Fulfillment of the Right to Reduction of Prison Sentence for Drug Convicts

This study examines the fulfillment of remission rights for drug offenders in Indonesia following the enactment of Government Regulation No. 99 of 2012, which introduced restrictive provisions inconsistent with the rehabilitative vision of Law No. 12 of 1995. The research problem lies in the normative contradiction between correctional laws oriented toward behavioural reform and derivative regulations that prioritise punitive measures. The study aims to evaluate the implementation of remission regulations and their alignment with principles of justice and human rights. Employing a normative legal research design, it analyses statutes, judicial decisions, doctrines, and comparative law. Findings reveal that remission has shifted from a universal right to a conditional privilege, disproportionately affecting low-level drug offenders, exacerbating prison overcrowding, and weakening legal certainty. The study concludes that policy reform is necessary through individualised assessments, restorative justice integration, independent oversight, and regulatory harmonisation to restore fairness and uphold human rights.

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Publication Details

Journal
Journal of International Multidisciplinary Research
Published
2025-09-23
DOI
https://doi.org/10.62504/jimr1375
Primary Topic
Legal and Social Justice Studies
Type
article
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article

Fulfillment of the Right to Reduction of Prison Sentence for Drug Convicts

Fathul Hamdani, Hartoyo Hartoyo, Fitri Ayuningtyas, Amas Madina et al.
Journal of International Multidisciplinary Research
Legal and Social Justice Studies
article

Fulfillment of the Right to Reduction of Prison Sentence for Drug Convicts

Fathul Hamdani, Hartoyo Hartoyo, Fitri Ayuningtyas, Amas Madina, Siti Marwiyah
article en

Abstract

This study examines the fulfillment of remission rights for drug offenders in Indonesia following the enactment of Government Regulation No. 99 of 2012, which introduced restrictive provisions inconsistent with the rehabilitative vision of Law No. 12 of 1995. The research problem lies in the normative contradiction between correctional laws oriented toward behavioural reform and derivative regulations that prioritise punitive measures. The study aims to evaluate the implementation of remission regulations and their alignment with principles of justice and human rights. Employing a normative legal research design, it analyses statutes, judicial decisions, doctrines, and comparative law. Findings reveal that remission has shifted from a universal right to a conditional privilege, disproportionately affecting low-level drug offenders, exacerbating prison overcrowding, and weakening legal certainty. The study concludes that policy reform is necessary through individualised assessments, restorative justice integration, independent oversight, and regulatory harmonisation to restore fairness and uphold human rights.

Journal of International Multidisciplinary ResearchVol. 3(9)
Universitas Dr. Soetomo (ID)
Openalex Percentile: Top 60%
Legal and Social Justice Studies
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