parole officers and other facilitative supports.
In this study, the author will explain how efforts to prevent recidivism and encourage former per... more In this study, the author will explain how efforts to prevent recidivism and encourage former perpetrators of terror to desistance from terrorism. The study sought to answer the question: "What is needed to improve the situation of desistance from terrorism?". Researchers will use a triple H (Head, Heart, and Hands) approach to answer the study question. The discussion in this study began with explaining the current conditions of heaven, home, and habit elements, which are based on the findings of the focus group discussion. After knowing and explaining the current condition by finding the root of the problem, the next section of the researcher describes the intervention based on the root of the problem so that the intervention centers on handling and countering current and future conditions. The discussion in this study is also focused on developing a conceptual framework that aims to be a guideline to explain the current conditions for the prevention of recidivism and en...
International Journal of Social Science and Human Research
This study explains findings in the field related to the conditions faced by former terror perpet... more This study explains findings in the field related to the conditions faced by former terror perpetrators after undergoing a period of deradicalization. This study seeks to answer the question, “how is the forecasting of the typology of desistance from terrorism from terrorists who have stopped?” There are new findings related to forecasting conditions or events that can be a catalyst for former terrorists to return to commit acts of terror again. The forecast will include the development of idling mode conditions that tend to be experienced by former terror perpetrators. After idling mode, the catalyst event was found that encourages former terrorists to return to action. This condition is also inseparable from the influence of globalization which has resulted in a lot of information, in which former perpetrators of terror are involved and have a role in the organization of terrorism. On the other hand, there are conditions of former terrorists trapped in ‘dependence states’ of terro...
This work was written as a response to one of the specialist workshops in APPCA 2009, namely, eng... more This work was written as a response to one of the specialist workshops in APPCA 2009, namely, engaging with other criminal justice system agencies to achieve consistency of goals. Its purpose is to give a preview of the Indonesian experience. Please note, that the Indonesian experience in the field of cooperation between correctional systems with other institutions is not limited to work synchronization with police, public prosecutors, courts, and politicians. But, it is still a main issue. Nowadays, this cooperation is expanding, especially after Indonesia’s political reformation in 1998, and including other non-Government stakeholders. This tendency is very strong when Indonesia’s Correctional System is compiling ‘The Reformation Blue Print’ and implementing the program to upgrade the capacity and accountability during 2007-2009. The compiling and substantial process of the Blue Print and other programs indicates the beginning of Indonesia’s Correctional Governance concept. The Go...
Problem of poor children should not stop at the point where children’s family can be blamed from ... more Problem of poor children should not stop at the point where children’s family can be blamed from being poor. The writer argues that the state has to take responsibility due to its duty to provide welfareness to society. However, in reality, the writer also argues there are many government’s policies which contradict and do not really reflect the best interest of children. It is the writer’s intention to see the state provides more pro-children policy so as to be in line with what the state has positioned children as the next generation of society.
Recidivism are repetion of criminal conduct by individuals on his/her life time. The Instrumen Pe... more Recidivism are repetion of criminal conduct by individuals on his/her life time. The Instrumen Penelitian Masyarakat or Litmas which been used by correctional system can only provide qualitative information regarding any offender to be use by judge in order to give sentence. Therefore, the need for quantitative determinant analysis to identify inmates re-offending risk factor emerge. The method use by this research gathering is survey method with inmates from Class I A Cipinang Correctional Facility. The process to analyse and identify risk determinant of an inmate for re-offending can give benefit for rehabilitation process given to the inmates. The findings shonw that drugs and/or alcohol abuse, and also emotional or personality problems are factors that correlate to criminal records
Part of this article were input material for academic paper in renewing the Indonesian Correction... more Part of this article were input material for academic paper in renewing the Indonesian Correctional Law. This efford was conducted in 2009. The main idea of the article is stressing social reintegration as the philosophy of Indonesian corrections (Pemasyarakatan). As a philosophy, Pemasyarakatan first established in 1963-1964 period. The idea of social reintegration in Pemasyarakatan, which is influenced by Bentham and Mills utilitarianism, is not fully mean as a theory for offender treatment in prisons. In practice, the idea of community based correction is compatible with social reintegration. In order to renew the correctional law, some clause in correctional administration are important. In order to achieve the main purpose of social reintegration, whether institutionalized in prison or community based, Pemasyarakatan need appropriate fascilitative support, as well as human resource. The future law need to state the correctional administration explicitly.
On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in... more On March 2, 2020 Indonesia recorded the Covid-19 case for the first time. Since then the trend in the number of infections has continued to increase. Likewise, the number of deaths. To anticipate the spread within the Penitentiary (Lapas), the Ministry of Law and Human Rights is releasing prisoners, through accelerating assimilation and parole. Similar policies have also been carried out by other countries in the world and are recommended by international institutions, such as the World Health Organization and the United Nations Office on Drugs and Crimes. However, the main problem behind this policy is the overcrowding condition in Lapas. The number of prisoners and detainees is always increasing, while the capacity of prisons remains. This increase is inseparable from the tendency to criminalize and imprison perpetrators of crimes. Overcrowding is the beginning of various problems in imprisonment institutions. In this paper the focus is given to the poor health problems in imprisonment. As a closed institution, prisons are places that are vulnerable to the spread of infectious diseases. The Covid-19 pandemic only further proves the potential of prisons to be a humanitarian catastrophe.
