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P R I S O N GROUP DYNAMICS POLITICAL AND C RI MI NA L INMATES IN INDONESIA: A CASE STUDY by Abdul Hamid Awaludin su bmitted to the Faculty of the c ol leg e of Arts and Sciences of A me r ic an Univers it y in Partial Fu lf illment of the Re qu i re m en ts
for the Degree
of Doct or of Philosophy in Sociology:
Ji
Chair: R. Johnson
ry ((■ Uj)
csJkj
J. S iegenthaler
Detfh-^of the College 'of Arts and Sciences
Date 1998 A me ri ca n Univers it y Washington,
DC 20016
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
,
UMI Number: 9997311
Copyright 1997 by Awaludin, Abdul Hamid
All rights reserved.
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Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
°COPYRIGHTS
by
ABDUL HAMID AWALUDIM 1597 ALL
RIGHTS
RESERVED
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
PRISON GROUP DYNAMICS: POLITICAL
AND
CRIMINAL A
INMATES
IN
INDONESIA:
STUDY CASE By
Abdul-Hamid Awaludin ABSTRACT This explores within their main on
study the
the
life
scrutiny dynamic
To
this
this
of
data
by
groups
of
criminal
fascinating.
share
some
dislike
this
asking
a
field
inmates.
the the
each
prison guards
t he
focuses
much
other.
with are and
the
of
corrupt
to b o t h
inmates,
in m a n y
w a ys,
In
that
and
officials,
to
is
However, fac t
method
outcome
differences.
of
are
of
The
and
officials
study
questions
similarities
agree
prison
research
15 o p e n - e n d e d
and political
distrust
inmates
relationships.
group
and
of
In sum,
It
dissimilarities
the
t wo
inmates
eyes
study.
and
within
prisoners.
criminal
These
political
the
l if e
I employed
my
and
similarities
group
end,
Indonesian
political
everyday
gather
very
stu dy of
both
Thus,
in of
a case of
walls.
behavior
the
is
addition,
both the
power
both
they
criminal guards
and
abusers.
criminal
and
ii
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and
In
political
inmates
incarcerated uphold
the
Even within able
to
and
though same
cope
inmates.
law breakers
in o r d e r
law
the
are
to
they
both
f ix break
Political
the
criminal
their
and
and
anxiety.
Furthermore,
the
demarcation
political
inmates
hold.
bettering
society,
oriented
and
political
of
quality
of
life
represent. inmates care
In
are
about
Overall, political anxiety,
the
the the
who
eyes
elite
are
line
the
more
criminal
their their
between
strong
much
than
live
live
lives
criminal
beliefs
and
that
inmates
are
committed
criminal
inmates
are
self-interest
the
not
do
people of
against
their
while
did
the
inmates
inmates
official.
Political
perceive
of
in
considered
society,
illusionists
lies
while
be
inmates
destroyers the
can
criminal
"We
inmates
to c o n f r o n t
tension
also
political
able
are
with
inmates
one
the w a l l s
maturely
political
attitude.
within
realities high
while
to b e
law,'' s a i d
political
lives
inmates
need
their mental
environment,
with
who
society.
In
fellow
criminal
latter
see
anything
whom
criminal
they
to
t he
inmates,
who
think
only
of
research
found
that
both
addition,
inmates former
improve
always
to
as
as
the
claim
to
political
themselves
and
never
rest. my
inmates tension,
basically
live
and
One
fear.
in of
criminal
an e n v i r o n m e n t t he
key
problems
and of is
iii
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the
law of
the
officials. which regime
prison This
that
law was
automatically toward
unforgotten grievances
its
days or
is
reflects
with
in
enacted
colony.
voices
truly
during
the
That
men.
of
the
attitude
is w h y
unforgiven are
favor
the
the
guards
Dutch of
the
inmates
and
occupation, Dutch live w i t h
Unfortunately,
unheard.
iv
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their
ACKNOWLE DGM EN T
I would the
members
like of m y
Siegenthaler, guidance while as
in m y
opportunity
not
their my
with
been
I am mother,
my
She
vision
world.
is
able
the
to
is
read
meaning
of
and
as
always
t he
is
mind
education.
you
achieve
tell
me
what
you
achieve."
learning
from
in
to
have
people
who
often
your
life,
I started
my
but
my
and
let
lovely
my
tell
long
would
to be.
always
to
me
greatly
open
and write,
used
gave
goals
for
value
and
For w i t h o u t
out
eyes
read
J.
an
especially
her
to
and
and
support
to
I gained
they
had
them.
turned
me
but
She
what
guidance
f am i ly ,
unable of
knowledge
thank
they
Dr.
assistance
invaluable
honor
gives
illiterate, She
t he
gratitude
Johnson,
their
The
was
and
accomplishments
to m y
me
by
and
humbly
tell
journey
an
academic
who
for
endeavors.
it
thanks
Robert
Farsoun
rewarding
education.
