Conditional Release for Corruptors: Where Does Justice Lie?

Legal Literacy - In recent times, the term conditional release has once again been widely discussed in the Indonesian public sphere. Whenever a prisoner in a major case, especially one involving corruption, is released from prison with conditional release status, public attention is immediately drawn to the policy. It is not uncommon for the public to question whether conditional release is a form of recognition of prisoners' rights, or whether it actually injures the public sense of justice that is expected? This question is what makes this issue always interesting to discuss, because it concerns the balance between law, human rights, and social justice.

What Is Conditional Release and What Is Its Purpose?

In simple terms, conditional release is a legal mechanism that allows prisoners to leave prison before their sentence ends, under certain conditions. This provision is regulated in Law Number 22 of 2022 concerning Corrections and its derivative regulations. The main objective of this policy is actually noble, namely to provide an opportunity for prisoners to return to society through a process rehabilitation and social reintegration, not merely punishment. The state does not want to trap prisoners in a cycle of criminality, but rather to return them to being productive citizens.

Why Does Conditional Release for Corruptors Always Reap Criticism?

However, in practice, parole is not always viewed positively. Public criticism arises when this policy is applied to prisoners in major cases, such as corruption or other serious crimes. Many in society consider this policy too “lenient” towards perpetrators of crimes that harm the state and the people. This is where a gap emerges between normative rules and the public sense of justice. Normatively, every prisoner, including corruptors, has the same right to receive guidance and parole. However, in the public perception, corruption is an extraordinary crime (extraordinary crime) ) whose impact destroys public trust and harms future generations. When a corruption convict receives a reduced sentence, the public sense of justice feels violated.

Legal Dilemma: Balancing the Rights of Prisoners and Public Justice

The state faces a dilemma. On the one hand, the government is obliged to protect the rights of prisoners as human beings, including the right to guidance and a second chance. On the other hand, the state must also maintain the public's sense of justice so that the law retains its authority. If it is too harsh, the state potentially violates human rights principles. But if it is too lenient, public trust in the legal system could further decline, considering the law only sharp downwards but blunt upwards.

3 Solutions to Make Conditional Release Policies More Fair and Transparent

To get out of this dilemma, there are several steps that need to be considered to build a better system.

1. Increase Transparency. The main principle in granting parole must be transparency. The process and conditions that the prisoner has fulfilled must be published openly, so that the public can assess its validity for themselves.
2. Differentiate Criminal Treatment. The government needs to differentiate the treatment between ordinary crimes and extraordinary crimes. For cases of corruption or crimes against humanity, the conditions for granting parole must be much stricter. This is important so that the public sees that the state provides proportional treatment.
3. Conduct a Thorough Evaluation. There needs to be a data-based evaluation of the impact of parole. Are prisoners on parole able to reintegrate back into society without repeating their actions? Evaluation will help improve this policy so that it is not just a formality.

Conclusion: Finding Common Ground for Justice in Conditional Release Rules

Parole is basically a policy born out of a spirit of humanity. However, if applied without regard to the social context, this policy actually creates public distrust. Therefore, it is important for the government to maintain a balance between the rights of prisoners and the public's sense of justice. If the parole policy can be managed fairly, transparently, and proportionally, it is not only a way out for prisoners, but also an entry point for the public to regain confidence in the legal system in this country.