A SPECIAL INSTITUTION IN THE CONTEXT OF THE CORRECTIONAL SYSTEM REVITALIZATION

This research describes the individualization of convict coaching and the special penitentiary for certain convicts. It also analyzes the understanding required to revitalize convicts' correctional facilities, which assess changes in treatment regarding those with "good behavior." Furthermore, this research examined the possibility of revitalizing convicts' penitentiary to focus on the security approach. When the basic concept of the revitalization of the penitentiary is focused on the level of "treatment," which is based on the assessment criteria of "good behavior of the convicts," the convicts are placed in the penitentiary with minimum security. Furthermore, this change assesses the ability to change the existing treatment system for convicts. This is normative legal research, with data obtained from primary and secondary legal materials through literature study. The results showed that the individualization of coaching rests on the fact of the convicts' heterogeneity based on their classification, which affects the type of coaching applied. This variety of coaching affects the facilities and infrastructure needed therefore it is based on the heterogeneity of convicts the need special Penitentiary.


I. Introduction
In 2018, the former Director-General of Corrections proposed a plan to revitalize the correctional institution (also referred to as penitentiary). This idea was divided into 4 categories, namely super-maximum, maximum, medium, and minimum securities, therefore there was no special correctional institution . The placement of convicts is based on the possibility of repeating the crime. This is in accordance with the assumption which states that "the greater the tendency to create adverse effects on someone or the possibility of repeating the act, the stronger urge to be placed in prisons with maximum security." This is carried out in stages, meaning that supposing the convicts exhibits good behavior during the assessment, then these convicts are likely to be transferred to a prison with minimum security. The scoring system is carried out by officers daily, irrespective of the fact that the indicators are yet to be made.
The revitalization idea seems different compared to the current system. For instance the recent assessment of convicts' behavior is based on how they are carrying out their sentences. A significant difference is based on the fact that the correctional institution revitalizes idea that focuses on changes in the convicts' behavior, which is not bound to 1/3, ½, 2/3 years.
Presently, the change in convicts' behavior is based on the length of time attributed to a sentence. This includes the initial stage (mapeling), comprising of 1/3, and 2/3 years, as stated in the Indonesian Government Regulation No. 31 of 1999(GR No. 31 of 1999 concerning the Guidance and Coaching of Correctional Institution Assisted Citizens. According to Article 7 GR No. 31 of 1999 paragraph (1), convicts' guidance is carried out through several stages. This is in accordance with paragraph (2), which is the guidance phase comprising of (a) the initial, (b) advanced, and (c) final stages.
According to Article 9 Government Regulation No. 31 of 1999, paragraph (1), which is associated with early-stage guidance, and Article 7 paragraph (2) letter, a convict serves relatively 1/3 (one third) of the criminal period in prison. Paragraph (2), which is related to the advanced stage as referred to in Article 7 paragraph (2) letter b includes (a) the first advanced stage, which starts from the end of the initial stage to ½ (half) of the criminal period, and (b) the second, advanced stage, starting from the end of the first advanced stage to 2/3 (two thirds) of the criminal period. Paragraph (3) is associated with the final stage, as referred to in letter c is carried out from the end of the advanced stage to the end of the criminal period. Subsequently, Article 8 paragraph (1) stated that convicts' guidance in a correctional institution requires the provision of necessary facilities and infrastructure. According to paragraph (2), the correctional institution, as referred to in paragraph (1), is divided into several classifications and specifications. Furthermore, paragraph (3) concerning the provisions associated with the classification and specifications stated in paragraph (2) needs to be further regulated by a Ministerial Decree.