Dr.
classes
indebted
Maryam,
my many
dissertation
them
as
also
the
S.
I consider
supports,
have
Dr.
academic
I developed
appreciated.
extend
committee,
and
attending
their
to
but
to s he
appreciate me
t he
"don't people
academic
he r. v
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I value several is
my
applying
to
3ea
to
Onoshi
their
supports
officials American helps,
help
would
sweet
I owe Basri
a
the Dr.
be
Wright
Without
very
me
Liana
never
Debbas,
that
always
papers. for
forget
give
me process
Hartt,
both
Students
Office
of
difficult
endless f or
University.
me
I am
a re
in the
the
supports
to
for
Husein
J.
their
her
Laiia
and
educational
and
States
Iccbelli,
P u m a r,
Rose
S he
from
Papadapoulos
Enrique
my
United
editing my
I will
of
one.
and
accomplish indebted
my
to
persons.
l ot
to
entire
American
to
president
way
friends
G.
helped
of
first
the
program.
papers.
International
t he
where
my
that
support
the
in
until
my
Diluciano,
Dr.
Hasanuddm,
Indonesia, my
edit
is
Catheiine
friends
and
I got
another
throughout
University.
two
when
tirelessly
to
another
the
these
h as
David
are
at
paved
to
States. of
it
formers
me
also
and
education
Dr.
S he
throughout
United
Papadapoulos
her mother,
sincerity
Abdui-Hamid,
friendship
friend
school
to
are
Sukkariyah,
the
age. one
thank
sincerity
Georgia
American
years
I also
unwavering
friends.
first
eleven
t he
of
A.
and the
Amiruddin, Dr.
get
my
Eacnruain.
University
I graduated
Dr.
from.
education
of
They
a re
the
Hasanuddm,
They
from
Hasan Walinono,
t he
are
t he
United
ones
who
States.
vi
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Mr .
Sarwono
Indonesia Affairs my
Kusumaatmadja,
a n d Mr.
of
Indonesia,
education. Finally,
truly M.
friends
R oem,
A.
A.
Murti,
Marwah
to
nc
are
I cannot of
mine
Daud me
persons
at
this
h ome,
Environment
State Minister who
of
financially
paper
without
of
Housing
supported
Indonesia.
Dr.
mention
some
Radi
Gany,
Syamsul
Alam
Bulu,
Mubha
Tadjuddin
Noer
Said,
Iris
Ibrahim,
when
of
v e r y much. end
H am i d ,
Minister
Tandjung,
you
Mattalatta,
help
forgotten
Thank
Muis
Muang,
came
Akbar
State
and A b u n
I needed
them.
Sanda. For
They
this,
A.
Kahar Indra always
they will
way.
VI i
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be
TABLE
OF CONTENTS
A B S T P A . C T ............................................................... ii A C K N O W L E D G M E N T ......................................................... v FIGURES
..................................................... ix
1.
INTRODUCTION
...................................................... 1
2.
LITERATURE
3.
RESEARCH
4.
THE INDONESIAN
CRIMINAL
5.
THE INDONESIAN
POLITICAL
o.
THE INDONESIAN
PRISON
7.
CIPI NANG
8.
THE UNHEARD
9.
CONCLUSION AND
LIST
OF
Chapter
BIBLIOGRAPHY
R E V I E W ................................................. 3 ................................................. 50
METHOD
J U S T I C E S Y S T E M ....................... 66 S Y S T E M ... ........................... 95
SYSTEM
................................ 123
P R I S O N .................................................155 VOICE
BEHIND
THE
WALLS
RECOMMENDATIONS
........................2 0 6
............................ 3 6 9
........................................................-412
v 11 1
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LIST OF FIGURES
1.
Process
of
2.
