腐败犯罪行为被动解除准予制度的实施

Ahmad Nur Kholis, Rakhmat Bowo Suharto
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引用次数: 0

摘要

有条件释放是每个在教养机构服刑的罪犯的权利之一,包括犯有腐败犯罪行为的罪犯。2012年第99号政府条例颁布以来,从社会正义感出发,严格了腐败犯罪罪犯假释条件。本研究旨在审查和分析三宝垄一级监狱对腐败犯罪行为罪犯假释规定的执行情况,以及在执行过程中面临的障碍。本研究采用实证法学方法和分析描述性研究方法。使用的数据是通过访谈,观察法和文献法获得的一手和二手数据。研究结果得出的结论是,三宝垄一级监狱根据2012年第99号政府条例的规定实施了对腐败犯罪行为罪犯的假释规定。在实践中,并不是所有腐败犯罪的罪犯都能获得假释,因为条件不满足。贪污犯罪行为罪犯假释条款在实施过程中遇到的障碍包括:罪犯无力支付罚款和(或)补偿款;社会工作同化的实施必须涉及第三方作为申请假释的条件;另一法律中执法人员作为司法合作者的信息的存在。为了克服这些障碍,可以通过在释放前协调和提出休假来完成。
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The Implementation of Passive Removal Granting for Corruption Criminal Acts
Conditional release is one of the rights of every convict who is serving a prison sentence in a Correctional Institution, including convicts of criminal acts of corruption. Since the issuance of Government Regulation Number 99 of 2012, the conditions that must be met in granting parole for convicts of criminal acts of corruption have been tightened on the basis of a sense of community justice. This study aims to examine and analyze the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang, as well as the obstacles faced in its implementation. This study uses an empirical juridical approach with analytical descriptive research methods. The data used are primary and secondary data obtained by interview, observation and literature methods. The results of the study concluded that the implementation of the provision of parole for convicts of criminal acts of corruption at the Class I Penitentiary in Semarang was carried out in accordance with the rules of Government Regulation No. 99 of 2012. In practice, not all convicts of criminal acts of corruption can obtain parole because the conditions are not met. Obstacles experienced in the implementation of the provision of parole for convicts of criminal acts of corruption include: convicts are unable to pay fines and/or replacement money, the implementation of social work assimilation must involve third parties as a condition for proposing parole and the existence of information as a justice collaborator from enforcement officers in another law. To overcome these obstacles, it can be done by coordinating and proposing leave before being released.
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