PERTANGGUNGJAWABAN SIPIR TERHADAP NARAPIDANA YANG MELARIKAN DIRI DARI LEMBAGA PEMASYARAKATAN KELAS I TANGERANG

Abstract

Abstract

It is undeniable that there are many problems that arise in the implementation of correctional training in Indonesia, one of which is the management of the prison or detention center itself, such as the presence of escaped convicts. Since 2019-2022 there have been 2 (two) cases of escaped convicts at the Class 1 Penitentiary in Tangerang. The problem in this research is how the responsibility of the warden is towards prisoners who have escaped from the Tangerang class I penitentiary and what are the obstacles faced by the leadership in carrying out the punishment rules for wardens who are negligent in guarding the escaped convicts in the Tangerang class I penitentiary. This research method uses qualitative research methods. The type of research used is empirical juridical. Data collection techniques use field study research and literature studies and obtain primary data and secondary data. Data analysis uses qualitative data. The theoretical basis used is the theory of justice and the theory of criminal responsibility. The results of the study concluded that if the criminal elements such as negligence and/or intention were fulfilled, they were subject to criminal sanctions under Article 223 of the Criminal Code and 426 of the Criminal Code, if the criminal elements were not fulfilled, they would be subject to disciplinary punishment as in Law No. 53 of 2010 concerning Discipline for Civil Servants. The obstacle faced by leaders in imposing punishment is the lack of human resources which causes criminal sanctions, suspensions, or dismissal of wardens to have a greater impact on prisons

Keywords: Warden; Convict; Escape; Penitentiary.