Structure
of
3.
Tower
Garden
4.
Mosque,
Temple,
5.
Barrack
III
6.
Awaiting
7.
Scaling
and
Scooping
Food
............................... 196
3.
Inmates
a re
Carrying
Food
............................... 1 9 7
9.
Moslem
and
Release
to
Organization
........................................... 192 Church
be
................................... 193
Registered
inside
10.
Inmates
11.
An
inmate
is
teaching
12.
An
inmate
is
cutting
13.
Inmates
and
their
14.
Inmates
are
chatting
15.
Tofu
16.
Cpininang
and
............................... 154
..................................................194
inmates are
.......................................... 94
getting
dried
............................... 195
th e m o s q u e
off
f r o m m o s q u e / c h u r c h ...........199
his
fellow
a guard's
visiters
fish
Daily Menu
and are
...................... 193
inmates
hair
...........2 00
.................. 201
.............................. 202
relaxing their
main
..................... 203 menu
............. 204
......................................2 0 5
ix
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CHAP TE R 1 I N T R O D U C T I O N
B e i n g in p r i s o n is l i k e a he.ll war. Y o u n e v e r k n e w w h o is t h e e n e m y a n d w h o is t h e f r i e n d . T h i s a f t e r n o o n he is y o u r f r i e n d a n d t o n i g h t he is g o i n g to be y o u r b i g g e s t e n em y . A n y t i m e y o u c a n g e t k i c k e d on y o u r ass. T h e r e a s o n is s i m p l e . E v e r y b o d y l i v e s w i t h i n t h e s a m e e n v i r o n m e n t w h e r e f r e e d o m is a b s e n t . T h a t is w h y p e o p l e d o w n h e r e f i g h t e a c h o t h e r in o r d e r to g e t f r e e d o m . No t r u s t , no r e s p e c t , a n d n o n o t h i n g . L i f e h e r e h a s l ow t ru st and high v i g i l anc e, v e r y u n c e r t a i n an d i s c o m for t. D a n g e r a l w a y s r e s i d e s in y o u r m i n d a n d c i r c u m s r i b e s y o u r a c t i o n s a n d g o v e r n s y o u r a w a r e n e s s . T h e k ey w o r d to s u r v i v e h e r e is to w a t c h out. E v e r y b o d y d e s e r v e s to be suspected.' T h e m a i n p r o b l e m o f t h e i n s t i t u t i o n is its m e c h a n i c a l s y s t e m in w h i c h e v e r y t h i n g is a p p r o a c h e d t h r o u g h a b u r e a u c r a t i c m e c h a n i s m . The i n s t i t u t i o n knows o n l y h o w to t e l l us w h a t to do. Do t h i s a n d t h a t a n d no q u e s t i o n s a sk e d . J u s t l i k e a m a c h i n e , s o th e i n m a t e s feel d e h u m a n i z e d w h e n e v e r t h e y d e a l w i t h the i n s t i t u t i o n . I t r u l y d o n o t k n o w h o w to s o l v e t h i s p r o b l e m b e c a u s e I am p o w e r l e s s . However, I b e l i e v e that if t h e s y s t e m as a w h o l e c a n b e fixed, t h e n t h e p r i s o n s y s t e m a l s o c a n b e f i x e d . T h e r o o t of t h i s p r o b l e m is l o c a t e d in o u r p o l i t i c a l s y s t e m , as w e l l as in o u r j u s t i c e system. R e m e m b e r , the g u a r d s or o f f i c i a l s just f o l l o w t h e i r s u p e r i o r s w h o h a v e p o w e r . If t h e i r s u p e r i o r s a r e c o r r u p t , t h e n t h e y a re c o r r u p t too. O u r s o c i e t y is a p a t r i m o n i a l s o c i e t y w h i c h i m p l i e s t h a t we m u s t f o l l o w o u r e l d e r s o r l e a d e r s a n d d o w h a t t h e y do. T h i s is t he b e s t w a y to d e s c r i b e o u r p r i s o n h ere . W eil, I h o p e y o u do n o t j u d g e m e as a t a l k a t i v e a n d f r u s t r a t e d m a n h ere . I h a v e s a i d a lot a l r e a d y . I j u st :A n i n t e r v i e w w i t h a c r i m i n a l i n m a t e w h o h a s a l r e a d y s p e n t 7 y e a r s in C i p i n a n g p r i s o n . T h i s i n t e r v i e w t o o k p l a c e i n s i d e the mosque, C i p i n a n g prison, d u r i n g a p r a y e r time (12. 30 PM), J a n u a r y 17, 1995. 1
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2 w a n t to m a k e it c l e a r t h a t t h e p r i s o n t o t a l l y f u n c t i o n as a r e h a b i l i t a t i v e i n s t i t u t i o n . '
The Prison
image
is
often
Especially physical
that
in
and
associated
Third
rights.
