ANALISIS YURIDIS TERHADAP PEMBERIAN HAK PISTOLE BAGI TERPIDANA BUKAN KURUNGAN DALAM LEMBAGA PEMASYARAKATAN DI INDONESIA

Abstract

The law is expected to be able to protect the rights that should be given to
citizens who are carrying out the imprisonment criminal liability process. This
punishment of imprisonment is also a form of crime of deprivation of liberty, but
this punishment of confinement is lighter in some respects than imprisonment.
Similar to imprisonment, imprisonment is also a crime in the form of limiting the
freedom of movement of a convict which is carried out by closing that person in a
correctional institution. There are privileges for convicts who carry out
imprisonment, convicts have gun rights, namely at their own expense they can seek
conveniences for their lives while in correctional institutions, for example taking
care of food and or sleeping equipment through correctional officers In the
Criminal Code (KUHP), the right to a gun is emphasized in Article 23 which reads:
“A person in prison may improve his fate at his own expense.
This research is included in the category of normative legal
research/approach. Namely research that is focused on examining the application
of the rules or norms in positive law. In collecting data for normative legal
research, the library research method is used which includes studies by reviewing,
analyzing and analyzing information obtained from various literature such as
books, legislation, scientific papers, the internet and other sources, in terms of In
this case, a researcher is required to be observant and precise in finding data that
is related to the subject matter.
The author concludes that, the granting of Pistole rights or special rights is
a right owned by a prison convict in the form of certain facilities; for example a
bed, or own food and medicine. Pistole rights are only owned by convicts in prison,
while those who are sentenced to prison terms do not have that right. And 2.
Regarding the obstacles faced in law enforcement granting gun rights to convicts
in social confinement, namely: the human resource factor, the lack of facilities
factor and the community's legal awareness factor.

Keyword : Provision, Gun right, Confinement.