POLITIK HUKUM PEMINDAHAN NARAPIDANA ANTARANEGARA DI INDONESIA: TEPATKAH?

Abstract

The transfer of sentenced person between countries is one type of international cooperation that is currently being practiced a lot. This is because the transfer of sentenced person between countries is considered to provide protection of human rights (HAM) by carrying out the rehabilitation process to inmates within the territory of their own country. There are several requests to transfer the sentenced person to the Indonesian government, but Indonesia has never practiced the transfer of the sentenced person between countries because of the absence of a rule of law governing the process of transferring the sentenced person at the legal system in Indonesia. This article will examining the concept of cooperation of the transfer of sentenced person between countries in the international world both from the basic principles that will be used in the implementation of cooperation between the transfer of prisoners between countries and the legal basis or agreement that will be used to carry out the transfer of sentenced person between countries. This article also aims to analyze the legal policy of the Government and the Republic of Indonesia Parliament in making the regulations relating to cooperation in the transfer of prisoners between countries. After the discussion it was known that the practice of transfer the sentenced persons between countries was not enough to be widely practiced because there were not many conventions that raised this cooperation method and there were not many benefits felt by countries in the international community. The regulation of the transfer of prisoners between countries will be better if set forth in separate laws, because an international collaboration between countries must have a strong and binding foundation that must be set forth in a law and the protection of human rights in the practice of displacement is easier to be controlled