institution
of
inmates when
t he
vehicle
are
uhev
the
define
a prison
circumscribed
off
seemingly time,
th e
this
prison
T hus, pain
uhen
and
above,
sense
that
of
prison
means
that
net
that
most
of
but
world.
mysterious
As and
of
freedom
as
an
is
viewed
to
our
is
These
only
ironically,
5.d m r * 100d .
today
walls
a re
prisons
a
effectively
prisons at
the
same
untouchable.'
study
of
prison,
especially
in
the
United
States
‘A n i n t e r v i e w w i t h a p o l i t i c a l i n m a t e . I c o n d u c t e d i n t e r v i e w i n s i d e h i s cell, J a n u a r y 25, 1995, at 3 P.M.
(Sage
an
insulated,
are
our
as
Most
prisons
an
and
society
were
us.
us
a result,
t o r t u re ,
brutality.
w h 0 p. o h s v
for m a n y
murky.
means
dangerous
image
to
brutality.
prison
walls
This
and
described
and more
the m u r k y
world.
remain
even
dead.
worse
themselves,
remain The
in
from
is
remains
deprivation
destructive
untouchable
prison
violence
harm,
from orison
from
become
closed
of
7e i o u t
unto
living
of
countries,
Prison
becoming
Departing
world
World
h as with
psychological
fundamental
effective
society
fails
'T M a t h i e s e n , P r i s o n s on P u b l i c a t i o n s , 1 990).
T ri a l ,
A
Critical
this
Assessment,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
3 and
Europe,
has
multifaceted to
aspects do
not
of
in
in
society's prisons.
we
the
its
famous
Therefore, who
seek
organized.
Moreover,
explaining
the
segments.
a macro
and
various
structure
punishments
articulates
systems
of
the
It
is
very
with
whole
is
the
by
be
its
most
insight
from is
level
of
a
t he
state
of
its
is the
institution
in w h i c h
society
essential prison the
depend
economic,
is
for
and
its
legitimacy
mechanisms,
political,
the
th e
way
all
Prisons
inferred
important
of
rewards
of
this
that
disciplinary
the
and
a political,
can
conditions,
and
in o r d e r
society.
many
pa rt ,
an
life
of
Th u s ,
analysis
working
of
part
judged
prison
sa me ; society
within
society
understand
illegitimacy
prison
be
organizational
Living
of
a
observation
the to
are
order.
of
the
with
of m u l t i - d i m e n s i o n a l
society
they
can
are
scholars
understand
p r i s o n s . ' 1 In
civilization
those
a
and moral
of
to
consists
is
a vacuum:
by many
results
have
prison
Prison
done
The
characteristics
examination
captured
f or
li fe .
economic,
important an
prison,
because
exist
social,
been
approaches.
understand
environment
already
and
the
upon
how
and
or
t he
legal
society.
unfortunate
that
while
scholars
in
the
4D a v i d G r e e n b e r g , ed. C o r r e c t i o n s a n d P u n i s h m e n t . (S a g e C r i m i n a l , J u s t i c e S y s t e m A n n u a l s , V o l u m e 8, 1977 ) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
United
States
and
their
studies,
h a n d,
the
because
Countries studied as
in
study
the
Europe the
of
due
not to
torture,
Third
prison
regimes
do
have
of
allow
the
World
f or
the
government their
fact
severe
explored
that
the
through
countries
on
the
most
is
non-existent
of
part
the
prisons
are
Third
to be
violation
intimidation
prisons
of
other
World
observed human
practiced
and
rights
within
such
their
prisons. Furthermore, study
or
research
Indonesian belief and
society on
society
that
religiousness,
political place
commits With
in
mind,
abandoned
by
society
people
who
society. grievance calls
must
be
especially still
than
society will
prisoners because
they
are
are
always
unheard.
