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Government Regulation Number 99 In 2012

Original Language Title: Peraturan Pemerintah Nomor 99 Tahun 2012

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(3) The written scale (s) as referred to in the paragraph (2) is delivered by the minister and/or the leadership of the related agency in the most prolonged period of 12 (twelve) business days since the receipt of the request of the Minister.
(4) The granting of Remission is set with the Minister ' s Decision.

Section 34C
(1) The Minister may provide Remission to the Criminal and Prisoners other than the convict who is convicted of committing a criminal offence as referred to in Article 34A paragraph (1).
(2) The convict as referred to in paragraph (1) consists of a convict who:
a. be penalised with the most long criminal times of 1 (one) year;
B. aged above 70 (seventy) years; or
c. suffered from prolonged illness.
(3) The Minister in delivering Remission as referred to in paragraph (1) after considering the general interest, security, and sense of public justice.

4. The provisions of Article 36 are changed so that it reads as follows:

Section 36
(1) Each Convict and Concubine Penitentiary is entitled to an assimilation.
(2) Assimilation as referred to in paragraph (1) is given to:
a. Inmates and Criminal Children who have met the requirements:
1. behave properly;
2. Active following the coaching program well; and
3. have undergone 1/2 (one per two) of criminal times.
B. Country Child and Civil Child, after undergoing a period of education in the LAPAS Child for 6 (six) the first month.
C. Inmates convicted of committing felon as referred to in Article 34A paragraph (1), after meeting the requirements:
1. behave properly;
2. Active following the coaching program well; and
3. have undergone 2/3 (two-thirds) of criminal times.
(3) Assimilation Times may be revoked if the Prisoner or the Concubine Penitentiary violates the requirements of the Assimilation as referred to in verse (2).
(4) The giving and revocation of Assimilation as referred to in verse (2) and verse (3) is defined by the Decree of the Minister.

5. In between Section 36 and Section 37 is inserted 1 (one) section, the Article 36A reads as follows:

Section 36A
(1) Assimilation to the Convicted Convict as referred to in Article 34A paragraph (1) is granted by the Minister after being given consideration of the Director General of Corrections.
(2) The Director General of Corrections in giving consideration as referred to in paragraph (1) is obliged to pay attention to the interests of security, public order, and the sense of public justice.
(3) The Director General of Corrections in giving consideration as referred to in paragraph (2) is required to request a recommendation from the associated instance, namely:
a. The State Police of the Republic of Indonesia, the National Agency for the Terrorism, and/or the Attorney General in the event of a convict were convicted of terrorism, crimes against the security of the state, the crimes of human rights that are severe, and/or other organized transnational crimes;
B. The State Police of the Republic of Indonesia, the National Narcotics Agency, and/or the Attorney General in the case of the convict are being criminalized for committing drug crimes and precursors of narcotics, psychotropic; and
C. The State Police of the Republic of Indonesia, the Attorney General, and/or the Corruption Eradication Commission in the case of the convict are being convicted of a corruption criminal.
(4) The recommendation as referred to in paragraph (3) is delivered in writing by the corresponding instance in the most prolonged period of 12 (twelve) business days since the receipt of the recommendation request from the Director General of Corrections.
(5) In terms of the time limit as referred to in paragraph (4) the related instance does not deliver a recommendation in writing, the Director General of the Correctional Services is a consideration of the Assimilation to the Minister.
(6) The provisions of the order of consideration of Assimilation as referred to in verse (3) are governed by the Ordinance of the Minister.

6. In between Section 38 and Section 39 is inserted 1 (one) section, the Article 38A reads as follows:

Section 38A
(1) Assimilation to the convict convicted of committing a criminal act as referred to in Article 34A paragraph (1), given in the form of social work on social institutions.
(2) The convict who is convicted of committing a criminal act of terrorism, assimilation as referred to in paragraph (1) is given after:
a. is completed following the program of deraddictive organized by the LAPAS and/or the National Agency of Terrorism Penitation, and
B. declare a pledge:
1) loyalty to the Unity State of the Republic of Indonesia in writing to the Prisoner of the Citizen of Indonesia, or
2) will not repeat the act of criminal terrorism in writing for the Prisoner of Foreign Citizen.
(3) Further provisions on the form of social work, the type of social institution, and the manner of the implementation of Assimilation as referred to in verse (1) are governed by the Regulation of the Minister.

7. The provisions of Article 39 are changed so that it reads as follows:

Section 39
In terms of Assimilation for Prisoners and Correctional Concubines is revoked for violating the provisions of Assimilation, then:
a. against convicts and Criminal Children, for the first year after revocation of the revocable revocation, Assimilation, Parole, Leave Ahead of Free, and Cuti Visit the Family;
B. in the case of the convict and the Criminal Child who revoked his assimilation for the second time, concerned not being granted the right of Assimilation, Parole, Free Leave Of Absence, and Cuti Visiting Families;
c. against Child and Child Civilian, for the first 6 (six) months after being done the revocation of its assimilation cannot follow the activities of Assimilation.

8. The provisions of Article 43 are amended so that it reads as follows:

Section 43
(1) Each Convict and Concuc as referred to in verse (1) applies only to a convict who is convicted of a prison criminal of the shortest 5 (five) years.
(3) The willingness to cooperate as referred to in paragraph (1) the letter a must be specified in writing and specified by the law enforcement agency in accordance with the provisions of the laws.

