PEMBEBASAN  BERSYARAT dan PEMBEBASAN  MURNI/MUTLAK

 

Menurut Pasal 12 huruf k dalam UU Nomor 12 Tahun 1995 tentang Pemasyarakatan, jo.  Peraturan Pemerintah Nomor 99 Tahun 2012 tentang Perubahan Kedua Atas Peraturan Pemerintah Nomor 32 Tahun 1999 tentang Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan, ditentukan bahwa Pembebasan Bersyarat adalah bebasnya narapidana setelah menjalani sekurang-kurangnya dua per tiga masa pidana, di mana dua per tiga masa pidana tersebut tidak kurang dari 9 bulan”.

Pembebasan  Bersyarat  dikenal di hampir semua sistem peradilan pidana. Sistem hukum di Inggris dan Amerika Serikat mengenalnya dengan sebutan parole, sedangkan di Belanda menyebutnya vervroegde invrijheidstelling.

Pembebasan Bersyarat  wajib diikuti dengan pembinaan dan pengawasan dari Balai Pemasyarakatan. Narapidana yang bersangkutan  harus secara teratur melapor pada waktu-waktu yang ditentukan. Ketentuan ini dipersyaratkan bahwa apabila si Terpidana  kembali melakukan tindak pidana selama masa Pembebasan Bersyarat berlangsung, ia harus dihukum kembali dengan ditambahkan masa sisa pidana yang belum dijalani.

Pembebasan Murni atau Pembebasan Mutlak yaitu apabila Terpidana telah menjalani seluruh masa pidana sebagaimana ditentukan dalam putusan pengadilan, maka Terpidana tersebut harus bebas demi hukum.

Created and Copy Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002


About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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