How to cite:
Dwi Seno Wijanarko. (2022). Implementation of Provision of
Assimilation in the Time of Covid-19 for Prisoners. Journal Eduvest.
Vol 2(2): 190-195
E-ISSN:
2775-3727
Published by:
https://greenpublisher.id/
Eduvest Journal of Universal Studies
Volume 2 Number 2, February, 2022
p- ISSN 2775-3735- e-ISSN 2775-3727
IMPLEMENTATION OF PROVISION OF ASSIMILATION IN
THE TIME OF COVID-19 FOR PRISONERS
Dwi Seno Wijanarko
Bhayangkara University Jakarta Raya, Indonesia
ARTICLE INFO ABSTRACT
Received:
January, 26
th
2022
Revised:
February, 17
th
2022
Approved:
February, 18
th
2022
A criminal act committed by a person does not eliminate his
human dignity, so that his position as a prisoner does not
prevent him from getting guaranteed protection and
fulfillment of human rights. This provision then animates
the existence of a correctional system with a set of
accompanying legal instruments, including a coaching
system which is embodied in the form of an assimilation
program. As part of the prisoner development system, the
implementation of assimilation has faced challenges during
the COVID-19 pandemic. Departing from the description
above, the researcher intends to conduct research related
to the implementation of assimilation during the COVID-19
pandemic by placing the research locus in Cipinang Class I
Prison. The objectives to be achieved in this research are: 1)
Knowing the process of providing assimilation for prisoners
in Cipinang Class I Correctional Institution; 2) Knowing the
impact resulting from the provision of assimilation for
prisoners in the Cipinang Class I Correctional Institution.
The type of research used in this study is empirical legal
research which bases research on findings in the field, so
the approach used in this research is a sociological juridical
approach. The results of this study are first, the
implementation of assimilation in Cipinang Class 1 Prison is
based on the Regulation of the Minister of Law and Human
Rights of the Republic of Indonesia Number 10 of 2020.
Based on this legal source, Cipinang Class 1 Prison has given
as many as 533 assimilation rights to prisoners. Second, the
provision of assimilation carried out during the Covid-19
Dwi Seno Wijanarko
Implementation of Provision of Assimilation in the Time of Covid-19 for Prisoners 191
pandemic subsequently brought positive and negative
impacts at the same time.
KEYWORDS
Assimilation, Coaching, Covid-19 Pandemic
This work is licensed under a Creative Commons
Attribution-ShareAlike 4.0 International
INTRODUCTION
The correctional system is an order regarding the direction and limits as well as
the method of fostering prisoners based on Pancasila which is carried out in an integrated
manner between the coaches, who are fostered and the community to improve the quality
of prisoners so that they realize mistakes, improve themselves, and do not repeat criminal
acts so that they can be accepted again by the community can live as good and
responsible citizens (Danial, Masyitoh, & Tanshzil, 2020). One of the important
components in the correctional system is the Correctional Institution or Prison (Pont et
al., 2018). Correctional institutions ideally contain the intention to re-socialize the
inmates who have violated the laws and norms adopted by the community (Ananda,
2021) (Muslim, 2020). The purpose of this institution is to change the nature, way of
thinking and behavior, the process of educative interaction must be built (Oke &
Fernandes, 2020). Intensive educative interaction is very much needed, so that
collectively the inmates' awareness grows about the behavior that should be carried out
(Abdulkareem, Augustijn, Filatova, Musial, & Mustafa, 2020).
The term correctional institution can be equated with resocialization with the
understanding that everything is placed in the Indonesian cultural system with the values
that apply in Indonesian society (Sumpter, Wardhani, & Priyanto, 2021). Based on this,
correctional facilities, both in terms of systems, institutions, coaching methods, and
correctional officers, are an inseparable part of a series of law enforcement processes
(Smith, 2020). The position of the correctional institution as a coaching institution in the
criminal justice system is very strategic in realizing the ultimate goal of the criminal
justice system, namely the rehabilitation and resocialization of lawbreakers, even to the
suppression of crime. One of a series of correctional programs carried out in correctional
institutions is the coaching process given to prisoners (Stasi et al., 2022). Prison coaching
aims to prepare inmates in prison so that they can interact in a healthy manner with the
community, so that they can play a role again as free and responsible members of society
(Ertl et al., 2019).
Based on data from the Directorate General of Corrections, the number of
prisoners and detainees in Indonesia as of April 11, 2020 has reached 225,176 people,
while the total prison capacity is only for 132,107 inmates and detainees. According to
World Prison Brief data, prisons in Indonesia are overcapacity by 104%. On this basis,
the government then took action to release prisoners who had complied with the
applicable laws and regulations through assimilation and integration media, as an effort to
prevent the massive spread of the virus. As of April 20, 2020, the number of adult and
child prisoners released through the assimilation and integration program has reached
36,554 people and is confirmed to continue to grow.
The policy of releasing prisoners through assimilation as an effort to prevent the
transmission of Covid 19 then gave rise to various controversies in the community.
Considering that this policy can cause several new problems, such as: First, in the midst
of the COVID-19 pandemic, ex-convicts will be faced with a difficult situation to find
work. Second, the widespread practice of buying and selling tickets for the release of
Eduvest Journal of Universal Studies
Volume 2 Number 2, February 2022
192 http://eduvest.greenvest.co.id
prisoners in prisons. Third, criminal acts began to emerge. The riots in Manado prison
due to social jealousy did not get assimilated and the actions of the released prisoners
became one of the evidences. According to data from the Directorate General of
Corrections, it is proven that 12 prisoners have committed crimes again after previously
being released through assimilation.
