ANALISIS YURIDIS STATUS HUKUM MANTAN NARAPIDANA DIKAITKAN DENGAN TEORI PEMIDANAAN DI INDONESIA

Abstract

The life of ex-convicts is often viewed negatively. With this negative view, the
phenomenon of injustice and discriminatory treatment by society arises for ex-convicts who
have a record as perpetrators of criminal acts. Such as ostracism, humiliation, limited rights
and the difficulty of ex-convicts in applying for jobs in companies. So that it is necessary to
clarify the legal status of ex-convicts after being released from Correctional Institutions with
the aim of getting their rights back.
The type of legal research is normative juridical with research on legal systematics,
namely referring to certain laws and regulations or written law.With the data source in the
form of secondary data consisting of primary, secondary and tertiary legal materials. Then,
data collection techniques were carried out using legal material collection by means of
library research and then analyzing the data by conducting a qualitative descriptive analysis.
The result of this reasearch is the juridical analysis of the legal status of ex -convicts,
after serving a sentence according to the concept of criminal law is to return to being a
respectable society as before and obtain full legal rights, but after the author analyzes what
happens is that the legal status of ex-convicts is not in accordance with justice and applicable
law in Indonesia, due to various rules, discriminatory treatment and negativ e views from
society give injustice to ex-convicts which can be seen from the cases of ex-convicts who were
discriminated against in their own community and from the existing regulations limiting the
rights of ex-convicts especially when it come to getting a job. Effort that can be is that the
government must always prioritize human rights, such as by making legal products that are
consistent with and not contradictory to the 1945 Constitution of the Republic of Indonesia,
especially Article 28 and the Human Rights Law.
Keywords: Legal Status, Ex-convict, Criminal Theory