KEBIJAKAN FORMULASI HUKUM DALAM PEMBERIAN PEMBEBASAN BERSYARAT BAGI NARAPIDANA YANG MELAKUKAN PENGULANGAN TINDAK PIDANA

Abstract

Parole is the process of the construction of the prisoners outside the correctional after undergoing 2/3
(two-thirds) of at least 9 months criminal period. In granting parole inmates must meet the specified
requirements, and there is also a trial period which must be met by the inmates, when inmates violate then his
exemption can be revoked and must live the remainder of the punishment has yet to be lived, his own parole
contained in Article 15 of the BOOK of law CRIMINAL LAW up to Chapter 16 of the BOOK of law
CRIMINAL LAW and in Article 14 of the letter K Act No. 12 of 1995 Correctional settings, and furthermore
contained in the Regulation of the Minister of Justice and human rights no. 3 Year 2018 on the terms and
procedures for the implementation of cultural assimilation, on leave visiting family, leave towards the free,
Conditional Parole and Furlough.
One of the problems occurred regarding the granting of parole is the absence of a clear settings and
restrictions in granting parole against inmates who do the repetition of criminal acts (residivis), which is
contained in the regulations.This research uses the normative or legal research typology also called with a
particular doctrinal legal research discusses the legal basis of despair. In the study authors use research
deskriktif properties, because the author describes the policy formulation of the law in granting parole to
inmates who do the repetition of criminal acts.
The results of the research conducted by the author is there is a lack of clarity and restrictions in
granting parole against inmates who do the repetition of criminal acts. The absence of a clear arrangement
makes the inmates such as pleasantness and no deterrent in doing the repetition of criminal acts. so it needs to
be established and regulations clearly and logically as well as ideal in granting parole against inmates who
do the repetition of criminal acts. This is necessary in order to create legal certainty for inmates who are
doing the repetition of criminal acts.
Keywords: Policy formulation, Parole, Recidivis.