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SUPRAYOGIE, HANIF (2008) ANALISIS YURIDIS-SOSIOLOGIS TERHADAP PEMBEBASAN BERSYARAT BAGI NARAPIDANA(Studi di Lembaga Pemasyarakatan Klas I Malang). Other thesis, University of Muhammadiyah Malang.


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In prisoner development, one of the form was conditional exemption,that was prisoner return to society to be a good and useful person where he should fulfill certain conditions before he finished his punishment age. The writer interesting to reveal how the conditional exemption process and what criterion should be fulfilled by the prisoner in getting conditional exemption. The writer here tried to reveal the conditional exemption procedure in Class I Prison Malang also what criterion should be filled by the prisoner to get conditional exemption. The method used here was qualitative descriptive with data collection with interview, observation, and documentation. In data analysis, the writer used descriptive analysis. From the writer’s research, the conditional exemption procedure were: (1)data listing of all prisoners which decided to be punished by the court which had fix-legal power; (2) preparing the conditional exemption concept for prisoner who fulfilled the condition to be given a conditional exemption; (3) preparing the file of conditional exemption; (4) making conditional exemption for the Chief of Law and Human Rights Department in East Java; (4) After granted the decision letter from the Chief of Law and Human Rights Department in East Java, it was stated by all prisoners. The inhibition in conditional exemption were: (1) not proper supporters institutions; (2) the prisoner had broken the rule but still be given a conditional exemption; (3) if there was any violation, punishment rate still couldn’t be understood by the prisoners in Class I Prison Malang. The efforts which was done to reveal the inhibition were: (1) doing cross check between prison with the supervisory judges for conditional exemption; (2) more selective in giving conditional exemption by paying attention to the conditional exemption. The criterion for the prisoner were fulfilling administrative conditions, they were: (1) having status; (2) family guaranteed; (3) guarantee from chief of village and chief of sub-district; (4) guarantee from victim’s family; (5) letter of health condition. While the general criteria of conditional exemption was relative, depended on the prison. In general, the criteria was good attitude. Along this time, the conditions of conditional exemption could be saidsubjective according to the decision of Prison Institution. There should be certain standard from the government which describe how the procedure of conditional exemption so that the conditional exemption could be done in objective way and in-transparent in Prison Institution scope. From the research, conditional exemption has certain effect to the law effectiveness.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Rayi Tegar Pamungkas
Date Deposited: 14 Jun 2012 03:05
Last Modified: 14 Jun 2012 03:05

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