It is interesting to note that the correctional facility revitalization was realized by erecting a special correctional institution in Karanganyar, Nusakambangan, which was inaugurated and designed for the Super Maximum Security category on August 22nd, 2019 (PAS, 2018). This depicts seriousness, commitment, and optimism in executing the concept of correctional revitalization. The Karanganyar special correctional institution is a renewal effort to deal with high-risk convicts in Indonesia. Therefore convicts are put in a special correctional institution based on the type and level of crime committed. This institution was erected on an area of 30 hectares and a building area of 25 hectares, which comprises of 7 residential blocks with a capacity of 712 high-risk convicts (Ditjen PAS, 2018). Generally, a special correctional institution is described as a prison designated for certain convicts or detainees. Therefore the facilities and infrastructure are designed to adhere to the guidance needs of certain convicts.
However, supposing a correctional revitalization idea is a form of evaluating the treatment changes resulting from the assessment that the convicts have "good behavior." Therefore, it is important to determine whether the revitalization idea focuses more on the security approach. Conversely, assuming the correctional institution revitalization concept focuses on the "treatment" level, which is based on the assessment criteria of "good behavior on the assisted citizen," then the convicts are placed in certain types of facilities such as minimum security. Therefore, it is relevant to determine whether this is bound to change the existing treatment system for these convicts. This becomes a problem, assuming it is related to a particular correctional institution. Besides, this is because the revitalization idea correlates with already existent specific types of correctional institutions. The question is whether or not the implementation of the revitalization idea requires a special correctional institution? Furthermore, it is also important to determine whether or not the revitalization idea is related to the concept of the Criminal Code, which stated that the period served tends to be changed or modified in accordance with the convict's behavior while in the correctional institution, as an implementation of the punishment individualization idea? This understanding clearly demands flexibility, starting from the examination during the court proceedings to the guidance of the convict (Nawawi, 1996: 114). The concept of correctional revitalization is intended to motivate inmates to behave in acceptable manners. This idea was implemented alongside the abuse of authority executed by former head of penitentiaries in Bandung, that had accepted bribes from convicts to get them luxury cell facilities and permission to leave the correctional institution. Therefore, this led to the momentum to carry out a comprehensive correctional revitalization. This is related to the assumption that a special correctional institution's existence is based on certain types of criminal acts committed by the convicted person. Furthermore, the individualization of punishment requires special correctional institutions or treatment. This research aims to examine the urgent erection of a special correctional institution in the context of the revitalization idea.
Based on the literature, some studies are related to the idea of individualizing convicts' guidance, such as Deliani's (Deliani, 2007) The research entitled "Implementasi Ide Individualisasi Dalam Pelaksanaan Pembinaan Narapidana (Implementation of the Individualization Idea in the Implementation of Convicts Guidance)." This research focuses on implementing individualization guidance that encounters obstacles due to a lack of existing facilities and infrastructure.

Suwarto's Research entitled "Ide Individualisasi Pidana Dalam Pembinaan Narapidana Dengan Sistem Pemasyarakatan (The Idea of Criminal Individualization in Guiding
Convicts with a Correctional System)" discusses ways to implement convict's guidance as well as focuses on their rights and conditions. Therefore correctional institution is not a scary place, after all. The aforementioned studies failed to question or test the urgency of a special correctional institution in the context of the revitalization idea (Suwarto, 2007).

II. Research Method
This research uses a normative juridical approach and analytical methods categorized under the dogmatic legal discipline was adopted. This method was carried out by examining secondary data obtained from library. Moreover, this is based on an assessment of the regulations governing convict guidance. Secondary data was obtained through writings, both from legal journals and textbooks.

III. Research Result and Discussion: A. Orientation of Prison Criminal Implementation: Individualization of Criminalization Focused on Guidance Individualization
Convicts' guidance is described as an activity to improve the prisoners' devotion to God Almighty, intellectual attitude, and behavior, including professional, physical and spiritual wellbeing (Article 1 of Government Regulation No. 31 of 1999). Meanwhile, Article 2 paragraph (1) stated that guidance program includes certain activities such as coaching and mentoring of personality. This process is either carried out internally or externally. However, the major objective is guidance within the correctional institution.
Correctional institution means not synonymous with prison. According to RA Koesnoen "prison" is derived from the word "jera or deterrent" which means "tobat or repentance." Therefore, a person is imprisoned to become a "deterrent" or "repentant." Meanwhile, the correctional institution has a broader and more humane meaning (Koesnoen, 1961). It is not "just" a place to make the perpetrator of a criminal act deterrent or repentant, rather it is a place to rehabilitate, reintegrate and re-socialize the convicted "human." This implies that other noble goals are achieved rather than just punishing or apprehending the perpetrator. In Indonesia, a shift in orientation towards punishment is evident in the change in terms from prison to correctional institution. This has an impact on the convict's guidance idea. This is certainly related to the guidance issued regarding the correctional institution or penitentiary, or remand center. Besides, this issue is inseparable from the purpose of punishment, which comprises of certain elements such as (Arief, 2000): (1) humanity, in the sense that the punishment upholds the dignity of a person, (2) educative, in the sense that the punishment is able to make people become fully aware of their actions and causes them to have a positive and constructive attitude towards handling crimes, (3) justice, in the sense that the punishment is perceived to be fair both for the convicted person and the victim or the community.
According to the concept of the Criminal Code (2018) Article 58 paragraph (1) letter d, the purpose of punishment is to foster a sense of remorse, thereby liberating the convict from guilt (forward-looking, not backward-looking). The convict is "freed" from guilt because the perpetrator's desire was "fulfilled" when the court passed the (criminal) verdict (ICJR, 2018). Subsequently, the convicted person is offered treatment or guidance during the "awareness" process.
Based on the imprisonment history, the pattern of execution in the past was in accordance with the idea of restraint or closure. This involves the execution of retribution by restraining or placing the convicted person in a cell (warehousing) (Soeryobroto, 1983), which causes the public to feel safe from the threats of the crime. Criminals need to be exiled or kept in an enclosed place. This action is a consequence related to the goal of emphasizing community protection. Therefore, the convict is perceived as an object.
The next development involves the detention pattern. Although this pattern is associated with restraint, it starts by emphasizing on the objectives that strike a balance between community interests and the actor's (individual) protection. The form of attention given to the convicts' interests is evident in the implementation strategy to change them to be more obedient or compliant. This is realized by enacting appropriate regulations and details regarding each convict's different treatments based on their behavioral development. This pattern is expected to ensure that the perpetrator does not repeat the crime in the future. Based on this perspective, the individualization of punishment starts to appear, such as paying attention to the (background) of the convicted person.
This causes the shift in the purpose towards guidance. Several terms are related to this guidance's objectives, such as rehabilitation, resocialization, and reintegration of the convicted person. Barda Nawawi Arief stated that individualization and leniency in determining certain crimes are expected of correctional institutions (system), built based on rehabilitation and resocialization (Arief, 2000).
The track record of the convicted person is taken immediately they enter the correctional institution. This includes the age, religion, gender, type of crime committed, background, etc. Article 7 of Government Regulation No.31 of 1999 paragraph (5) stated that the data referred to in paragraph (3) is the outcome of the observations, assessments, and reports on the guidance implementation. However, these observations and assessments are inseparable from the convict's identity record when placed in the correctional institution for the first time.
Article 12 of Law No. 12 of 1995 concerning correctional paragraph (1) in the context of guidance to convicts is carried out based on the following criteria, namely (a) type, (b) gender, (c) length of sentence imposed, (d) type of crime, and (e) others.
The track record data used as a basis for assessment (Article 7 paragraph (3) of Government Regulation No. 31 of 1999) need to be maximized. This is because the use of databases has failed to fulfill the existent procedures completely. Therefore, there has not been any significant action that identifies and investigates motivational interviews (counseling) regarded as the basis for accountable, transparent, and bottom-up treatment (guidance), which generally incites enthusiasm for the process of ensuring that the convicts sincerely changes their evil behavior or attitudes (negative), from the bottom of their hearts (Nugroho, 2007). The benefit of maximizing the identification process is to realize the guidance essence that leads to the convicts' independence.