In 2015, Indonesia had to face the land and forest fires once again. It comes as a concern that t... more In 2015, Indonesia had to face the land and forest fires once again. It comes as a concern that the land and forest fires happens nearly every year. Various policies have been implemented to prevent fires recurrence and seemed not to be effective at all. The question that comes along is why the fire is always happening? Some research have taken place to answer the question. Including a research which the authors have done in 2016 with the support from Thailand Research Fund. With Riau Province as the case study, the authors concluded the factors which caused the land and forest fires could be divided into structural, cultural, and natural factor. Structural factor is related with the lack of policy from central government and local government in the natural resources management. Decentralization post-reformation is considered contributing in the complexity of this issue, although it does not mean that central government is fully innocent. Historically, a few issues in natural resources management could not be separated with the state policies in the New Order regime. The land and forest ownership for pulp and paper industry also for palm oil plantation is considered as one of the most troubled policies. Cultural factor is related to the daily practice within the communities, where they use the hereditary conventional technology for land clearing that will be used for agriculture and plantation purpose by using fire. However, one thing to be cleared, local communities have discernment in land clearing using fire management from generation to generation. The issues only occur when conventional technology is used by certain parties for the sake of large capital owners in pulp and paper industry also palm oil plantation. Meanwhile the natural factor has more to do with the land condition in Riau province that has peat characteristics. The 'el nino' phenomenon makes peatland even more flammable. One thing that will differentiate this research with some others have done is the perspective used in the analysis. The development of contemporary criminology thoughts sees environmental degradation, including land/forest fire, as a catastrophic phenomenon caused by chaotic factors. This factor spreads in social practices at the micro level to the macro-level policies.
The book is about paradigm in social policy. There are two main paradigm in the development of pa... more The book is about paradigm in social policy. There are two main paradigm in the development of paradigm it self. Both of them are capitalism and socialism. Capitalism suggest market mechanism as base of public policy, prosperity is an individual matter. Capitalism also prefer to make the public services as an economic commodity, and minimalization of state intervention. On the other side, socialism emphasize the active intervention of the state in public policy, and force the state to make social justice or income equality. This research try to find the map of paradigm debate in anti poverty policy development in New Order and after New Order Indonesia. Specially to find the socialistic critics in the middle of capitalism hegemony. The definition of socialism in this research, is not like the concept of etatism state, whichis not accept inividual property and individual initiative. Socialism is a taking side paradigm in policy process, to the interest of society who do not have enough economic and political capital. In this model, states are not dominant, but concictent in fulfilling the right of society to social propeperity.
This book conclude, that the paradigm debate in anti poverty policy development in Indonesia dominated by capitalism paradigm. This domination happen because of the elitist and technocratic policy process. Beside, this domination also caused by the presure of international financial institution, like the International Monetary Fund. This presures make Indonesian government do not have variative policy alternative. More than 30 years of New Order Indonesia, capitalism play dominan role in public policy. This domination still exist in post crisis or reformation era. This capitalism domination all at once become the explanation for the defeat of socialism discources in the development of Indonesia public policy.
Disampaikan di dalam Seminar Nasional Penanganan Hoax dan Upaya Penyediaan Informasi Berkualitas,... more Disampaikan di dalam Seminar Nasional Penanganan Hoax dan Upaya Penyediaan Informasi Berkualitas, FIB UI, 13 Juli 2013
Pendahuluan Setiap kejahatan memunculkan reaksi sosial, baik yang dilakukan secara formal melalui... more Pendahuluan Setiap kejahatan memunculkan reaksi sosial, baik yang dilakukan secara formal melalui sistem peradilan pidana, maupun yang dilakukan secara non formal oleh masyarakat. Pertanyannya, apakah yang mendasari reaksi sosial ini dilakukan oleh negara atau masyarakat? Jawaban atas pertanyaan tersebut akan beragam. Dalam perspektif legal, reaksi sosial dilakukan karena telah terjadi sebuah pelanggaran terhadap peraturan yang di dalamnya ditegaskan larangan serta konsekuensi atas pelanggaran terhadap larangan tersebut. Bagi penganut retaliasi, penghukuman adalah sebuah keharusan moral, sehingga adalah salah apabila penghukuman tidak dilakukan atas sebuah pelanggaran. Dalam perspektif psikologi sosial, reaksi sosial adalah sebuah ekspresi kemarahan atau keinginan untuk melakukan pembalasan terhadap kejahatan yang telah menyakitkan atau merugikan bagi korban. Penghukuman dapat dilihat sebagai sebuah 'reflek sosial' yang muncul secara otomatis. Sementara dalam perspektif utilitarian, penghukuman adalah sebuah upaya memberikan manfaat dalam bentuk pencegahan pengulangan kejahatan, baik yang dilakukan melalui pembentukan rasa takut karena sifat penghukuman yang sejatinya menyakiti, maupun yang dilakukan melalui reformasi perilaku pelanggar. Jawaban tersebut memperlihatkan beragamnya pendasaran dari penghukuman.