RESEARCH METHOD
The type of research used in this research is empirical research. Empirical research
is research that places data in the field as the main data source (Mao & Lee, 2020). This
type of research is usually used to analyze the law which is seen as patterned community
behavior in a social life that interacts and relates to one another (Allan, 2021).
This research is included in the clustering of empirical research because this
research will focus on the reality in the field to be able to find out the form of protection
of the rights possessed by prisoners through the provision of assimilation in Cipinang
Class I Penitentiary during the pandemic. So it is hoped that this research can provide a
chronological understanding of giving assimilation (Tran & Birman, 2019).
The approach used in this research is a sociological juridical approach (Timans,
Wouters, & Heilbron, 2019). The sociological juridical approach is to identify and
conceptualize law as a real and functional social institution in a real life system. As for
this research, the data is presented in the form of narrative text (Budianto, 2020).
RESULT AND DISCUSSION
A. The Process of Providing Assimilation for Inmates in Cipinang Class I
Correctional Institution
1. Overview of Cipinang Class 1 Penitentiary
As a Class I prison, Cipinang is one of the oldest correctional institutions that has
been present since 1921 as the starting point for the separation of prisons based on crime
levels, gender, and age. Initially referred to as the Cipinang Prison, which was devoted to
male inmates who were included in the adult category. LP Cipinang was born in the third
correctional period, which began with the Correctional System Evaluation Workshop in
1975. The workshop discussed several issues related to the legal basis and operational
structure of the correctional facility, including the return of the name from bina tuna
Warga to correctional facilities according to the original concept.
The following services are provided: 1) Domestic cooperation; 2) Foreign
cooperation; 3) Research permit services; 4) Information services to the public; 5)
Information service to mass media; 5) Services in the field of security and order,
including complaint services; 6) Services in the field of coaching which include:
counseling, provision of reading materials, education, transfer, parole, legal consultation,
request for leave to visit family, etc.
2. Implementation of Assimilation for Prisoners in Cipinang Class I Correctional
Institution
The dynamics of legal changes in the implementation of assimilation which was
felt to be running fast were also felt by the Cipinang Class I Penitentiary. Where based on
the new provisions, Cipinang Class I Prison also bases all actions related to granting
assimilation based on the provisions contained in the Regulation of the Minister of Law
Dwi Seno Wijanarko
Implementation of Provision of Assimilation in the Time of Covid-19 for Prisoners 193
and Human Rights of the Republic of Indonesia Number 32 of 2020 in conjunction with
the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia
Number 24 of 2021. As one of the One of the rights possessed by prisoners with respect
to their position as humans who are currently serving a sentence due to criminal acts
committed, correctional institutions are required to provide guidance to prisoners. The
guidance is given as a form of state commitment in interpreting the provision of
punishment not only intended as giving suffering, but also as an instrument to be able to
prepare prisoners' lives in a more orderly and directed society.
B. The Impact of Providing Assimilation for Inmates in Cipinang Class I Prison
during the Pandemic
The condition of the Covid-19 pandemic which then presents its own obstacles in
the process of implementing assimilation. These obstacles can then be identified as
follows:
1) The level of spread of covid-19 which requires the public to place restrictions on
locations and activities, so that it also has an impact on efforts to limit activities related to
the implementation of assimilation;
2) The difficulty of establishing communication and cooperation with the Partner Team in
the implementation of assimilation;
3) The guarantor's family who is not intensive and cooperative in providing information
and information related to the guaranteed prison inmates;
4) The fear of another violation of the law by prisoners makes the kelurahan or other
names reluctant to sign the administrative requirements file.
The difficulty of establishing cooperative communication with the guarantor's family, in
practical terms also has an impact on the weakening of the supervision system carried out
by correctional institutions. Where in terms of supervising the implementation of
assimilation, the prison will coordinate with the prison. Systemically, after undergoing
home assimilation, all files will be submitted to the prison for further management and
implementation of a monitoring program in the form of: mandatory reporting once a
month, video calls, and communication with the guarantor's family regarding the
development of prisoners outside the prison.
CONCLUSION
The implementation of assimilation carried out at the Cipinang Class I Penitentiary
during the COVID-19 pandemic was based on the Regulation of the Minister of Law and
Human Rights of the Republic of Indonesia Number 10 of 2020 concerning Conditions
for Providing Assimilation and Integration Rights for Prisoners and Children in the
Context of Prevention and Control of the Spread of Covid-19. The assimilation program
based on these rules is hereinafter referred to as home assimilation. Throughout the
application of the above ministerial regulation as a source of law, Cipinang Class I Prison
has provided an assimilation program to 533 inmates. With regard to the supervision
system carried out in home assimilation, the prison team coordinates with the Fathers and
the family to ensure that prisoners who receive assimilation carry out the program well.
In its implementation, the assimilation provided as one of the coaching programs
during the pandemic presents two impacts, namely positive impacts and negative impacts.
The positive impact of implementing assimilation during the pandemic is the large
Eduvest Journal of Universal Studies
Volume 2 Number 2, February 2022
194 http://eduvest.greenvest.co.id
number of prisoners receiving assimilation programs considering that the requirements
stated in the latest regulations are relatively easier than the previous regulations. The
more inmates who get this program will reduce the number of overludes in prisons. In
addition, from the number of prisoners who received the assimilation program, it was
recorded that only one prisoner returned to prison as a recidivist. This figure shows that
the implementation of assimilation in Cipinang Class I Prison is running effectively. The
negative impact of implementing assimilation during a pandemic is the increasing
obstacles in the provision and implementation of assimilation not only on internal and
external factors, but also obstacles in terms of the massive spread of the COVID-19 virus.
So many activities related to coaching must be canceled to control the spread of the
Covid-19 virus.
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