as
forgotten
They and
never
once
have
and
any
a person by
ignored
people, are
and
society.
and
considered
isolated,
condemned
of m o r a l i t y
forgiven
to b e
they
the
be
of
conventional
economic
because
absence
Indonesia.
matter
tend
Since
himself
are
the
the
criminals
never
condemned, are
as
to
in
holds
social,
Therefore,
he/she
this
contributed
activities
Indonesian
a crime,
now
rather
phenomena.
within
prison,
until
criminal
has
as
immoral
separated
their
simply,
unforgiven
voice as
on e
fellow
citizen.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
from and inmat
5 My
study
conducted focusing
my on
similarly prison their
deals field
how
and
and
and
differences.
were
of
inmates,
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enacted
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1 96 3
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law
nature
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law
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191 7
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day
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life
for
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they
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li ve s,
research
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two
different
prison
differently
how
fellow
with
occupation. attitudes
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
a
This
toward
6 i ts
colony. Moreover,
the
demarcation
political
inmates
also
political
inmates
h o ld .
committed
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self-interest society.
Furthermore,
criminal
latter
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think
only
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guards
corrupted
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and
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law."
unbridged, most
In
the
groups
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assert:
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effective
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are
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In
the
eyes
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elite
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the
state.
state
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the
abusers
guards
and
a re
law
That
why
they
is
need
The
law
maintains and
power
wh o
view
inmates
attitude.
uphold
as
whom
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inmates are
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people
of of
net
rest.
environment to
of
did
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their "We
while
about
the
and of
society who
are
a re
their
care
they
-he
perceive
of
represent.
officials;
incarcerated
inmates
and
inmaces
against
illusionists
inmates
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considered
life
and
belief
inmates
of
political
the
be
criminal
criminal
destroyers
the
officials.
both
can
the
political
quality
themselves t wo
as
as
political
these
and
the
to
strong
while
political
former
claim
the
society
inmates
improve
always
inmates,
and
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in
between
Ideologically,
oriented,
fellow
anything
lies
line
anc
this
they oeec
experience
distinctive
break gulf
is
line.
not In
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
the
7 addition these and
to
two
groups
other
relation
t h is ,
the of
are
also
becomes
this
will
focus
t he
and
also
themselves
prisoners) study
of
inmates
officials) among
focus
relationship
the
part
administration of
(political
the
much
object on
the
between
this
study.
prisoners
of
this
dynamic
The
and
study. of
( g u ar d s
criminal In
sum,
group
relationship. To gather
this my
inmates
months
a
Having experience inmates They
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asking
976
field to
research
f e ar .
by
of
due
government
the
I employed
Indonesia
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data
cut
Jakarta,
end,
of
inmates where
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in
basically me n .
an
is
Cipinang
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of
Unfortunately,
100
Prison, Four
enough. not
months)
time,
within
with
to
conduct
that
t he
me.
environment
live
not
I could
(four
to
research.
certainly
time
method
questions
occupy
constraint,
the
inmates
live
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the
Indonesia
research
I conducted my
time than
field
open-ended
research
the
mere
15
a
I was
Cipinang of
to
wails.
anxiety,
unforgotten their
able
days
grievance
I saw
tension,
and
with or
voice
v oi c e .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
CHAPT ER 2 LITERATURE
In out
his
that
work
prison
punishment. physical
on the
tortures
of
This
epitomizes
of
the
no
longer
handled
of
their
less
brutal
the
daily
as
the
the though
was
imposed
true
of
totality
of
their
activities
of
the
prison
control
by
currently
bodies, but
of
of
instead,
penalties
contemporary social
form
characterized
in a
The
just
and
punishment;
centuries,
maintains corporal
from
t he
analyzing
t he
Europe
well
as
nature
regimentation
form
from
separated
the
points
life,
exercised
and
by
today's
society.
