Government Regulation Number 99 In 2012

Original Language Title: Peraturan Pemerintah Nomor 99 Tahun 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f6d441070a0f6313232313134.html

pp99-2012 fnHeader (); The text is not in the original format.
Back COUNTRY SHEET Republic of INDONESIA No. 225, 2012 (Additional explanation in the State Gazette of the Republic of Indonesia Number 5359) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 99 in 2012 ABOUT the SECOND AMENDMENT OVER GOVERNMENT REGULATION NUMBER 32 in 1999 ABOUT the TERMS and PROCEDURES for the IMPLEMENTATION of the RIGHTS of the CITIZENS in OUR PRISONS with the GRACE of GOD ALMIGHTY the PRESIDENT of the Republic of INDONESIA, Considering: a. that the criminal act of terrorism, narcotics and precursors of narcotic drugs , psychotropic drugs, corruption, crimes against State security and crimes of human rights, as well as other organized transnational crime is exceptional because the crimes resulted in heavy losses for the State or society or victims that much or cause panic, anxiety, or fear that wonderful to the community;
b. that the granting of remission, Assimilation, and Parole for the perpetrator of the criminal act of terrorism, narcotics and precursors of narcotic drugs, psychotropic drugs, corruption, crimes against State security and crimes of human rights, as well as other organized transnational crime need to be tightened terms and the way to meet the community's sense of fairness;
c. that the provisions on the terms and procedures for the granting of remission, Assimilation, and Parole subject to government regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of Citizens as amended Prisons Built with government regulation Number 28 in 2006 about changes to the Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Correctional , not yet fully reflect the interests of security, public order, and sense of Justice is perceived by society, so need to be changed;
d. that based on considerations as referred to in letter a, letter b, letter c, and the need to establish government regulation about the second amendment over government regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Prisons;
Remember: 1. Article 5 paragraph (2) of the Constitution of the Republic of Indonesia in 1945;
2. Act No. 12 of 1995 concerning Corrections (State Gazette of the Republic of Indonesia Number 77 in 1995, an additional Sheet of the Republic of Indonesia Number 3614);
3. Act No. 3 of 1997 concerning juvenile court (State Gazette of the Republic of Indonesia number 3 in 1997, an additional Sheet of the Republic of Indonesia Number 3668);
4. Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Prisons (State Gazette of the Republic of Indonesia Number 69 in 1999, an additional Sheet of the Republic of Indonesia Number 3846);
5. Government Regulation Number 28 in 2006 about changes to the Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Prisons (State Gazette of the Republic of Indonesia Number 61 in 2006, an additional Sheet of the Republic of Indonesia Number 4632);
Decide: define: GOVERNMENT REGULATIONS ABOUT the SECOND AMENDMENT OVER GOVERNMENT REGULATION NUMBER 32 in 1999 ABOUT the TERMS and PROCEDURES for the IMPLEMENTATION of the RIGHTS of the CITIZENS in OUR PRISONS.
Article I a few provisions in the Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Prisons (State Gazette of the Republic of Indonesia Number 69 in 1999, an additional Sheet of the Republic of Indonesia Number 3846) as amended by the Government Regulation Number 28 in 2006 (State Gazette of the Republic of Indonesia Number 61 in 2006, an additional Sheet of the Republic of Indonesia Number 4632) is amended as follows : 1. The provision of article 34 is amended to read as follows: article 34 (1) every Inmate and Criminal Children entitled to a remission.
(2) the Remission referred to in subsection (1) may be given to Inmates and Criminal Children who are qualified: a. being of good character; and b. have undergone criminal period more than 6 (six) months.
(3) being of good character Requirements as referred to in paragraph (2) letter a is evidenced by: a. not currently undergoing disciplinary punishment within 6 (six) months, commencing before the date of the granting of Remission; and b. have attended mentoring programme organised by the LAPAS with predicate good.

2. The provisions of article 34A is amended to read as follows: article 34A (1) grant of Remissions for Inmates who are convicted for committing criminal acts of terrorism, narcotics and precursors of narcotic drugs, psychotropic drugs, corruption, crimes against State security, human rights crimes, as well as other organized transnational crimes, in addition must meet the requirements as stipulated in article 34 must also meet the requirements of: a. is willing to cooperate with law enforcement to help dismantle the matter a criminal offence which he did;
b. has paid the full penalty and substitute money in accordance with the Court ruling for the Inmates who are convicted for committing criminal acts of corruption; and c. has been following deradikalisasi program organized by LAPAS and/or National Counter-terrorism Agency, as well as stating the pledge: 1) loyalty to the unitary State of the Republic of Indonesia, in writing, to Convict a citizen of Indonesia, or 2) will not repeat the deeds of terrorism criminal act in writing for foreign nationals, Inmates who are convicted for committing criminal acts of terrorism.
(2) Prisoners who are convicted for committing the crime of narcotics and precursors of narcotic drugs, psychotropic substances as referred to in paragraph (1) only applies to Inmates who are convicted with imprisonment the shortest 5 (five) years.
(3) Willingness to cooperate as intended in paragraph (1) letter a should be stated in writing and set forth by the law enforcement agencies in accordance with the provisions of the legislation.

