Научная статья на тему 'THE EFFECTIVENESS OF MANDATORY WORK COACHING FOR CORRECTIONAL FOSTERED INMATES PLACED IN STATE DETENTION CENTERS'

THE EFFECTIVENESS OF MANDATORY WORK COACHING FOR CORRECTIONAL FOSTERED INMATES PLACED IN STATE DETENTION CENTERS Текст научной статьи по специальности «Языкознание и литературоведение»

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Work Coaching / Correctional Fostered Inmates / Detention Center

Аннотация научной статьи по языкознанию и литературоведению, автор научной работы — Ni Komang Arini Styawati Sh., M. Hum, I. Ketut Kasta Arya Wijaya, M. Hum, I. Made Arjaya

Correctional Institutions function to provide guidance to its fostered inmates (convicts, assisted inmates and clients). Convicts refer to those who are serving prison sentences that already have permanent legal force ( inkriacht ). In reality, however, ther e are many convicts who are placed in State Detention Centers ( Rutan ) to serve their criminal terms with a coaching process and compulsory work. This is due to the condition of prisons that are overload . In the Province of Bali, one of the detention center s whose function has been transferred to prisons is Rutan Kelas IIB Bangli, so its duties are increased to provide coaching to convicts. Principally the function of the detention center is to provide services and c are for detainees who a re undergoing the judicial process. The ineffectiveness of the detention center to serve as a place for coaching is that it potentially disrupts the coaching process for prisoners. The legal issues are: how effective is the coaching for prisoners in the Ru tan Kelas IIB Ban gli? What are the rights and obligations of work for correctional fostered inmates in the Rutan Kelas IIB Bangli? This study uses an empirical legal research method with a sociological approach. The primary data sour ce is interviews and th e secondary data source is library research. Conclusion: Coaching of correctional fostered inmates by the Rutan Kelas IIB Bangli administrators is able to be implemented effectively because it is carried out persuasively through work , spiritual, and other forms of coaching . In terms of rights and obligations, correctional fostered inmates are obliged to do work according to their talents/expertise, and they are entitled to compensation in the form of sentence reduction.

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Текст научной работы на тему «THE EFFECTIVENESS OF MANDATORY WORK COACHING FOR CORRECTIONAL FOSTERED INMATES PLACED IN STATE DETENTION CENTERS»

THE EFFECTIVENESS OF MANDATORY WORK COACHING FOR CORRECTIONAL FOSTERED INMATES PLACED IN STATE DETENTION

CENTERS

DR. NI KOMANG ARINI STYAWATI, SH. M. HUM1 DR. I. KETUT KASTA ARYA WIJAYA, SH. M. HUM2 DR. I. MADE ARJAYA, SH. MH.3LUH PUTU ARMONY PERTAMAWATI4

kastaaryawijaya@gmail.com arinistyawati@gmail.com 123Lecturer of Faculty of law Warmadewa University and Master of Law Postgraduate Program 4Students of the Master's Postgraduate Program in Law, Warmadewa University

Abstract- Correctional Institutions function to provide guidance to its fostered inmates (convicts, assisted inmates and clients). Convicts refer to those who are serving prison sentences that already have permanent legal force (inkriacht). In reality, however, there are many convicts who are placed in State Detention Centers (Rutan) to serve their criminal terms with a coaching process and compulsory work. This is due to the condition of prisons that are overload. In the Province of Bali, one of the detention centers whose function has been transferred to prisons is Rutan Kelas IIB Bangli, so its duties are increased - to provide coaching to convicts. Principally the function of the detention center is to provide services and care for detainees who are undergoing the judicial process. The ineffectiveness of the detention center to serve as a place for coaching is that it potentially disrupts the coaching process for prisoners. The legal issues are: how effective is the coaching for prisoners in the Rutan Kelas IIB Bangli? What are the rights and obligations of work for correctional fostered inmates in the Rutan Kelas IIB Bangli? This study uses an empirical legal research method with a sociological approach. The primary data source is interviews and the secondary data source is library research. Conclusion: Coaching of correctional fostered inmates by the Rutan Kelas IIB Bangli administrators is able to be implemented effectively because it is carried out persuasively through work, spiritual, and other forms of coaching. In terms of rights and obligations, correctional fostered inmates are obliged to do work according to their talents/expertise, and they are entitled to compensation in the form of sentence reduction.