Foucault
emphasizes
not
characterizes
disciplinary
punishment
is
earlier
total
P u n i s h m e n t , Foucault
manner.
control
tortures
is
and
corporal
debilitating
offender,
be
changed
offender
prisoners
lives.
has
Punishment
incarcerated equally
Discipline
REVIEW
the
as
in
the
shift
punishment
advancement
principle history
that
of the
of the
of
to
in
United
f o r m of
surveillance
cannot
capitalism which
effectiveness concept
the
or
States
and efficiency.
idea in
the
of
prisons
18th
3y
in
century,
8
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
9 Foucault
found
discipline
and
institutions. t he
that s et The
the
has
been
factories,
and
the
of
type
symbolic
the
prison
serving
symbolic
lives
of
activities
its
in
and
as
major
of
the
raw
brutality
other
schools,
t he
through
details as
control
of
the
imposed
over
modern t he
principal
life
by
it m a i n t a i n s society.
s o c i e t y has
totality of
institutions.
everyday
of
and
disciplinary
supervision
societal
concept
dominance
hospitals,
entire
control
the
social
the prototype,
actual
surveillance physical
of
members
all
for
of r o u t i n i z e d
become
acquired
introduced
institutional
copied by
thus
With
t he
pattern
form
prison
has
modern prisons
their The
h as
means
of
of daily
pervasive
superseded social
cent r o l . Moreover, progresses, takes
it
greater
Corporal
Foucault generates degrees
punishment
controls,
not
advanced.
Prison,
effective
that
discipline) help
to
greaner
maintains
became
support
the
basic
inefficient
working for
capitalist
capitalism
inequalities, to
is m o r e
as
social
it.
social
effective--
as
so
and
institutions system
it
capitalism
(surveillance other
so
stabilize
form of
society
respect,
model
as
control
stabilize
this
the
greater
social an
to
in
its
of
was
enough
even
that
it
that advances
inequalities.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
10 For
Foucault,
corporal the
punishment
effective
protect
tools
their
was
crime
threatened
are
inspires
incarcerated of
capitalists prisoners the
idea
skills live
a
according by
the
the
work the
prisons,
society
and
aspect
the
those
one of
the
Foucault's
emergence
of
capitalists.
The
the
modern
the of
are
prisons,
prepare
free. are
a re to
have
themselves
being
exploited
ones
gets
the
benefits.
who
produce This
is
institution." to in
prisons, the
to
However,
the
prison
t he
Imposing
order
are
prison
t he
or
prisoners in
same
crimes
discipline. or
the
threaten
crimes
industries can
The
they
the m o d e r n
approach t he
prison.
because
prisoners
who
sad
analyzes
they
the
are
t he
they
they
capitalist
because
In
punishment
criminals
because
the
to
when
were
ages,
concept
so
prisons
early
With
prison
punishment,
crimes.
exploit
those
through
Foucault,
ironic
the
of
to
ways
economically
forms
class-capitalist
of
of
capitalists.
capitalists
Similar
properties
discipline,
free
the
corporal
introducing
to
to
by
from
two
and modern
ruling
institution
the
within
in
of
the
ages
in e f f i c i e n t
even
by of
obligated
early
the
the
both
in
punishable
properties
sum,
properties
crime
idea
in
Rothman,
context
of
lM i c h e l F o u c a u l t , D i s c i p l i n e a n d P u n i s h m e n t . (NY: V i n t a g e B o o k s , A D i v i s i o n of R a n d o m H o u s e, 1 S 79 ) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
and a
11 industrial and
society
earlier
believes
forms
that
evolution
population. of
asylum
attempt
constricted,
and
18th
aimed
to
right
action
the
h is
study
century,
for
the
ensure
on
of
prison
Rothman
of
societal
criminal
that was
the
discovery
the
foremost
at
a moment
society
appear
the
Rothman
inmates,
larger
proper
the
the
out
context
practices
rehabilitate
exemplify
toward
stability
the
Foucault,
a result
points
social
between
when
outmoded,
ineffective.
focusing in
as
attitudes
a
and
Like
emerged
Rothman
in
promote ideas
thus
prison
(prison)
relationship
punishment.
t his,
traditional
prisons
the
changing
To
to
By
of
the
and
and
society,
of
found
and
principles
safety
Auburn
of
that
this
well
and
set
Pennsylvania the an
ordered
social
asylum example
asylum
republic
and
promote
18th
century,
a criminal
a
was
of
would
organization
the
w as
and
its
glory. For
Rothman,
considered
as
retribution. The
purpose
discouraging severe them
a
the
sinner
and
Therefore, of
this
them
discipline
from
in
is
was
wrongdoing
were
intimidate
further imposed
in
sinner
punishments to
from
of
the
the
future.
t he
demanded
harsh
and
a cruel.
offenders,
depravities. upon
was
t hu s
Furthermore,
offenders
Otherwise
the
to
prevent
judgements
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
12 of
God
birth
would of
fall
upon
the
asylum.
