ASSIMILATION POLICY: AN IMPLEMENTATION OF PRISONERS RIGHTS IN THE COVID-19 PANDEMY

It cannot deny that the prisoner’s assimilation policy discharge by Menteri Hukum dan HAM Republik Indonesia Yasonna Laoly in the Covid-19 pandemic emerged dilemmatic friction. For some people, the prisoner’s releasing policy by assimilation and integration in the Covid-19 pandemic is unreasonable in the amid of a large number of people who have been laid off or laid off for an indefinite period. In the mind of these people, the prisoner’s releasing policy will increase the number of unemployment that also will push the number of recidivism and will increase the number of crimes. Besides that, there also fear to emanate from the anti-corruption activist that is worrying the policy will mutatis mutandis with the corruption prisoner policy (https://news.detik.com/kolom/d-4986280, Dinda Balqis:2020). Based on Utang Rosidin et.al public apprehensive about the Menkumham policy is not appropriate to squab the Covid-19 transmission are not baseless. From the public viewpoint, they assume that the prisoners will be better and safe when in prison rather than outside and risk to the prisoner’s to Covid-19 transmission, besides the public mindset assume the potential of assimilation and integration prisoner’s re-committing crime.

Furthermore, that public restless extremity with a sued to the Menkumham assimilation and integration policy. For example in Surakarta, where some law activist which is fuzed in the civil society circle put forward a sued to Pengadilan Negeri Surakarta with an argument that policy already creates fidgety to the people in the corona pandemic. Through the Ketua Umum Yayasan Mega Bintang Indonesia 1997 Boyamin Saiman, this civil society circle demands the withdrawn of assimilation prisoners to restore the community sense of security and recommend a strict psychotic and selection for assimilation (www.cnnindonesia.com). Based on Boyamin Saiman, the prisoner’s releasing policy should be based on reasonable and firm requirements such as the prisoner well behave when in prison based on correctional institution record. In this context, the defendants considered wrong for not apply firm requirements, without examining the prisoners with a psychotic and make them become recidivism after release.

Refer to reviews emerged a little number of restless thoughts about the prisoner’s assimilation and integration policy in the Covid-19 pandemic then it is necessary to review from a theoretical point of view. In the hope, the review will open up community insight about the policy that also contain a prisoner right. There is a proverb that saying "if you do not savvy then you do not love" that's why we need to acquaint the assimilation of prisoners in the ordinary situation nor the pandemic.

WHAT IS ASSIMILATION?

The assimilation terms originated from the assimilare, a Latin word which means “become the same” (D. Hendrosuprapto, 1989:238). In the Kamus Besar Bahasa Indonesia (KBBI), assimilation means adjustment (fusion) of the original nature that is owned by the characteristic of the surrounding environment. In the scholar's understanding, Koentjaraningrat interprets assimilation as a social change process in society that occurs because of solemn and continuous development and the relationship of social interactions (1996:136). Paul B Horton and Chester L Hunt interpret assimilation as a social process that is happening in the next level. That process marked by an effort to reduce differences contained in individuals and groups of humans (1990:625). Thus, assimilation can be known as a process, which depends on what kind of difference to reduced.

In the legal context, assimilation is an incorporated process for the prisoners before they released to the society which regulated in Permenkumham Number 03, 2018 concerning terms and conditionally about remise, assimilation, family visit, parole, leave before released, conditional furlough especially in Article 1 number 4. Base on the legal context, assimilation as a phase is given to prisoners to prepare them to live in the community. Through assimilation, prisoners would be capable of recycling and fuse with society and naturally according to the community order. Assimilation is done by creating a factual situation and condition of a real community and will teach prisoners to live as naturally as the community itself. It other words, prisoners will be minded to return amid their society and community as a guidance part of the fostering prisoners, the assimilation will inevitably, like or not, the assimilation will continue to carry out the prisoners who are going to release (integration).

Assimilation is the prisoner’s right. Regard that every prisoner has the same right to assimilate excluded specified in PP No. 99, 2012. Whereas assimilation is the prisoner's right does not mean it can give to prisoners easily several requirements must be fulfilled as stated in Article 43 sec 2 and Article 48 sec 2 of Permenkumham No. 03, 2012, and also equipped with administration requirements. Permenkumham also provides a limitation that not given to assimilate for those who in life threatened and undergo life sentences. Therefore, it must apprehend that assimilation is not easy to submit as people think in general. As a process of Pemasyarakatan, prisoners should pass assimilation before return to society.

PRISONER’S ASSIMILATION IN THE COVID-19 PANDEMIC

The provision of assimilation to prisoners during the Covid-19 pandemic can be appreciated positively by the community because the government has taken a major step in efforts to prevent and reduce the possibility of spreading Covid-19 in prison and infecting prison officials and also several prisoners. The possibility of the spread of Covid-19 in prisons should indeed be watched out considering the condition of most prisons in Indonesia experiencing over capacity or over capacity which results in the difficulty of applying health protocols in preventing the spread of Covid-19 such as as protocols for maintaining distance. Besides, Michelle Bachelet, a UN Commissioner in the field of human rights, said that prison is the riskiest place for the spread of Covid-19 because most prisons are not habitable due to overcapacity. In this case, the United Nations considers that the policy to keep distance becomes impossible in addition to the placement of prisoners in a dirty environment and minimal health facilities. Based on that, then the UN urged the governments of member countries to release prisoners who are at low risk and into vulnerable categories such as elderly prisoners and prisoners who suffer from illness (https://katadata.co.id/berita/2020/04/09).

