Analisis Yuridis Terhadap Pemberian Asimilasi Narapidana Menurut Peraturan Menteri Hukum dan Hak Asasi Manusia Republik Indonesia Nomor 10 Tahun 2020 Ditinjau dari Tujuan Pemidanaan

Abstract

The number of prisoners has exceeded the capacity of prisons, then the government made emergency
effort to prevent the spread of the Covid-19 by stipulating the Regulation of the Minister of Law and Human
Rights Number 10 of 2020 concerning Requirements for Assimilation anf Integration Rights for Prisoners
and Children in the Framework of Prevention and Control of Covid-19. The principle of assimilation is to
integrate prisoners into society, in the hope of regaining confidence and always applying the principle of
good behavior. Meanwhile, during the assimilation of Covid-19, there is still a repetition of criminal acts
after assimilation’s given, so the principle of assimilation is considered not achieved in society. The purpose
of writing this thesis, as follows; First, Legal problems that arise after providing assimilation for prisoners
according to the Regulation of the Minister of Law and Human Rights Number 10 of 2020 related to effort
to prevent and control the spread of Covid-19 in Indonesia, Second, The ideal concept of providing
assimilation of prisoners during the Covid-19 pandemic in the correctional system to achieve the purpose of
punishment.
This type of research can be classified in the normative juridical type of research, because the author
examines law from an internal perspective with the object of research being legal norms. The author uses a
legislative approach carried out by reviewing ministerial regulations related to legal issues. The data
sources used are primary data, secondary data, and tertiary data. Data collection techniques in this study
are in the form of literature studies.
From the results of problem research there are two main things that can be concluded. First, Legal
problems that arise after providing assimilation for prisoners according to the Regulation of the Minister of
Law and Human Rights Number 10 of 2020 related to effort to prevent and control the spread of Covid-19
in Indonesia, the legal problem that arise are not carrying out the rules for assimilation requirements at
home, repetition of criminal acts, and the gap between the implementation of Covid-19 assimilation and
public reaction. Second, The ideal concept of providing assimilation of prisoners during the Covid-19
pandemic in the correctional system to achieve the purpose of punishment, that prisoners who commit drug
crimes by distributing narcotics don’t need to be assimilated at home and it would be nice if health agencies
and labor agencies were involved in assimilation. The author’s suggestion is, First, a strict monitoring and
monitoring mechanism is needed for assimilated prisoners, as well as transparent and fair implementation
so as not to violate legal and human rights principles. Second, that the development of prisoners is expected
to improve the quality of the coaching program, continue to involve the community, increase evaluation, and
expand cooperation.

Keywords: Assimilation, Inmate, Covid-19, Purpose of Punishment.