3. In between Section 34A and Section 35 are inserted 2 (two) articles, Section 34B and Section 34C read as follows:

Section 34B
(1) The Remission as referred to in Article 34 of the paragraph (1) is provided by the Minister.
(2) Remission for Prisoners as referred to in Article 34A paragraph (1) is granted by the Minister after having received written consideration of the minister and/or the leadership of the related agencies.
bine Of Penitentiary except the Civil Child, deserves the Free Consent.
(2) The unconditional Liberation as referred to in paragraph (1) is provided with the condition:
a. have undergone a shortest period of 2/3 (two per three) with a provision of 2/3 (two-thirds) of the penultimate 9 (nine) months;
B. Good behavior during the last nine (nine) last month counts before the date of 2/3 (two-thirds) of the criminal age;
c. have been following the coaching program well, persegood, and excited; and
D. The community can receive a Prisoner's coaching activities program.
(3) The unconditional release of the Child Child is granted after undergoing at least 1 (one) year of coaching.
(4) The granting of the Liberation Army is set to the Minister ' s Decision.
(5) The Conditional Exemption is revoked if the Prisoner or Child Didik Penitentiary violates the terms of the Liberation of the Terms as referred to in paragraph (2).
(6) The provisions of the revocation of the Unconditional Liberation as referred to in paragraph (5) are governed in the Regulation of the Minister.

9. In between Section 43 and Section 44 are inserted 2 (two) sections, namely Section 43A and Section 43B that reads as follows:

Section 43A
(1) Exemption Exemption for convicts convicted of committing terrorism, narcotics and precursors of narcotics, psychotropic, corruption, crime against state security and heavy human rights crimes, as well as other organized transnational crimes, in addition to having to meet the requirements as referred to in Article 43 of the paragraph (2) also must meet the requirements:
a. willing to cooperate with law enforcement to help dismantle the criminal acts that it does;
B. has undergone at least 2/3 (two thirds) of criminal, with two-thirds (two per three) of the criminal period at least nine (nine) months;
c. have undergone at least 1/2 (one per two) assimilation of the remainder of the mandatory criminal term; and
D. has shown awareness and regret for the errors that led to being sentenced to criminal and declaring a pledge:
1) loyalty to the Unity State of the Republic of Indonesia in writing to the Prisoner of the Citizen of Indonesia, or
2) will not repeat the act of criminal terrorism in writing for the Prisoner of Foreign Citizen,
Convicted of committing a terrorism criminal.
(2) The convict who is convicted of committing a felony drug and a precursors of narcotics, psychotropic as referred to in verse (1) applies only to a convict who is convicted of a prison criminal of the shortest 5 (five) years.
(3) The willingness to cooperate as referred to in paragraph (1) the letter a must be stated in writing by the law enforcement agency in accordance with the provisions of the laws.

Section 43B
(1) The unconditional Liberation as referred to in Article 43A paragraph (1) is granted by the Minister after obtaining the consideration of the Director General of Corrections.
(2) The Director General of Corrections in giving consideration as referred to in paragraph (1) is obliged to pay attention to the interests of security, public order, and the sense of public justice.
(3) The Director General of Corrections in giving consideration as referred to in paragraph (2) is required to request a recommendation from the associated instance, that is:
a. The State Police of the Republic of Indonesia, the National Agency for the Terrorism, and/or the Attorney General in the event of a convict were convicted of terrorism, crimes against the security of the state, the crimes of human rights that are severe, and/or other organized transnational crimes;
B. The State Police of the Republic of Indonesia, the National Narcotics Agency, and/or the Attorney General in the case of the convict are being convicted of drug crimes and precursors of narcotics, psychotropic; and
C. The State Police of the Republic of Indonesia, the Attorney General, and/or the Corruption Eradication Commission in the event of a convict are convicted of a corruption crime.
(4) The recommendation as referred to in paragraph (3) is delivered in writing by the corresponding instance in the most prolonged period of 12 (twelve) business days since the receipt of the recommendation request from the Director General of Corrections.
(5) In terms of the time limit as referred to in paragraph (4) the related instance does not deliver a recommendation in writing, the Director General of the Correctional Service convees the Unconditional Release consideration to the Minister.
(6) The provisions of the manner of the granting of the Unconditional Liberation as referred to in verse (3) are governed by the Ordinance of the Minister.

10. The provisions of Article 54A are changed so that it reads as follows:

Article 54A
At the time this Government Regulation is in effect, all laws that are the implementation of the Government Regulation No. 32 of 1999 on the Terms and Conditions of the Conduct Of The Rights Of The Citizens Of The Penitentiary are the terms of the Agreement. Amended by the Government Regulation No. 28 of 2006 on the Changes to Government Regulation No. 32 of 1999 on the Terms and Conditions for the implementation of the Rights of the Citizens of the Corrections, are stated to remain in effect as long as it does not contradict. or have not been replaced with a new one based on this Government Regulation.

Section II
This Government Regulation shall come into effect on the date of the promulctest.

In order for everyone to know it, order the invitational of this Government Regulation with its placement in the State Sheet of the Republic of Indonesia.

Set in Jakarta
on November 12, 2012
PRESIDENT OF THE REPUBLIC OF INDONESIA,

-DR. H. SUSILO BAMBANG YUDHOYONO

Promulgated in Jakarta
on November 12, 2012
MINISTER FOR LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN