PROBLEMATICS OF REQUIRED LIBERATION OF FOREIGN CITIZENS AND ITS SUPERVISORY MECHANISMS

PROBLEMATIKA PELAKSANAAN PEMBEBASAN BERSYARAT BAGI WARGA NEGARA ASING DAN MEKANISME PENGAWASANNYA

Abstract

Indonesia is a country that places law as the only rule to play in society, nation and state. To  limit freedom which is a human right, legal rules arise which aim to regulate public order, one of  which is criminal law, which is a sanction law. Prison sentences in Indonesia, better known as correctional services, are one of the sanctions  that aim to create a sense of suffering for the convicted person for losing freedom of movement, 

guiding convicts to repentance, educating him to become a useful member of Indonesian socialist  society. One of the products of Corrections in realizing this is through parole, which is not only valid  for Indonesian citizens but also for foreign nationals. Immigration as a state apparatus that handles  foreigners both related to traffic and its supervision while in the Indonesian territory cannot be  separated from the issue of parole for foreign inmates, especially in matters of residence permit and  supervision. 

The author concludes that the mechanism for the implementation of Conditional Exemption  and its supervision for foreign nationals is still considered ineffective because it is not in accordance  with the principle of selective policy. In addition, the coordination carried out between Immigration  and Correctional Services in the provision of parole to foreigners is only limited to fulfilling the  conditions for the provision of parole for foreign citizens (administrative), but regarding the  implementation of supervision there is no clear coordination where each institution only runs  individual duties and functions.