Keywords: Work Coaching, Correctional Fostered Inmates, Detention Center

INTRODUCTION

Indonesia is a state of law, all actions must be based on applicable laws, so if there is an act that deviates from the applicable legal rules, it can result in sanctions for the perpetrator. If a perpetrator of a crime has gone through the court process and is proven to have committed criminal acts, he or she shall receive legal sanctions according to their actions, including, but not limited to, imprisonment. Prison is a building that functions as a place to confine convicts, a jail, a correctional institution [1]. Thus, the purpose of imprisonment is to provide a deterrent effect for those who have committed crimes or violated the rules of law.

When viewed from the history of imprisonment in Indonesia before the independence of the Republic of Indonesia, the punishment for Indonesian citizens included work punishment, fines and death penalty. Meanwhile, the criminal law for European citizens was the revocation of independence (imprisonment and confinement). Labor punishment for Indonesian citizens was divided into two - forced labor and employment. The duration of forced labor was more than 5 (five) years and was done in chains, but the one that was less than 5 (five) years was without chains. Criminal terms under 1 (one) year were referred to as "employed", and those under 3 (three) months were called "krakal". As a result, the convicts' health conditions were so deplorable

that an escape attempt occurred. Therefore, the term prison as a form of sanction for those who had violated the law to provide a deterrent effect for perpetrators was a terrible term.

Based on the condition explained above, the term 'pemasyarakatan (correction)' emerged. The term was first coined by Sahardjo on April 27, 1964. The term 'correction' was standardized as a substitute for imprisonment. Correction at the conference was declared as a system of embodiment of justice which aims to achieve social reintegration or the restoration of the unity of life relationships, life and livelihood of Correctional Fostered Inmates (Warga Binaan Pemasyarakatan or WBP) in society. Correction as a punishment for correctional fostered inmates uses a social rehabilitation and reintegration approach. For the State of Indonesia which is based on Pancasila, thoughts regarding the function of punishment are no longer just deterrence, but also an effort to socially rehabilitate and reintegrate correctional fostered inmates that have been established with a system of treatment for lawbreakers in Indonesia which is called the Correctional System [2].

Corrections are the final part of the justice system in Indonesia. At this stage, it does not function to provide justice but rather to provide guidance and protection to prepare its target members to return to society. Therefore, the term 'imprisonment' which is synonymous with punishment and revenge for actions having been committed by a person which causes that person to sit in a prison chair is expected to create a deterrent effect. Now, the concept of imprisonment has changed to Correctionalism, a punishment that upholds Human Rights which aims to socialize people who have committed crimes, because in essence they are just lost people who are not too late to repent. Correction is a punishment system that has abandoned the concepts of retribution, deterrence, and resocialization.

In subsequent developments, the implementation of the correctional system became more stable, especially with the issuance of Law Number 12 of 1995 concerning Corrections which was later replaced by Law Number 22 of 2022 concerning Corrections. Article 1 of the said law reads "Prison is a subsystem of criminal justice that organizes law enforcement in the field of treatment of prisoners, children and inmates". With the existence of this Correctional Law, efforts to realize the vision of the correctional system as an order regarding the direction, boundaries and methods of fostering correctional fostered inmates based on Pancasila will become effective. These efforts are carried out in an integrated manner between the coaches, the coached and the community to improve the quality of correctional fostered inmates so that they are aware of their mistakes, improve themselves, and do not repeat criminal acts so they can be accepted back into society, can play an active role in development, and can live normally as good and responsible citizens. Function of prisons is as an institution or place that carries out the function of coaching convicts. Coaching is an activity organized to improve the quality of personality and independence of Prisoners and Assisted Children [3].

