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Thread: What is Hukum Penitensier?

  1. #1
    Member misano's Avatar
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    Question What is Hukum Penitensier?

    I asked Atlantis personally about the mentioned subject and his replied suggests me to post here so people who understand will share and other who don’t know will get new information as well.

    After googling some sources, this is my understanding about - Hukum Penitensier/Legal Sanctions is norms or rules describe on how to execute the judge’s decision toward someone with punished status. In short, it’s about Pidana (criminal) and Pemidanaan (criminalization).

    However, I still need more information so I could fully understand on the subject. Anyone could explain on how the implementation is and the end user of this law? It’s much better with sample case. And it comes from what language - the origin of “penitensier”? Is it Indonesian or adopted - Dutch? As Indonesia is colonized by Dutch (most of Laws in Indonesia are influenced by Dutch’s laws) I assume it’s Dutch.

    So much appreciate for all sharing with many thanks.
    How people treat you is their KARMA, how you react is YOURS - Wayne Dryer.

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    The current Dutch word is penitentie, it is most often used as a description of a jail/prison. E.g. penitentiair verlof. It's the same as in English; penitentiary, which mean correctional facility.

    But as very often (with legal and medical terms), the word originates from Latin (paenitentia) and means more or less repentance and penance. It developed into the word punishment as in jail time.

    Can you elaborate a bit more of what kind of info you need? I don't understand the 'implementation and end user' statement.

    If you want to know from the Dutch version, which is called "recht voor gedetineerden", also called informally "penitentiair recht": Officially it's the jurisdiction which regulates the application and enforcement of criminal sanctions. They also use the word 'detentierecht' and it covers the rights of the inmates inside and outside of the prison walls. Examples are cohabitation (privacy, mail, free time), contacts with the outside world (telephone, visitors, probation), religion (ceremonies and activities), health issues, labor, etc. etc.
    Last edited by jstar; 02-07-13 at 17:26. Reason: some more info on Dutch law


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    Member misano's Avatar
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    I’ll give you case:

    Someone is alleged defamation action to another person. Consequently, the Judge will punish him. It can be acquittal, acquitted of all charges or punishment in jail. The final decision made by the judge is the object of Penitensier/penitentie/penitentiary. My question: who will observe/oversee that Penitensier has been executed well with respect to the right of the inmate? Is it lawyer or prosecutor?

    Regarding the origin of Penitensier in Indonesia, I still believe it is Dutch e.g. bangkrut (bankroet) komplit (compleet). If you refer Penitensier/penitentie/penitentiary in general I agree it comes from Latin.
    How people treat you is their KARMA, how you react is YOURS - Wayne Dryer.

  4. #4

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    Quote Originally Posted by misano View Post
    I’ll give you case:

    Someone is alleged defamation action to another person. Consequently, the Judge will punish him. It can be acquittal, acquitted of all charges or punishment in jail. The final decision made by the judge is the object of Penitensier/penitentie/penitentiary. My question: who will observe/oversee that Penitensier has been executed well with respect to the right of the inmate? Is it lawyer or prosecutor?

    Regarding the origin of Penitensier in Indonesia, I still believe it is Dutch e.g. bangkrut (bankroet) komplit (compleet). If you refer Penitensier/penitentie/penitentiary in general I agree it comes from Latin.
    "Hukum Penitensia" is one of subjects of law study in Indonesia.

    It focuses on studies of categorization of acts that is considered as an act of crime. Examining wether an act to be consider as 'villainy' or 'violation'; weighing the sentence in proportion (wether it will be detainment, imprisonment, fine, or anything else).

    Hukum Penitensia, in Indonesia, applies because Indonesia adopts european continental discipline. Which the core principal is "nullum delictum nulla poena sine praeviae legae poenali" (No penal act is punishable without prior law regualing for such).

    In Defamation (310 Indonesia Penal Code): "Anyone who intentionally attacking the honor or reputation of the accused of a thing, with the clear intention that it was common knowledge, threatened because of defamation with imprisonment of nine months or a maximum fine of four thousand nine hundred Rupiah."

    The sentence punishable by this code is improsenment as in Jail (penjara), this usually intrepeted as 'villainy' crime, not 'violation' crime. Nonetheless the maximum sentence is not more than a year. Hence this code may also be interpreted as 'violation', whicht gives the type of imprisonment can be like detainment (in a precinct cell). Also the fine does not necesarrily that much, it can be higher depending on judges decision. Especially in supreme, the vardict will automatically become Law, this is called "Jurisprudence" (Indonesia does not subcribe to 'presendence').

    Then according to Article 72, 313, and 311, that Article 310 can be enforced against the perpetrator with direct complaint from the victim thru Police Report.

    Thus in matter relating to your question, "who will observe/oversee that Penitensier has been executed well with respect to the right of the inmate?" That would be the prosecutor. Nonetheless in practice, the lawyer would be better to also overlook the enforcement.

    Example: if someone in this Forum, makes incrimination against you, that made you feel your honor had been violated, it is up to you to choose to file Police Report (complaint) or not. This code has recently increased in sanction thru Law of Information and Electronic Transactions, with maximum imprisonment up to six years.

    BUT, you need to differentiate between "Penitensier" and "Hukum Acara Pidana" (Due Process of Law). What you are questioning is actually regarding the Positive Law (Ius Constitutum / Hukum Acara Pidana), while Penitensier is actually a discipline of study.

    I may be incomplete in this information, because it has been 13 years since i graduated. But i hope this can be useful for your insight.

  5. #5

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    One more thing. Penitentsia is bahasa absorption from Penitentie (Dutch), but the origin is Latin, "paenitentiam". In english is penance or repentance. Literally in bahasa Indonesia is "Tobat".

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