Moreover, during this process, the convicts (assisted residents) are given various guidance materials. Based on Government Regulation No. 31 of 1999 concerning Guidance and Coaching of Correctional Assisted Citizens in conjunction with the Decree of the Minister of Justice No.M.02.PK.04.10 of 1990, the convicts are also given general guidance. The type of materials distributed during the program includes (a) personality guidance (comprising of devotion to God Almighty, national, state and legal awareness, intellectual development, attitudes and behavior, physical and spiritual wellbeing, as well as healthy reintegration with the society), (b ) independence education (skills and job training). Guidance material that refers to these 2 regulations holistically programs the convicts to become conscious and law-abiding human beings in order to be useful in society.
The purpose of providing education and guidance is to perform convicts' rehabilitation (Sparks, 1983). This program emphasizes more on religiousmental-spiritual education which is expected to positively affect the followers' attitudes, behaviors, and personalities. This (religious) guidance is considered cheaper and easier to conduct because it is generally carried out by correctional institution officers, convicts, clergy, community members, or NGOs. Moreover, during the mapelling stage (observation and introduction to the environment), they receive guidance that focuses on their mental and spiritual wellbeing. This religious formation is important to reshape their attitudes and personalities that were considered deviant. The strengthening and re-building of these qualities are aimed to shape convicts to become better human beings. Furthermore, an understanding of ways to live in society, nation, and state was also offered to create awareness and become disciplined and obedient humans. Generally, the mental-spiritual development in penitentiaries functions appropriately because the convicts have a regular schedule to perform worship according to their religious beliefs.
The next stage is advance guidance, which involves the continuation of this process. The only difference is that the supervision is not as strict as in the early stages because they are considered to have shown personality development, good attitudes based on the Correctional Observer Team's trial results (TPP). As regulated in Article 7 of Government Regulation no. 31 of 1999 Paragraph (3), the transfer of guidance from one stage to another is determined through a session of the Correctional Observer Team based on data from the Correctional Supervisor, Correctional Guard, Community Advisor, and Guardian of Convicts. Conversely, paragraph (4) stipulated that data as referred to in paragraph (3) constitutes the result of observations, assessments, and reports on the guidance implementation.
This guidance pattern idealizes the treatment of the convicted person as a troubled individual. Therefore, it also requires special treatment directed towards the need to resolve the convict's problem. Furthermore, future (criminal) trials have been initiated regarding the permissibility of changes, modifications, or adjustments to the judge's decision. Barda Nawawi Arief stated that the notion of criminal individualization does not only mean that the imposed punishment needs to be adjusted or oriented towards individual considerations (Arief, 2000). Rather, it also needs to be modified to the changes and development of the convict concerned. This understanding clearly demands flexibility, both during judicial examinations and convict guidance. This perspective clearly regards the convicted person as a subject and as a whole. Consequently, humans as a subject are valued as unique individuals that are identical irrespective of the changes in size and shape (Hadi, 2002). Therefore, paying attention to the (human) convict as a whole is based on considering all aspects of their backgrounds.
John Delaney stated that it is necessary to understand the behavior of a convicted person, in the sense that (a) criminals (convicted) are humans, and their dignity needs to be considered, therefore (b) an existential approach has to be taken to reintegrate the convicted person into the society. Besides, the correctional institution aims to prevent crime through punishment although, this does not mean that it needs to be executed brutally (Hadisuprapto, 2002).

B. Guidance Individualization: Need a Special Correctional Institution
Theoretically, convict guidance is carried out using various strategies. However, from a criminological perspective, strategies are perceived as a model of development related to the crime concept and its coping methods. According to Dorris Layton Mac Kenzie et al., there are various models or methods of guiding convicts such as ( (Gendreau & Andrews, 2000). In addition, these models have different approaches or methods.