Indonesia’s Correctional System (Pemasyarakatan) fundamentally came from one philosophical thinki... more Indonesia’s Correctional System (Pemasyarakatan) fundamentally came from one philosophical thinking that was peculiar and different from modern rationale of imprisonment. Through genealogical analysis to the Document of Lembang Correctional Conference 1964, Indonesian correction has considered crime as a conflict between the offenders and the community. Crime has also been considered as a situation of which a person is left or estranged from the complexity of the society’s life. The responsibility of crime is not on the offenders alone, but on the society as well. Therefore, punishment is not practices that aim to be retributive (revenge), deterrence, or to reform the offenders. Pursuing that further, it is an effort to recover relationship that has been broken due to the crime happening between the offenders and the society, as well as to endorse the community to take part in the reformation effort. The emerge and the development of the Indonesian correctional idea since 1963/1964 period has been providing indication toward reintegration as well as restoration. The idea of shared responsibility between offenders and society is philosophically considering the importance of the sustainable effort in order to achieving a prosperous and peace life in the society. Present paper propose ‘restorative reintegration’ as the philosophy of Pemasyarakatan.
KEBAKARAN Lapas Kelas 1 Tangerang pada 8 September dini hari sangat mengejutkan. Tidak hanya kare... more KEBAKARAN Lapas Kelas 1 Tangerang pada 8 September dini hari sangat mengejutkan. Tidak hanya karena jumlah korban mencapai 41 orang narapidana, namun juga karena kebakaran selama ini lebih banyak berkaitan dengan masalah lain, seperti kerusuhan atau perkelahian
Artikel ini membahas tentang keputusan menteri hukum dan ham tentang percepatan pembebasan narapi... more Artikel ini membahas tentang keputusan menteri hukum dan ham tentang percepatan pembebasan narapidana melalui asimilasi dan PB untuk pencegahan Covid-19
Kondisi lembaga pemasyarakatan (LP) dan rumah tahanan negara (rutan) di Tanah Air saat ini mengal... more Kondisi lembaga pemasyarakatan (LP) dan rumah tahanan negara (rutan) di Tanah Air saat ini mengalami kelebihan penghuni (overload). Kondisi ini tentu membuat LP/rutan menjadi semakin rentan sebagai tempat peredaran Covid-19.
October 10 is World Day against Death Penalty. Indonesia is one of the few remaining countries th... more October 10 is World Day against Death Penalty. Indonesia is one of the few remaining countries that still implements capital punishment. Despite many rejections from various circles, the Indonesian government still believes the death penalty serves as an effective deterrent against crime. In a book, Politik Hukuman Mati di Indonesia (The Politics of Capital Punishment in Indonesia), I wrote that research on the deterrent effect of the death penalty has yet to be conducted in Indonesia. Apart from the lack of empirical data, other arguments and studies around the world have shown the deterrent effect of capital punishment is a myth.
Kasus perkosaan dan pembunuhan terhadap 'Y' (14) sangat mengejutkan publik. Selain karena korban ... more Kasus perkosaan dan pembunuhan terhadap 'Y' (14) sangat mengejutkan publik. Selain karena korban adalah seorang anak perempuan, pelaku yang berjumlah 14 orang umumnya juga berusia anak.
Di awal kemunculan konsepnya, secara ontologis memandang kejahatan sebagai fakta sosial yang tida... more Di awal kemunculan konsepnya, secara ontologis memandang kejahatan sebagai fakta sosial yang tidak semata terjadi karena seseorang memiliki sifat jahat. Kejahatan bukanlah sebuah kualitas individu, namun sebuah kondisi saat seseorang tertinggal atau ditinggalkan dalam kompleksitas kehidupan dan penghidupan. Dengan kata lain, kejahatan terjadi karena kegagalan sosialisasi, disorganisasi sosial, dan adanya tekanan struktural (seperti kemiskinan).
Uploads
Videos by Iqrak Sulhin
Paparan disampaikan di forum Balitbang HAM, Kemenkumham.
Papers by Iqrak Sulhin
Paparan disampaikan di forum Balitbang HAM, Kemenkumham.
This book conclude, that the paradigm debate in anti poverty policy development in Indonesia dominated by capitalism paradigm. This domination happen because of the elitist and technocratic policy process. Beside, this domination also caused by the presure of international financial institution, like the International Monetary Fund. This presures make Indonesian government do not have variative policy alternative. More than 30 years of New Order Indonesia, capitalism play dominan role in public policy. This domination still exist in post crisis or reformation era. This capitalism domination all at once become the explanation for the defeat of socialism discources in the development of Indonesia public policy.