在印度尼西亚的惩教系统中培养囚犯

Syahroni Ali, Sukamto Satoto, Helmi
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摘要

教养制度是以潘查希拉(Pancasila)为基础,对教养人员的教养方向、教养限度和教养方式做出的规定,通过教养人员、被教养人员和社区三者之间的整合,提高教养人员的素质,使他们认识到自己的错误,自我完善,不再重犯,从而重新被社区接纳,积极参与发展,作为负责任的好公民合理地生活。然而,矫正制度的执行质量并不理想,仍然是公众关注的焦点。矫治系统的不理想实施影响了被拘留者和囚犯的待遇质量,以及随之而来的战术问题的出现。监狱中的暴乱、监狱内部控制的贩毒网络、激进思想的滋生、服务歧视、过度拥挤等各种问题都对实现惩教系统的目标造成了极大的困扰。本研究属于规范性司法研究。本研究侧重于从理论、原则、概念、法律学说和实在法规则的内容等方面考察规则或规范的适用情况。本研究和学位论文研究采用的方法有概念方法、法规方法、比较方法和案例方法。研究结果表明,囚犯的发展可以通过政策计划来实现,其中包括同化和重返社会。此外,还可以通过振兴。惩教实施的振兴是一种努力,以优化惩教的实施,作为被拘留者、囚犯和客户的一种待遇形式,以及保护证据的所有权。
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Fostering Prisoners in the Correctional System in Indonesia
The correctional system is an order regarding the direction and limits and ways of fostering correctional prisoners based on Pancasila, which is carried out in an integrated manner between the coach, the fostered, and the community to improve the quality of correctional prisoners so that they realize their mistakes, improve themselves, and do not repeat criminal acts so that they can be accepted back by the community, can actively participate in development, and can live reasonably as good and responsible citizens. However, the quality of the implementation of the correctional system is not optimal and is still in the public spotlight. The suboptimal implementation of the correctional system has an impact on the quality of treatment of detainees and prisoners, as well as the emergence of tactical problems that then surface. Various problems such as riots in prisons, drug trafficking networks controlled from within prisons, the growth of radical ideas, service discrimination, overcrowded, and others are very disturbing in achieving the objectives of the correctional system. This research is normative juridical in nature. This research focuses on examining the application of rules or norms in terms of theoretical, principles, conceptions, legal doctrines and the content of positive legal rules. The approaches used in this research and dissertation research are conceptual approach, statute approach, comparative approach and case approach. The results of this research, the development of prisoners can be through policy programs that include, assimilation and social reintegration. In addition, also through revitalization. Revitalization of Correctional Implementation is an effort to optimize the implementation of the correctional as a form of treatment of detainees, prisoners and clients as well as protection of ownership rights to evidence.
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