TEMPO.CO, Jakarta - The outbreak of violence at Banceuy Penitentiary in Bandung, West Java two weeks ago deeply affected Justice and Human Rights Minister Yasonna Hamonangan Laoly. The incident might have appeared ordinary in the rough-and-tumble world inside Indonesian prisons, given that the death of inmate Undang Kosim triggered the violence. Nevertheless, it was the third of such incidents in 2016 alone.
Yasonna found the root of the problem to be commonplace: the number of inmates exceeding the limited capacities of Indonesian prisons and the shortage of prison personnel. He admitted frankly that conditions in Indonesian prisons were unacceptable. "They're very inhumane," he said in a recent interview in his South Jakarta office last week.
Yasona, a member of the Indonesian Democratic Party of Struggle (PDI-P), wants to do something to address the festering problem. Despite a tight budget, he promised to build new cell blocks to hammer away at the overcrowding problem. Although he realizes it will unlikely solve the problem in the long run, "At least, inmates won't have to sleep cheek by jowl," said the 62-year-old minister.
During the two-hour interview with Tempo reporters Tulus Wijanarko, Abdul Manan and Raymundus Rikang, Yasona talked in the company of two staffers: a legal expert and a public relations officer. Excerpts:
Violence in prisons has broken out again and again, the last being at Banceuy Penitentiary last month. Did the arrogance and harsh treatment of prison personnel really trigger the episode?
Well, the personnel were arrogant and they did use extreme force during the Banceuy incident. Perhaps it was excessive. What happened was that an inmate, who was suspected of bringing drugs inside, was pursued by the officers into a bathroom. Yet, no evidence was found on him, maybe because he had thrown it in the water. But the officer was sure he had brought drugs in because they had been observing him for some time. After Friday prayers, officers carried an unscheduled inspection, but once again, nothing could be found. In the end, a urine test was carried out and one inmate turned out positive.
That doesn't explain how inmate Undang Kosim ended up dead.
Well, the problem began with the urine test. Afterward, officers pressed the inmate who tested positive to reveal the name of his supplier and the source of his drugs. Such operations are a big threat to inmates who were still dealing drugs.They are the people who provoked the riots. I have given instructions that inmates still dealing in drugs be identified and moved out to a remote prison so their networks can be cut.
There have been similar riots at Malabero Penitentiary in Bengkulu and in Bali's Kerobokan Penitentiary. What is wrong with our prison system?
The problem with our correctional facilities is very serious. There are two basic issues: too many inmates and not enough minders.
The problem of overcrowding in prisons is found in big cities like Jakarta and Medan. Today, the capacity in our prisons is 119,000 inmates, but the fact is that they often take in up to 180,000. The prison in Medan is hellish, while in Jakarta's Salemba Penitentiary, inmates use corridors and toilets as places to hang out. This is too much. I once invited members of the National Commission on Human Rights (Komnas HAM) to look at such conditions, and they were shocked, saying that (the situation) was inhumane.
We also have a shortage of wardens. Take the Medan prison, which contains 3,500 inmates and is managed by only 17 wardens. The problem becomes evident when visiting time comes around. Only two prison officials are able to monitor the visitors' traffic, making it easy for some of them to smuggle something inside their backpacks or in their food tiffins. I told the wardens they were doing an amazing job. Their only weapon is a prayer that no riots or violent incidents happen.
What is the reason for the overcrowding in Indonesian prisons?
The number of inmates going in is higher than those leaving. One factor is Government Regulation No. 99/2012, which requires special criminals like drug dealers be sentenced to five years' imprisonment. Meanwhile, those guilty of corruption can only get remission if they agree to become justice collaborators. As a result, no matter how well an inmate behaves, praying so many times a day, he is unlikely to get remission if he refuses to serve as justice collaborators. So they have little hope, and it becomes a spark of fire in a haystack.
On the other hand, becoming a justice collaborator is not easy. He must deal with the police and the prosecutors. In the meantime, there's the wide gap between inmates who can afford to have amenities (in prison) and those who cannot.
Specifically on narcotics cases, does Law No. 35/2009 on Narcotics not require drug users to be rehabilitated so they need not go to prison?
True, drug abusers must be rehabilitated, but it becomes a problem in court itself when the case is being tried. And please note, despite this law, places where addicts can be rehabilitated are very few. President Joko Widodo once allocated Rp100,000 per drug abuser to be rehabilitated. This policy has prompted me to offer remissions to drug abusers so they can come out of prison and go straight to rehab centers. The President has approved this idea, but it isn't working.
Why not?
Police Gen. Comr. Anang Iskandar was rehabilitating drug abusers but he got reposted elsewhere. (Anang headed the National Narcotics Board (BNN) before he was transferred to become the chief of the National Police crime investigation unit in September 2015.-Ed.) His replacement, Gen. Comr. Budi Waseso, seems to lean toward punishing drug abusers. This difference in approach is what has made the plan unworkable. (*)
Read the full interview in this week's edition of Tempo English Magazine
