Pemberian Remisi Kepada Narapidana Militer Sebagai Wujud Persamaan Hak Bagi Warga Negara di Hadapan Hukum

Abstract

In Article 14 letter (i) of Law Number 12 of 1995 concerning Corrections: "Convicts have the right to receive a reduction in their criminal term (remission)." However, in reality the fulfillment of the right to remission for convicts has not been implemented properly due to administrative/procedural obstacles such as not providing Remission for convicts by the Minister of Law and Human Rights because the Ministry of Law and Human Rights believes that granting remission to convicts is not within its authority, but is the authority of the TNI Commander. The purpose of this research is to provide an academic opinion so that it can be in line with the concept of the rule of law in Indonesia, especially the principle of equality before the law (the principle of equality before the law) as mandated in the Constitution Article 27 paragraph (1) of the 1945 Constitution, so that it leads to Issuance of regulations governing the implementation of granting remissions to military prisoners. The descriptive approach used in qualitative research aims to collect data systematically, quickly and factually according to the description when conducting research. The results of this research show that the granting of authority to the TNI Commander can only be carried out if the Military Corrections Law has been issued. Considering the importance of structuring the military correctional system, including the provision of remissions for convicts, support from various competent parties is needed to encourage the Military Corrections Bill to become a priority so that it can be immediately ratified along with its derivative regulations.