Rothman
through
Calvinism
crime
theological
devils
the
behavior
above
asylum
was
was
notions,
addition
to
work
(labor)
was
Pennsylvania
prisoners
and
in
manner.
the
identity The
rather the
a product
human
reeducate of
the
contact
and
and
beings.
be
avoid
asylum.
nature
sterilized a bad
were
of man,
no
Moreover, Based
in
the to
the
a glance
the
For
on
t he
environment.
led
during
totally
l ef t
the
environment.
Calvinists
even
that
the
sleep day.
with
isolated
Auburn
alone
Mo
fellows.
all
institution
and
t he
time
ignorant
of
convicts.
the
church
that
deviancy
environment,
institutions Therefore,
rehabilitate
penitentiary with
were
notion
of
the
prisoners
n ot
found
of
the
preceded
perpetuation.
together
They
other
Calvinist
family
fellow
allowed
of
to
t he
study,
in
its
must
Auburn
conversation
of
on
crime
notions
existence
inherent
this,
at
every
the
in o r d e r
prisons.
and
of
not
the
These
historical
a product
Pennsylvania night
land.
insisted
institution
In
his
inspired much
Calvinists,
deviant
the
was
corruption,
to
the
l ed
the
not
inherent
people
failing
to
educate
people
counted
on
prison
deviants.
within
the and
To
t his,
offender outside
the
to
duty
from its
b ut
to b l a m e
f or
separate
both
was
all w ai l.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
13
Through
isolation,
regimentation, the
central
attention the
prison's
concerns
inwa rd ,
institution.
proper
As
for
th e
Unlike
of
physically
Sykes
his
in
t he
attempts
th e
inmate
study by
society
ultimate
means
fails
consolidate
unwilling
and
instability by
the
within
of
st af f , th e
instability
David
of
th e th e
J.
to
is
ruler's prison in
became
ai l
space
their
within
embodied
and w o u l d
the
serve
as
security to
has
over
prison,
achieve that
control power
a norm
of
total
that
power
prison
the
defective.
population,
inmates,
found
deviance,
because
is
its
frequently
maximum-security criminal
total
never
fails.
as
t he
the prison
population The
fully
controlled
over
is
inherent controlled
deviance
setting.
Sykes,
in p r i s o n
Rothman,
and
prison
a struggle
the
this
results
time
turned
penitentiary
that
staff
controlling
institut ion
According to
views
They
psychologically,
maximum
population,
and
arrangements
organization
sees
prison
Although
to
who
on
and
of
th e
organizations
society."
and
t he
division
social
Foucault,
right
reformers.
result,
entire
control,
the
the a
habits,
architecture
of
to
principles
a model
steady
one life
of is
the
key
that
The D i s c o v e r y
problems
t he
cf
O r d e r a n d D i s o r d e r in The N e w R e p u b l i c . L i t t l e , B r o w n a n d T o m p a n y , 1 9 7 9).
number
that of
The Asy l u m ,
l ea d s
t he
Social
;B o s t o n - T o r o n t o :
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
14 inmates
is
not
proportionate
Therefore,
the
strict
to
psychological
inmates There
are
is
only
no
social
than
help
to
from
society.
officials
always
admit
Their
it.
orientation the
guardians
these lie
is
the
same
wish
to
basic
it
punish is
rather
crime the
cause
individual
this
The
prison.
inmates
wall the
g ro u p.
does
but
the they
never
Consequently,
their
rehabilitative.
like
the
inmates.
criminal but
more
prisoners
that
inmates,
leads
th e
a social
ironic
hatred.
himself,
the
condition,
hides
is
the
of
of
than
also it
of
prison
than
just
size
behavior
rather
t i me ,
motive
punitive commit
the
escape;
the
Under
interaction.
circumstances,
within
of
aggregate
prevent At
control
depression. an
with
Here,
Under
behavior
in t h e
does
not
social
environment. In has
toe
terms many
of
The
administer life
of
punish. that
This
orders
possession
To
that
posses have
and
prisoners,
officials
comoulsion.