The purpose of the correctional system is to provide guarantees for the protection of the rights of prisoners and children and to improve the quality of personality and independence of prisoners so that they are aware of their mistakes, improve themselves, and do not repeat crimes, until they can be accepted back into society, can live normally as citizens who are of good conduct, obey the law, are responsible and can play an active role in development; in addition, the purpose of corrections is to provide protection to the community from repetition of criminal acts.

According to Article 35 paragraph (1) of Law Number 22/2022, coaching for convicts shall be carried out by correctional facilities. However, in reality, there are many convicts who are eventually placed in the State Detention Center (Rutan) to serve their sentence. This is due to the condition of prisons which are overload and also in some cities/districts prisons are still not available. Based on one the of data sources, [2], accessed on 18 March 2022, prison inmates in Indonesia have indicated that prison conditions are experiencing overload. The impact of this condition is the coaching program for prisoners in correctional institutions becomes ineffective due to limited facilities, funding, and the number of in-charge officers. One of the detention centers that has been designated as a transfer function from prisons is the Rutan Kelas IIB Bangli.

Therefore, the implementation of fostering prisoners is also borne by the detention center, even though the actual task and function is to provide services and care for prisoners. As a result, the duties of the detention center have increased, that is to say, in addition to providing services and care to detainees, it also provides guidance to convicts, a duty that must be executed by prisons [4].

Implementation of coaching by the prison management for prisoners does not seem to be fully running according to what is mandated in the laws and regulations regarding Prisoners' Coaching. It is because the function of the detention center is actually a place of service and care for detainees, that is, suspects and defendants who are still in the judicial process such as investigations, prosecutions, and examinations at court hearings (as stipulated in the provisions of Article 1 number 16 of Law Number 22/2022 concerning Corrections). The ineffectiveness of the detention center as a place for coaching becomes a problem that can interfere with the process of coaching prisoners, which of course is caused by various factors. This will have an impact on the convicts themselves or the environment they live in, and also the goals of the coaching itself will not be achieved.

Based on the description above, the legal issues examined in this study are: how effective is the coaching for prisoners in the Rutan Kelas IIB Bangli? What are the rights and obligations of work for correctional fostered inmates in the Rutan Kelas IIB Bangli?

RESEARCH METHOD

This research is an empirical legal research with a sociological approach and a statute approach. Empirical legal research refers to reality because there is a gap between what is ideal in laws and regulations (das solen) and how legal facts or reality are on the ground (das sein) [5]. The primary data for this research were collected through field research by conducting interviews with informants and distributing a list of questions for respondents selected by purposive sampling. Secondary data were collected through library research, which are laws and regulations, books and relevant scientific/journal works, dictionaries, and websites [6]. This research was conducted at the Rutan Kelas IIB Bangli. The reason for choosing the location for the Rutan Kelas IIB Bangli is because the problem that is the subject of the study is a real problem that has occurred in the detention center, whose function has now been transferred to being a place of coaching for correctional fostered inmates. The entire data collected were processed and analyzed qualitatively, by classifying and systematically compiling the data. The results of data analysis are presented descriptively to accurately describe the situation and the relationship between a phenomenon and other phenomena.

RESULTS AND DISCUSSION I.The Profile of Rutan Kelas IIB Bangli

Rutan Kelas IIB Bangli was established in 1940 on Jalan Lettu Anom, Kawan Village, Kawan Subdistrict, Bangli Regency which was then moved to Jalan Merdeka No. 95 Bangli in 1980 with an area of 19,365 m2 and additional proceeds from land roeslag with the Regional Government of Bangli covering an area of 1,270 m2, so the total area becomes 20,365 m2. However, only 3,013 m2 is used as a building site in the form of office buildings and residential blocks, while the rest of the land is used as a means of coaching the personality and independence of prisoners.

In terms of the organizational structure, Rutan Kelas IIB Bangli is led by a Head of the State Detention Center who oversees 3 sub-sections namely the Head of the Security Unit Sub-Section, the Head of the Detention Service Sub-Section, and the Head of the Management Sub-Section. The three sub-sections in question are: a.Security Unit Sub-Section

The Security Unit is a sub-section that has the task of overseeing security and order in the detention center, supervising fostered inmates' activities, searching and inventorying security infrastructure, including weapons and search equipment, with the assistance of 4 teams of security

officers with a respective strength of 6 personnel and 9 security staff members in the field of security and picket control including security officers for women's residential blocks.

b.Detention Service Sub-Section

This section has the main duties and functions of providing services and care to detainees at the detention center with the task of registering detainees, providing health services and coaching.

c.Management Sub-Section

This section has the main duties and functions of managing infrastructure facilities in the detention center, including management of human resources (staff), finance, buildings and administrative correspondence.

