IMPLEMENTASI PASAL 83 AYAT (3) HURUF a ANGKA 1 PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA REPUBLIK INDONESIA NOMOR 7 TAHUN 2022 TENTANG PERUBAHAN KEDUA ATAS PERATURAN MENTERI HUKUM DAN HAK ASASI MANUSIA NOMOR 3 TAHUN 2018 TENTANG SYARAT DAN TATA CARA

Abstract

In many countries, parole is a legal process that permits inmates to spend the balance of their sentence—under specific restrictions—outside of prison. There are considerations for enforcing conditional release for foreign nationals (WNA), even if it is primarily directed towards local citizens. This study examines the fundamental ideas—such as respect for human rights, humanity, and the national interest—that serve as the cornerstone for the implementation of parole for foreign nationals. The application of Article 83 Paragraph 3 Letter A of Regulation Number 1 of the Minister of Law and Human Rights of the Republic of Indonesia Number 7 of 2022 concerning the Second Amendment to the Regulation of the Minister of Law and Human Rights Number 3 of 2018 concerning Terms and Conditions is the issue examined in this thesis. The processes for awarding foreign national convicts at the Class II B Banjar Penitentiary remission, assimilation, leave to visit family, conditional release, leave to be released, and conditional leave, as well as the challenges and difficulties involved. Normative legal research is the research methodology employed. In order to perfect the legal science's treasures—which do not require contradiction but rather need to be harmonized in order to find legal truths more thoroughly—empirical research methods integrate normative and empirical research methods. According to the study's findings, granting parole to foreign nationals necessitates striking a compromise between the rights of the state and those of the individual. The significance of having a comprehensive awareness of the laws, regulations, and customs of different countries in order to create equitable and efficient parole processes. Respecting the values of justice in the context of parole for foreign nationals also requires awareness of humanitarian concerns and human rights. It is suggested that requirements be suggested in order for the rights of prisoners who have foreign citizenship to be implemented in line with the objectives.
In order to accept and implement the embassy's assurance letter, substantive and administrative requirements are reviewed or changed, specifically by agreeing on what crimes to commit and under what circumstances.