3. In between Article 34A and article 35 inserted 2 (two) article, namely Article 34C and article 34B which reads as follows: article 34B (1) Remission as referred to in article 34 paragraph (1) is given by the Minister.
(2) Remissions to Prisoners as stipulated in article 34A subsection (1) is given by the Minister after obtaining the consideration in writing from the Minister and/or the direction of related agencies.
(3) Consideration in writing as referred to in paragraph (2) presented by the Minister and/or related agencies Chairman for a period of not longer than 12 (twelve) working days since the receipt of the request for the consideration of Ministers. (4) the giving of the Remissions set out by decision of the Minister.

Article 34C (1) the Minister may grant Remission to criminal and Convict other than Inmates who are convicted for committing criminal acts referred to in Chapter 34A subsection (1).
(2) Prisoners referred to in subsection (1) consists of Inmates who: a. are convicted criminal with the longest one (1) year;

b. age of 70 (seventy) years; or c. a prolonged illness.
(3) the Minister in providing Remission as referred to in paragraph (1) after considering the public interest, security, justice and a sense of community.

4. The provisions of article 36 is amended to read as follows: article 36 (1) every Inmate and Correctional Protege deserves assimilation.
(2) the assimilation referred to in subsection (1) is granted to: a. Inmates and Criminal Children who meet the requirements: 1. being of good character;

2. actively participate in the construction of the well; and 3. has undergone a 1/2 (one per two) times of the criminal. b. Children and the son of the country's civil, after undergoing the period of education in LAPAS during 6 (six) months.
c. Inmates who are convicted for committing criminal acts referred to in Chapter 34A subsection (1), after fulfilling the requirements: 1. being of good character;

2. actively participate in the construction of the well; and 3. has had 2/3 (two thirds) of criminal period.
(3) the assimilation can be revoked at any time if the Inmates or Correctional Protégé violated terms of Assimilation as mentioned in subsection (2).
(4) the granting and revocation of Assimilation as mentioned in subsection (2) and paragraph (3) are defined by the decision of the Minister.

5. In between Article 36 and article 37 pasted one article, namely Article 36A which reads as follows: article 36A (1) Assimilation for Inmates who are convicted as stipulated in article 34A subsection (1) is given by the Minister after obtaining the consideration of the Director-General of prisons.
(2) the Director General of prisons in giving the consideration referred to in subsection (1) is obligated to pay attention to the interests of the security, public order, justice and a sense of community.
(3) the Director General of prisons in giving the consideration referred to in subsection (2) is obligated to solicit recommendations from related institutions, namely: a. the State police of the Republic of Indonesia, National Counter-terrorism Agency, and/or Attorney General's Office in regards to the Inmates are convicted for committing criminal acts of terrorism, crimes against State security, human rights crimes, and/or other organized transnational crime;

b. the State police of the Republic of Indonesia, the National Narcotics Agency, and/or Attorney General's Office in regards to the Inmates are convicted for committing the crime of narcotics and precursors of narcotic drugs, psychotropic substances; and c. the State police of the Republic of Indonesia, the Attorney General's Office, and/or the corruption eradication Commission in the matter of Prisoners are convicted for committing criminal acts of corruption.

(4) the recommendations referred to in subsection (3) is submitted in writing by the relevant agencies in the longest period of 12 (twelve) working days since the receipt of the request recommendations from the Director General of prisons.
(5) in terms of the time limit referred to in paragraph (4) relevant agencies do not convey a recommendation in writing, the Director General of prisons delivered a consideration of Assimilation to the Minister.
(6) the provisions concerning the procedures for the granting of consideration of Assimilation as mentioned in paragraph (3) subject to the regulations of the Minister.

6. Between Article 38 and article 39 pasted one article, namely Article 38A which reads as follows: article 38A (1) Assimilation for Inmates who are convicted for committing criminal acts referred to in Chapter 34A subsection (1), given in the form of social work in social institutions.
(2) Prisoners who are convicted for committing criminal acts of terrorism, Assimilation as mentioned in subsection (1) is given after: a. completed deradikalisasi course organized by LAPAS and/or National Counter-terrorism Agency, and b. States pledge: 1) loyalty to the unitary State of the Republic of Indonesia, in writing, to Convict a citizen of Indonesia, or 2) will not repeat the deeds of terrorism criminal act in writing to the foreign national Inmates.
(3) further Provisions regarding the form of social work, this type of social institution, and the procedures for implementing the assimilation referred to in subsection (1) is controlled by a regulation of the Minister.