a). the Medical model, (b). the Education training model, (c). the Socialization model, (d). the Therapeutic model, and (e). the Community treatment model
The various guidance models (treatment model) is the development of one approach to another. This development is consistent with the understanding of crimes and criminal concepts. This is closely related to the strategy or guidance method. The implementation of this model has to adhere to the basic needs of the convicts. Therefore, a model oriented towards the needs of the convicted individual is required. However, it is unnecessary to dwell on only one model because the orientation of the guidance deals directly with the individual convicted and the causes of the crime, thereby regarded as a multifactor. However, irrespective of this fact, there is still a dominant factor. This is considered as the focus of guidance (treatment). This is consistent with the study carried out by Gendreau et al., which stated that in order for guidance to be more effective (Arief, 2000), an RNR approach is needed, namely (a). the Risk principle (the individual that needs to be rehabilitated), (b). the Need principle (identify the needs), and (c). the Responsivity principle (the manner of execution) (Gendreau & Fretz, 2006). In respect to these principles, Gendreau et al. opinion, is analyzed as a guidance individualization. This guidance pattern is consistent with criminal rehabilitation's objectives, which implies that interpersonal relationships manipulate changes in the convicted behavior. The basic assumption of rehabilitation purposes is that the community is considered ideal, and this fact does not need to be contested, while deviant behavior is considered a characteristic of lawbreakers, which needs to be corrected. Todd R Clear et al. reported that rehabilitation is oriented towards the offenders and not the offense (Tood R Clear, 1994). This is different from the RNR guidance concept proposed by Gendreau et al., which stated that the 3 series is regarded as a single unit. Therefore, in this research, the intended guidance individualization is regarded as a series as reported by Gendreau et al. The concept of Todd R Clear et al. seeks to manipulate behavior. However, Gendreau et al.'s opinion is considered thorough.
In the current correctional system, the guidance process is referred to as a therapeutic approach, which is in the form of healing people that have lost their lives due to certain weaknesses. This treatment does not only understand the convict as a "deviant" person. Rather there is a need to handle the convicted person according to the factors that led the perpetrator to commit the crime or offense. In this context, it is closely related to the perspective that the convict is a human being, therefore, needs to be humanized. Furthermore, the rehabilitation of the convicted person is carried out according to their needs and guidance.
Tony Ward et al stated that efforts to rehabilitate the convict involves strategies focused on changing the individual offenders and ensuring they desist from their criminal activities (Ward, 2008). According to Andrew and Bonta stated that one of the strategies is the importance of understanding the different (of each) reasons that led the individuals (convicted) to commit the various crimes and the interventions required to change their behaviors (Andrew & Bonta, 2008). Based on the research carried out by the University of Maryland (USA), guidance has a relatively 50 to 86% effect on convicts' behavior. This is evident, especially when it is related to the correctional principle, which stated that "every person is a human being and needs to be treated as such irrespective of the fact that they had strayed." Furthermore, "convicts are only sentenced to the criminal of independence loss." This principle is a provision of respect for the convicted person, thereby making it necessary to avoid other forms of torture. Besides, the convict's dignity needs to be respected for them to have confidence and self-respect. Trust and self-respect are relevant for preparing convicts after they have served their sentences. According to this study, the correctionalization principle is clearly oriented towards individuals' guidance.