Rutan Kelas IIB Bangli consists of 62 employees, which are divided into 31 administrative staff and 31 officers/members on guard. Fostered inmates numbered 369 people as of February 1, 2023, who were placed in the male-only residential blocks and the female-only residential blocks. Detention center is a place of technical implementation in the field of detention for the purposes of investigation, prosecution and examination in court. So, the detention center is a place for prisoners who are still in legal proceedings or have not received incracht. However, based on data on the daily inmates of the Rutan Kelas IIB Bangli as of 1 February 2023, almost 75% of the detention center is filled with convicts, as explained in Table 1.

Table 1

List of Inmates of Rutan Kelas IIB Bangli

As shown in Table 1, Rutan Kelas IIB Bangli as of February 1 2023 was inhabited by 369 inmates, consisting of 276 convicts and 93 detainees. So, the detention center that should be inhabited by detainees is actually inhabited by more convicts. As a result, the officers tend to take care of coaching prisoners more than taking care of prisoners who are their duty [7].

2. The Effectiveness of Coaching for Correctional Fostered Inmates in Rutan Kelas IIB Bangli

The effectiveness of law is derived from the Effectiveness of the Legal Theory. Hans Kelsen defines the effectiveness of law according to whether people actually act in a way to avoid sanctions threatened by legal norms or not, and whether these sanctions are properly implemented if the conditions are met or not met. The concept of effectiveness in Hans Kelsen's definition is focused on the subject and sanctions. The subject who implements it is a person or legal entity. These people must carry out the law in accordance with the contents of legal norms. For those who are subject to sanctions, it is about whether the sanctions are properly implemented or not [8].

Effectiveness, according to Sondang P. Siagian, is the use of resources, facilities and infrastructure in a certain amount that is consciously determined beforehand [9]. Effectiveness depicts the entire cycle of inputs, processes and outputs that refer to the results of an organization, programs and activities that state the goals of achieving their targets. This means that the notion of effectiveness that matters is solely regarding the desired result or goal [10]. Effectiveness shows success in terms of whether or not the targets have been achieved. If the results of an activity are closer to the target, it indicates the effectiveness is higher [11].

In this section, the effectiveness of coaching for Correctional Inmates in Rutan Kelas IIB Bangli is highlighted. Based on the policy of the Indonesian Ministry of Law and Human Rights (Kemenkumham), the Bangli Detention Center is designated as the detention center for convicts. The Head of the Correctional Division is requested to accept the delegation of detainees and convicts who already have permanent legal force or who have been given an inkracht. The Regional Office of the Ministry of Law and Human Rights of Bali appointed the Bangli Detention Center as the place for prisoners which was executed by the prosecutor's office, because the Bangli Detention Center is a detention center that has been designated by the Regional Office of Law and Human Rights and with the approval of the Director General of Corrections. The Bangli detention center has an isolation block with a capacity of 40 detainees/convicts. After being isolated for 14 days, these convicts can be returned to the prison or detention center under their jurisdiction, by showing a rapid test certificate with non-reactive results [12].

Normatively, the authority to detain a suspect or defendant lies with law enforcers, that is to say, investigators, public prosecutors, and judges. However, the implementation of the care and placement of suspects is the responsibility of detention officers [13].