Some countries in the world seem to heed the United Nations' suggestions and insistence on the release of prisoners during the Covid-19 pandemic. For example, Italy which permits early release of prisoners with a prison term of fewer than 18 months. Germany also reported had been release 40 prisoners and put off the captivity to those who receive sentences fewer than three years. Next is the UK also states their will to release prisoners with two months or less remaining custody through this policy 4000 prisoners in England and Wales will release during the Covid-19 pandemic. The rest are Iran, Bahrain, Israel, and India also made an effort to release prisoners during the Covid-19 pandemic (https://katadata.co.id/berita/2020/04/09). All countries, in principle, are prioritized to preventing the Covid-19 spreading in prisons and risk other parties and damaging many people's healthiness.

Refer to that, the prisoners releasing policy during the Covid-19 is a positive effort or a rational policy discharge by the government to preventing the Covid-19 spreading in prison. As is known, health is a human right for everyone. In this case, every person without exception prisoners have the right to live healthily and also get guaranteed health protection. The Indonesian state in principle has provided such guarantees as stated in Article 28H of the 1945 Constitution which explicitly states that "every person has the right to live in peace and harmony, to live, and to have a good and healthy environment, and to have the right to health services". Therefore it is only natural that the Indonesian government prioritizes the health of Indonesian citizens include the health of prisoners. Aside from being a form of guarantee of health protection provided by the state, giving assimilation to prisoners is also a form of respect for human rights in particular the right to life and health.

Related to that, quoting the results of the interview with Lia Harahap journalist merdeka.com with Menkumham Yasonna Laoly, discovered that the primary consideration for the issuance of the assimilation policy during the Covid-19 pandemic is the beside the prison overcapacity another reason is humanity. Yasonna Laoly also reminded that although these prisoners are prisoners, according to the law they still have the right, the right to education, and the right to health protection. Yasonna Laoly described the current prison situation where a 5x6 room inhabited with 80 prisoners if they were infected with the coronavirus the impact would be terrible. Yasonna Laoly asserted that if the correctional institution gets infected it will be difficult to forgive yourself for not taking preventative action. Regarding the provision of assimilation to inmates, Yasonna Laoly state not done carelessly. There has been an initial study conducted by the ministry and is always reported to the president to ensure that the granting and implementation of this assimilation is right on target (https://www.merdeka.com, Lia Harahap: April 22, 2020 ).

Yasonna Laoly statement shows that the prisoner assimilation policy during the Covid-19 pandemic already thought through and has through a long process.  In other words, all the positive and negative consequences that have arisen have considered and resolved. For example, if there are inmates who have returned to commit crimes, Yasonna Laoly said that she had prepared a legal mechanism. Prisoners who receive assimilation are also given the obligation to report themselves regularly and thus will supervise by Lapas, Bapas, and others concerned. In other words, the assimilated prisoner is still under surveillance.

ICJR Director Erasmus Napitupulu  stated that public restless towards the provision of prisoners' assimilation is a natural thing. Erasmus also considered the public worried is too excessive. In his observation, the public needs to know that the number of released prisoners and give assimilation is fractional due to an overcapacity situation in prison. It also means that assimilation will not reduce the overcapacity condition yet and the prison will remain full. If the community worried about recidivist (repeating crime). Erasmus said that in Indonesia the possibility of prisoners returning to repeating criminal acts is still relativity small. He revealed his statement based on ICJR 3 years data wherein from 2016 until now only 10.18 percent of prisoners were repeating a criminal act. Whereas for this pandemic, Erasmus referred to data from the Directorate General of Corrections of the Ministry of Law and Human Rights known that from around 35 thousand inmates and children released with integration, as of 16 April 2020 19 assimilation inmates returned to crime (https://www.tribunnews.com/corona/2020/04/18/).

So the public should not be overly worried about this assimilation policy. The hasty attitude in evaluating this policy is not appropriate to issue during the pandemic also needs to be suppressed. The provision of assimilation to prisoners becomes the implementation of protection for prisoners' health also a prisoner's right during the pandemic. Assimilation provision during the pandemic is an implementation of human rights in the case that prisoners also have the right to live a healthy life like other people who are not prisoners. If assimilation is not given then prisoners and prison officers have a high risk of coronavirus exposure and if it is already exposed then our refusal makes us responsible for the incident, is that what we want?

For this reason, it is not appropriate if we emotionally judge that this assimilation policy will harm social life. We need to touch our sense of humanity in viewing this assimilation policy so that we will understand why this policy is best given to prisoners. We will find that the essence is the health and ensuring the health of everyone in the middle of the Covid-19 pandemic without exception. Assimilation is only one small step by the government in protecting the rights of fostered citizens from exposure to the coronavirus. LETS RESPECT  AND SUPERVISE