Concretely, the idea of individualization confirms that guidance is focused on the needs of the convicted person. Moreover, the idea of criminal individualization requires convicts to avoid the possibility of prisonerization (Deliani, 2007). Donald Clemmer stated that prisonerization is defined as the taking on of greater or lesser degree of the folks' way of life, morals, customs, and general culture of the penitentiary (Clemmer, 1970). Prisonization tends to have both positive and negative influences on the life of convicts in the correctional institution. The "mixed up" system of placing convicts in correctional institutions lead to the emergence of prisonerization. Furthermore, poor guidance was the reason for free time, which negatively affected prisonization, escape attempts, fights, or brawls among convicts. Daniel P Mears et al stated that guidance is important because it creates order and security in the correctional institution (in prisons, it is a highly recognized fact that effective programs indicate good security, which results in order, thereby creating a conducive environment) (Mears, 2004). Therefore, the supervisor plays a relevant role, which is to accompany, understand, and solve convicts' problems. The individualization guidance in the current correctional system is manifested in the presence of prison guardians. Conversely, these guardians act as a counselor and companion to the convicts (inmates). The convict's guardianship is regulated in Article 12 paragraph (1) letter e of Law No. 12 of 1995, which stated that "other criteria are in accordance with the need or guidance development (Ministry of Justice, 2003)." The provisions in Article 12 lack further explanation. However, in the Decree of the Justice Ministry No. M.02-PK.04.10 of 1990 concerning Guidance Patterns of Convicts or Detainees, especially in Chapter VII letter B number 2 sub c number 3 concerning placement, it is stated that "every convict need to have a background examined for the interest of guidance." Therefore, these 2 provisions are the legal basis for the existence of a convict' guardianship. One of the guardian's duties is to record the convict's background, which includes (1) personal data, (2) criminal data, (3) case data, (4) life history, (5) employment history, (6) marital history ( for married people), (7). the family condition, (8). clinical data, (9) social relations, and (10) self-image.
The heterogeneity of correctional institutions requires a guidance patternoriented towards the inhabitants. This individualization pattern does not mean "man to man" handling. Rather, it is grouped based on "relatively similar background" obtained from the convicts' data. Therefore, the individualization guidance model needs to be supported by certain structures according to their needs, such as special facilities, infrastructure, and premises (read: correctional institution). Therefore, this special correctional institution's need does not necessarily mean the granting of privileges for certain convicts. In fact, it is not a discriminatory policy, because any individual that is being convicted in the context of individualization, certainly (each person) needs their personal guidance place and program. Apparently, special correctional institutions and facilities are needed in accordance with the demands of guidance as well. The need for special places and facilities is in accordance with the guidance demands related to the developed model concept proposed by Gendreau et al. In P Nusakambangan, the SM (maximum security) correctional institution was built with a high, sturdy fence and extra tight guard for dangerous convicts. In this case, the special needs of the convicts that are perceived as dangerous are certainly fulfilled. However, assuming the perpetrators are considered dangerous criminals, they become residents of the extra strict special correctional institution in P Nusakambangan.
In Indonesia there are a variety of special penitentiaries, as shown in the table.  There are also Class II Youth Penitentiaries in several regions, namely (1) Class II Youth Penitentiaries in Tangerang, Banten, (2) Class IIB Youth Correctional Institution in Plantungan, Central Java, (3) Class II A Youth Correctional Institution Madiun, (4) Class III Youth Correctional Institution, Langkat, North Sumatra. (Data source: Directorate General of Corrections 2021) Therefore, understanding the idea of correctional revitalization still requires a special correctional institution. Moreover, it is difficult to affirm that guidance in accordance with the needs (assisted residents or convicts) does not require a special correctional institution. Besides, it is worth reflecting on the findings of Woolf regarding the occurrence of crisis in the UK prison management which shows 8 (eight) main factors, such as: "(1). The huge prison population, (2). Overcrowding, (3). Bad conditions within the prison (for both inmates and prison officers), (4). Understaffing, (5).Unrest among prison staff, (6). Poor security, (7). The "toxic mix" of long-term, life-sentence prisoners and mentally disturbed inmates (8). Riots and other breakdowns of control over prisoners", especially those related to point 7, therefore, there needs to be a special correctional institution (Cavadino, 2002).
The orientation of the convicts/assisted residents is directed at individual guidance. The correctional system is oriented towards guidance based on an individual therapeutic pattern. Therefore, the existence of a special correctional institution is closely related A Special Institution in The Context of...