According to I Wayan Agus Miarda, Head of the Bangli Detention Center (Friday, 17 March 2023), the Rutan Bangli Kelas IIB located in the Bebalang Village basically has a capacity of only for 116 people, however currently it is filled with 396 fostered inmates, thereby experiencing an overload of up to three times. This condition, in turn, caused the cell room that should have been filled with 5 people to now be occupied by up to 12 people. Nevertheless, Agus said the security and conduciveness of the detention center were still well maintained. In order to keep the situation in the detention center conducive, they admittedly continue to make persuasive approaches and develop spiritual, personality and self-sufficiency for the inmates. Coaching is carried out through a number of activities such as worship, recreation, sports, making crafts, music and others. In addition, searches are also carried out periodically throughout the residential blocks of the inmates. With the existence of the correctional system in the coaching process, convicts and assisted members are getting empowered [14].

Based on information from I Wayan Agus Miarda (interview results on 27 March 2023), the strategies or efforts made by the management of the Rutan Kelas IIB Bangli in fostering its correctional fostered inmates are by applying a persuasive approach and a family approach without deviation from existing regulations. Furthermore, it is said that coaching the fostered inmates of the detention center is very effective because they conduct an assessment in advance by asking the talents and interests of each prisoner therein.

Benefits of coaching on correctional fostered inmates for Bangli detention center management officials include that coaching is not just an activity to fill their free time but it can also make the correctional fostered inmates comply with rules and regulations. In addition, the program enables security and order to be achieved properly. Meanwhile, the benefits of the program for correctional fostered inmates are as follows:

1. At least the correctional fostered inmates will no longer violate the law.

2. The correctional fostered inmates develop their skills, so that after being released from prison later, they can be accepted by society and can provide for themselves and their families.

From the results of the questionnaire distributed to the respondents (several inmates at the Bangli Detention Center), the prisoners acknowledged that the implementation of coaching for correctional fostered inmates at the Rutan Kelas IIB Bangli was very effective. The activities carried out contain positive values and are able to shape the character of the fostered members for the better, such as keeping the environment clean, obeying religious rules, and exercising regularly. The benefits derived from positive coaching that is carried out on a daily basis is the creation of a conducive atmosphere in serving the sentence. According to the fostered members, so far there have been no obstacles, because they are very enthusiastic about participating in the entire series of coaching given. In addition, the program generates positive attitudes, mentality and character, and when the participants are released from prison, they will become human beings who have

better personalities and are useful to society. At the Rutan Kelas IIB Bangli, fostered inmates enthusiastically and voluntarily participate in coaching activities organized by the Detention Center. This can be seen from the results of direct observation when coaching activities are being held at the detention center, where each activity is always attended with enthusiasm by the all participants, exceeding the expectations of the detention center. It can be seen in the full presence of each participant, in fact the participants actually offer their expertise to be trained with other prisoners so that it can become one of the continuous programs that generate various benefits.

Obstacles faced by the management of Rutan Kelas IIB Bangli in fostering correctional fostered inmates include human resources or officers who have limited skills. In addition, funding support is not available or there is no coaching fund as stated in the Daftar Isian Pelaksanaan Anggaran or abbreviated as DIPA (Budget Implementation Entry List).

3. Rights and Obligations of Work for Correctional Fostered Inmates in Rutan Kelas IIB Bangli

Coaching on correctional fostered inmates at Rutan Kelas IIB Bangli is actually not listed in the DIPA and Budget Work Plan of Ministries/Institutions (Rencana Kerja Anggaran Kementerian/Lembaga or abbreaviated as RKA-K/L) of the Rutan Kelas IIB Bangli because the nomenclature of detention center only has the obligation to carry out services, care and security of detainees, not convict coaching activities that should be carried out in prisons. However, a policy emerged to place convicts in detention centers due to the overload conditions experienced by all prisons and detention centers in Indonesia. A similar condition is experienced by the Rutan Kelas IIB Bangli, where 75% of the occupants are convicts, also implementing a coaching program like a prison. Therefore, in order to fulfill the rights of correctional fostered inmates, in this case, convicts such as managing Remission, Integration and Assimilation, substantive activities must be carried out and followed, so that in an effort to fulfill them, the Detention Center must try to cooperate with third parties in granting workforce training to the promotion of production results. The coaching activities carried out at the Rutan Kelas IIB Bangli include personality development which refers to the spiritual activities of each religion and belief as well as fostering independence.