7. The provisions of article 39 is amended to read as follows: article 39 in terms of Assimilation for Inmates and Correctional Protégé revoked for violating the conditions of Assimilation, then: a. against Inmates and Criminal Children, for the first year after revocation could not be given remission, Assimilation, Parole, leave Towards free, and Furlough to visit family;
b. in the event that the criminal prisoners and Child asimilasinya revoked for the second time, the question was not given the right of Assimilation, Parole, leave Towards free, and Furlough to visit family;
c. State and against civilians, the child for 6 (six) months after the first done for the removal of asimilasinya not be able to follow the activities of assimilation.

8. The provisions of article 43 is amended to read as follows: article 43 (1) every Inmate and Protégé of prisons except Civil, Children deserve Parole.
(2) Conditional Exemption referred to in subsection (1) is granted on the condition that: a. have undergone criminal most short time 2/3 (two thirds) and the provisions of 2/3 (two thirds) of the time the criminal at least 9 (nine) months;
b. behave well for most criminal undergo brief 9 (nine) months calculated prior to the date of 2/3 (two thirds) of criminal period; c. follow the mentoring programme with good, diligent, and passionate; and d. the public can receive coaching activities program inmates. (3) the State Parole given after undergoing the construction of at least 1 (one) year.

(4) the granting of Parole set by decision of the Minister.
(5) Parole revoked if Inmates or Correctional Protégé violated Parole requirements as referred to in paragraph (2).
(6) the provisions regarding Parole revocation referred to in subsection (5) is set in a regulation of the Minister.

9. In between Article 43 and article 44 inserted 2 (two) article, namely Article 43A and 43B Article which reads as follows: article 43A (1) Granting Parole to Prisoners who are convicted for committing criminal acts of terrorism, narcotics and precursors of narcotic drugs, psychotropic drugs, corruption, crimes against State security and crimes of human rights, as well as other organized transnational crimes, in addition must meet the requirements as stipulated in article 43 paragraph (2) must also meet the requirements of : a. are willing to work with law enforcement to help dismantle the matter a criminal offence which he did;
b. have undergone at least 2/3 (two thirds) of criminal period, provided 2/3 (two thirds) of the time the criminal at least 9 (nine) months; c. have undergone Assimilation of at least 1/2 (one per two) from the rest of the time required by a criminal; and d. have demonstrated awareness and regret over an error that led to criminal and declared the pledge: 1) loyalty to the unitary State of the Republic of Indonesia, in writing, to Convict a citizen of Indonesia, or 2) will not repeat the deeds of terrorism criminal act in writing for foreign nationals, Inmates who are convicted for committing criminal acts of terrorism.
(2) Prisoners who are convicted for committing the crime of narcotics and precursors of narcotic drugs, psychotropic substances as referred to in paragraph (1) only applies to Inmates who are convicted with imprisonment the shortest 5 (five) years.
(3) Willingness to cooperate as intended in paragraph (1) letter a must be declared in writing by the law enforcement agencies in accordance with the provisions of the legislation.
Article 43B (1) Parole as referred to in article 43A paragraph (1) is given by the Minister after obtaining the consideration of the Director-General of prisons.
(2) the Director General of prisons in giving the consideration referred to in subsection (1) is obligated to pay attention to the interests of the security, public order, justice and a sense of community.
(3) the Director General of prisons in giving the consideration referred to in subsection (2) is obligated to solicit recommendations from related institutions, namely: a. the State police of the Republic of Indonesia, National Counter-terrorism Agency, and/or Attorney General's Office in regards to the Inmates are convicted for committing criminal acts of terrorism, crimes against State security, human rights crimes, and/or other organized transnational crime;
b. the State police of the Republic of Indonesia, the National Narcotics Agency, and/or Attorney General's Office in regards to the Inmates are convicted for committing the crime of narcotics and precursors of narcotic drugs, psychotropic substances; and c. the State police of the Republic of Indonesia, the Attorney General's Office, and/or the corruption eradication Commission in the matter of Prisoners are convicted for committing criminal acts of corruption.
(4) the recommendations referred to in subsection (3) is submitted in writing by the relevant agencies in the longest period of 12 (twelve) working days since the receipt of the request recommendations from the Director General of prisons.
(5) in terms of the time limit referred to in paragraph (4) relevant agencies do not convey a recommendation in writing, the Director General of prisons delivered a Parole considerations to the Minister.
(6) the provisions concerning the procedures for the granting of Parole as referred to in paragraph (3) subject to the regulations of the Minister.

10. The provisions of article 54A is amended to read as follows: article 54A on when this Regulation comes into force, all the legislation which is the implementation of the Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of Citizens as amended Prisons Built with government regulation Number 28 in 2006 about changes to the Government Regulation Number 32 in 1999 about the terms and procedures for the implementation of the rights of the citizens in our Correctional still, it was not against all applicable or have yet to be replaced with a new one based on government regulations.
Chapter II of this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

Established in Jakarta on November 12, 2012 PRESIDENT REPUBLIC of INDONESIA Dr. h. SUSILO BAMBANG YUDHOYONO Enacted in Jakarta on November 12, 2012, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();