RETURNING THE RIGHTS OF COMMUNITY INSTITUTIONS
by Tim FH Unja
Today, the public is again shocked by crucial news which seems to have become a public secret. In fact, this illicit transaction has long been lodged in the body of Lapas (Penitentiary).
Various responses from the community have emerged since the OTT (Hand-Capturing Operation) of the Sukamiskin Chairperson, Wahid Husein, by the KPK (Corruption Eradication Commission) regarding alleged corruption selling luxury room facilities. Then, followed by a inspection by the Ministry of Law and Human Rights to Sukamiskin Prison agreed on the alleged corruption. The community must have wondered and disappointed with the law in this country which is still sharply down but blunt upwards. In fact, Minister of Law and Human Rights Regulation 6 of 2013 which briefly prohibits inmates from completing residential rooms with electronic devices.
Referring to the opinion of Didin Sudirman (2007) affirms that law enforcement by correctional means is an effort to humanize humans. That is, the peak of Lapas success is being able to change one’s behavior into a new person and especially be accepted back in society when they are free. This is in line with Article 2 of Law Number 12 of 1995 concerning Corrections.
Then the question, has Lapas in Indonesia succeeded in implementing it? Reflecting on this OTT event, the answer is not yet. With the sale transaction, this facility makes prisoners not deterred because they think that everything can be arranged with money.
According to Satjipto Rahardjo, in his book Law and Behavior confirms that “living well is a good legal basis”. So, actually the basis of the existence of legal order lies in the individual person in responding to the law itself. When individuals behave well, of course there will be no corrupt behavior. The author would like to say that this OTT event is not possible if the prison officer and his staff have a good life that promotes honesty and professionalism.
Then, how to form a good life? Basically everyone is good. There is no smoke if there is no fire. It is not taboo to be able to reach a position requiring a large enough rupiah. The author believes that the capture of Sukamiskin’s Kalapas was motivated by the rupiah he had been pouring into obtaining a position as Kalapas. When serving, it is not impossible that the desire to return the rupiah that has been issued is a priority. Moreover, he was known to have just served five months.
So, so that this case does not recur, the concrete things that need to be addressed in order to restore the prisoners as a place to humanize human beings are first, to improve the working system in prisons, especially to prison officials and their ranks. Bribes for the throne must be crushed. The only way is the commitment of prison officials and their staff to familiarize honest culture.
Secondly, related to the recruitment of prison officials, it is necessary to strengthen transparency and forbid KKN practices in the future. When a position is not the result of a bribe, surely the ranks of prison officials will work sincerely.
Finally, fix correctional facilities in accordance with their portions and prioritize equal treatment of all prisoners as whole human beings.