In Article 1 of Law Number 22 of 2022 concerning Corrections, it is stated that correctional fostered inmates consist of prisoners, fostered members and clients. Convicts are those who are serving prison sentences for a certain time and for life or death row convicts who are awaiting execution of the sentence, who are undergoing coaching in correctional institutions have the obligation to obey the rules of procedure, follow the coaching program in an orderly manner, and carry out work obligations.

Obligations of prisoners and convicts are regulated in Article 8 and Article 11 (1) of Law Number 22 of 2022 concerning Corrections. Detainees and convicts shall obey the rules of procedure; follow in an orderly manner the service program; maintain a clean, safe, orderly and peaceful life; and respect the human rights of everyone within their environment. In paragraph (2) it is determined that convicts are also obliged to work by taking into account their health condition and use value. Work carried out include farming, arranging plants, painting, dance, handicraft work such as making handicrafts from for example used newspapers being processed into baskets, arts activities, plantations, animal husbandry, and workshops. In the early days of work, there were only carpentry and furniture activities, but there was one inmate who had expertise and worked as a welder. After being evaluated and recommended at the Tim Pengamat Pemasyarakatan or abbreviated as TPP (Correctional Observer Team) session, the person actually volunteered to train his fellow prisoners, so that the work program could increase.

Correctional fostered inmates have the right to worship according to their religion or belief, are entitled to care both physically and spiritually, education, teaching, health and food services, receive humane treatment and are protected from acts of torture, exploitation, indifference, violence and all actions that endanger their physic and mentality and are entitled to work safety

guarantees, wages, or work premiums" as stipulated in Article 9 letter (j) of Law Number 22 of 2022 concerning Corrections. In this coaching activity, convicts are not only objects that are assessed in carrying out work activities, but also as subjects or actors who carry out production in the detention center.

Results of interviews with inmates also show that prison is not a place to seek sustenance in the form of money, but a place to seek sustenance in the form of charity from good deeds done. This is the implication of efforts to make amends and mistakes that have been made before. Thus, these convicts are fully aware that they need to sincerely serve their sentence, including to follow the coaching program that is part of it. Another thing that motivates correctional fostered inmates to participate in the coaching process is to spend time and overcome boredom while serving their sentence. Psychologically, they will feel continuous sadness and depression in anger and regret for the actions they have committed causing them to be locked up in prison. This downturn did not produce the expected change and it still refers to the concept of imprisonment where correctional fostered inmates are locked up in the dark of cells and reflect on the crimes they have committed. Unfortunately, this contemplation will not change the reality that has occurred without a definite solution for the good towards it so that correctional transformation occurs which is expected to be a solution to reduce the recidivism rate. Thus, the coaching activities undertaken by these convicts can provide benefits after being released from prison or detention centers.

The obligation to take part in coaching is intended for convicts because it is a condition that must be met in order to obtain their rights in the form of a reduced sentence or release, in this case for convicts and detainees, including fostered inmates. However, detainees are still undergoing a judicial process by the detaining parties, be it the police, courts or prosecutors, so they are not required to take part in work activities or coaching. This is because the prison terms cannot be calculated to determine whether they fall into the maximum or medium security category and it has not yet been tried by the Correctional Monitoring Team. However, there are many detainees who take part in voluntary activities under the pretext of filling their spare time so they do not continue to harbor negative thoughts at times when they can only stay silent behind bars when a trial schedule has not been issued.

During this period, the detainees certainly do not receive benefits because it is still the responsibility of the detaining party and they do not receive leniency because they have not yet received a verdict. This shows that the role of correctional fostered inmates is not only an object in the coaching program regulated by the Government and existing rules, but they are also subjects who have the initiative and thoughts to change themselves, develop themselves through organized activities and create new activity. From the results of the work that has been carried out while in the detention center, the detainees admit that they do not expect any form of reward because they have been given support in the form of encouragement, and they intend to serve the state so that they become human beings who are useful to society.

When viewed from the rights and obligations, between prisoners and convicts there are differences in terms of obligations in doing work. Prisoners are not obliged to do work, while convicts are obliged to work taking into account their health conditions and use value. Likewise, in the provisions of the Regulation of the Minister of Justice of the Republic of Indonesia Number: M.04-Um.01.06 of 1983 concerning Procedures for Placement, Care for Detainees and Rules of State Detention Centers [15], specifically in Article 15 in paragraph (1), it is determined that detainees are not subject to mandatory work. Furthermore, paragraph (2) stipulates that "in the event that they wish to work voluntarily, they must obtain permission from the detaining agency. Paragraph (3) stipulates that work facilities are provided for detainees as referred to in paragraph (2). Paragraph (4) stipulates that the type of work provided and the possibility of giving wages are carried out in accordance with the applicable laws and regulations. Furthermore, Article 17 paragraph (1) stipulates that if there is a violation of the rules and discipline of the State Detention Center, the Head of Detention Center shall order an examination of the detainee who is suspected of having committed the violation and hear information from the duty officer concerned in this

matter. Paragraph (2) stipulates that the head of the detention center must notify the detaining party and the investigator if it turns out that the violation constitutes a crime.

Sanctions for convicts and detainees who commit violations, such as not participating in the established coaching program include them being subject to severe disciplinary punishment as stipulated in Article 10 paragraph (3a) of the Regulation of the Indonesian Minister of Law and Human Rights Number 6 of 2013. The imposition of disciplinary punishment to convicts or detainees must be recorded in the guidance card (Article 11). The imposition of disciplinary punishment against convicts or detainees who are suspected of having violated the procedures must be preceded by examination executed by the head of security before the sentence is imposed. Article 14 paragraph (3) stipulates that the Correctional Monitoring Team shall hold a hearing to discuss the imposition of disciplinary sanctions against convicts or detainees who are suspected of having committed violations from the date the minutes of examination were received. Article 15 stipulates that before disciplinary punishment is imposed, convicts or detainees may be subject to disciplinary action in the form of temporary placement in solitary confinement for a maximum period of 6 days. In the event that an offense committed by a convict or detainee is suspected of being a crime, the head of the prison or the head of the detention center shall forward it to the competent authority (Article 17).

CONCLUSION

Following are the conclusions drawn with reference to the description in the previous section.

4.1. Implementation of coaching for correctional fostered inmates at Rutan Kelas IIB Bangli can run effectively. The implementation is carried out with a persuasive or familial approach by providing coaching in the form of spiritual activities, sports, work according to the talents and interests of the fostered inmates. The coaching program appears to be very effective which is supported by the continuous presence of the fostered inmates who are very enthusiastic about following the coaching conducted by the Rutan Kelas IIB Bangli.

4.2. Rights of correctional fostered inmates are regulated in Article 9 letter (j) of Law Number 22 of 2022 concerning Corrections. Inmates have the right to worship according to their respective religions or beliefs, are entitled to care both physically and spiritually, education, teaching, health and food services, are entitled to receive humane treatment and protection from acts of torture, exploitation, indifference, violence and all acts that harm them physically and mentally and are entitled to work safety guarantees, wages or work premiums. It is just that, in this study, correctional fostered inmates did not prioritize the material benefits to be received. On the contrary, the obligations of detainees and convicts according to Article 8 and Article 11 (1) of Law Number 22/2022 concerning Corrections are that detainees must comply with the rules of procedure; follow the service program in an orderly manner; maintain a clean, safe, orderly and peaceful life; and respect the human rights of everyone in their environment. Article 11 paragraph (2) stipulates that convicts are also obliged to work taking into account their health conditions and the use value of the work. Between detainees and convicts there are differences in terms of obligations in carrying out work. Detainees are not obliged to do work, while convicts are required to work taking into account their health conditions and the use value of the work performed.

ACKNOWLEDGEMENT

We would like to thank all parties who have helped so that this article can be published, to fellow teachers and students who have helped in providing data related to this research. So we say to all colleagues.

REFERENCES

[1] E. Setiawan, "Kamus Besar Bahasa Indonesia (KBBI): Kamus versi online/daring (dalam jaringan)," Digital Ocean, 2023. https://kbbi.web.id/penjara (accessed Mar. 18, 2022).

[2] Direktorat Jenderal Pemasyarakatan Kementerian Hukum dan HAM Republik Indonesia, "Sejarah

Pemasyarakatan," Ditjenpas.go.id, 2019. http://www.ditjenpas.go.id/sejarah (accessed May 06, 2023).

[3] Pemerintah Pusat, Undang-Undang tentang Pemasyarakatan. Indonesia: LN.2022/No.165, 2022, p. 39. [Online]. Available: https://peraturan.bpk.go.id/Home/Details/218804/uu-no-22-tahun-2022

[4] Rumah Tahanan Negara Kelas IIB Bangli, "Tugas Pokok dan Fungsi serta Struktur Oganisasi," Pusdatin - Kemenkumham RI, 2017. https://rutanbangli.kemenkumham.go.id/profil/tugas-pokok-dan-fungsi-serta-struktur-oganisasi (accessed Oct. 02, 2022).

[5] S. Soerjono, Pengantar Penelitian Hukum. Jakarta: Universitas Indonesia Press, 1986.

[6] M. Fajar and Y. Achmad, Dualisme Penelitian Hukum Normatif & Empiris. Yogyakarta: Pustaka Pelajar, 2010. [Online]. Available: https://opac.perpusnas.go.id/DetailOpac.aspx?id=717229

[7] K. R. T. R. Bangli, "Profil Rumah Tahanan Kelas IIB Bangli: Laporan Bulanan Kepegawaian," Bangli, 2022.

[8] H. Keslen, Teori Umum tentang Hukum dan Negara, 5th ed. Bandung: Nusamedia, 2006. [Online]. Available: https://opac.perpusnas.go.id/DetailOpac.aspx?id=667246

[9] S. P. Siagian, Manajemen Sumber Daya Manusia. Jakarta: Bumi Aksara, 2002. [Online]. Available: https://opac.perpusnas.go.id/DetailOpac.aspx?id=108629

[10] E. L. Tampubolon and C. Sahuri, "Efektivitas Pembinaan Narapidana Anak di Lembaga Pembinaan Khusus Anak (LPKA) Pekanbaru," Jom FISIP, vol. 4, no. 1, pp. 1-14, 2017, [Online]. Available: https://shorturl.at/bdoIK

[11] U. Wulandari and H. J. Simon, "Pengaruh Efektivitas Kerja Pegawai terhadap Kualitas Pelayanan Publik di Kelurahan Sidorame Barat I Kecamatan Medan Perjuangan," J. Publik Reform Univ. Dharmawangsa, vol. 2, no. 1, pp. 1-8, 2019, doi: https://doi.org/10.46576/jpr.v5i1.495.

[12] Miasa, "Kebijakan Baru, Ini Rutan yang Ditunjuk Jadi Rutan Eksekusi Terpidana," Balipost, 2020. https://www.balipost.com/news/2020/05/26/125205/Kebijakan-Baru,Ini-Rutan-yang...html (accessed Jun. 06, 2023).

[13] A. Sanusi, "Pengeluaran Tahanan Demi Hukum bagi Tersangka dalam Perspektif Hukum dan Hak Asasi Manusia (Expenditure for Legal Responsibility for the Suggested in the Perspective of Law and Human Rights)," J. Ilm. Kebijak. Huk., vol. 14, no. 3, pp. 435-444, 2020, doi: http://dx.doi.org/10.30641/kebijakan.2020.V14.435-444.

[14] D. Swasrina, "Rutan Bangli 'Overload' 3 Kali Lipat," Balipost, 2023. https://www.balipost.com/news/2023/03/18/329163/Rutan-Bangli-Overload-3-Kali...html (accessed Jun. 01, 2023).

[15] Menteri Kehakiman Indonesia, Keputusan Menteri Kehakiman Republik Indonesia tentang Tata Cara Penempatan, Perawatan Tahanan dan Tata Tertib Rumah Tahanan Kenegaraan. Indonesia, 1983. [Online]. Available: https://www.hukumonline.com/pusatdata/detail/lt52576e958f938/peraturan-menteri-kehakiman-nomor-m04-um0106-tahun-1983

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