Officials custodians
the
the
management,
bureaucracies
socialization. coercion.
prison
but of
could
force
t his,
it
Sykes
alienate
not
regulations the
seems
results
prisoners that
only
to
the
that
prison
inmates
of
which
right
authority the
t he
a monopoly
rights
also
found
th e to
are
from
means issue
to
of and
guide
the
detain
and
in
belief
the
without
custodians
moral are
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
bound
to
their
captives
compelled
in
imprisonment structure
the
is
Sykes
inmates to
Therefore,
guards
are
(order, this,
the
The
service
a career.
the
they
background
guards
are Lack are
not of
rather
not
system
guards have
a
based
of
have
than
on
the
the
they
lack
physical
socialize
much
with
the
performance
guards
worsen
in
the
well
bur
as
due
to
the
o
t he
prison
to
requirements,
inmates
of
e t c ) . In
trained
officers,
bureaucratic
noise,
leads
as
of
conflict
experience
guards
unforeseen regular
and
they
short
do
period
duty. In
always
addition provides
Deprivation
to
his
five
study,
Sykes
deprivations
of
liberty,
goods
relationships,
autonomy
(hours
and
t he
interested
The
of
conflict
cleanliness,
behavior.
net
of
since
promoted
quiet,
situation. as
wrote,
a bureaucracy,
(rank). The
addition
relationship
acquiescence.
Furthermore,
loyalty.
a
notes
that
that
harm
the
prison inmates:
and
services,
heterosexual
of
sleeping,
eating,
etc),
security. Within
the
framework
depicts
the
unpleasant
amongst
the
prisoners
of
views and
these
five
within
between
the
the
deprivations, wail
of
prisoners
Sykes
prison and
the
guardians.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Sykes society, social of
concludes
the
society
Fo r
Sykes,
accumulative
other of
from back
total
riot
power
of
Along the
released serious
by
line, of
amazing
1983
were
misdemeanor of
cheaper,
According
to
rehabilitate,
as
tougher Elikann, and
prison
to
and this
provide
caused
open
of
and
also
of
f or
a
for
By
prisoners or
more
proposes
services
can
prison.J
felony
Elikann
the
In
mass
criminals.
again
to
to
pessimistic
state
space
try
and
all
community
l ed
possession
Overall,
of
years,
that
they
the
prison
is
an
inmates.
officials
alternative jobs
by
form
problem
over
guardians.
62%
three
of
when
rehabilitate
that
namely
prison--
Elikann
rearrested
within
prison,
the
T.
extreme
result
control
were
guards
Peter
the
occurs
leadership
by
data
to
Riot
total
of
a
regular
experiences
take
as
like
from bureaucracy
inherent
hand bad
even
occur
power.
that
sometimes
started
of
authority
an
in
It
noting
may
riots
asset
the
function
alternative much
on
this
presenting
which
deprivations
triggered
corruption
about
the
power
was
and
by
captives
Deprivations
corruption
words,
study
mass
process.
deprivations.
take
of
disorganization,
r i ot .
comes
his
which
an
are
needed. educate,
criminals
much
more
3G r e s h a m M. S y k e s , T h e S o c i e t y o f C a p t i v e , A S t u d y M a x i m u m P r i s o n . (NJ: P r i n c e t o n U n i v e r s i t y P r es s, 1 974).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
than
of
17 prison. the
In
his
prison
conclusion,
system
d oe s ,
Elikann
it
always
maintains a place
to
that
whatever
learn
to be
a
c r i m i n a l .4 Sharing concentrated By
focus
of
his
about
prisons
tracing
the
House
model,
Big
contemporary occurred guards
of
that
Correctional
Institution
to
the
the
Irwin
found
three
models
prison
prisoners.
These
from
that
to
that
violence
always
groups
better
inside
and
activities,
inside
or
by
rights the
of
came
outside
the
from
t he
that from
groups,
the
these
otherwise,
self-help rights
organization
groups,
life,
the
factors
conditions
civil
better
the
k ey
prison
black
prison
outside
organization;
that
demanded
the d e m a n d s
have
out
improving
morality,
prisoners
undertaken
for
of p r i s o n e r ' s
higher
Departing
points
demand
etc.
Any
in p r i s o n s .
prison
movements,
among
violence
Irwin
of
furthermore,
organizations,
concludes
on
Sykes,
prisons.
emergence
and
with
development
those
of
study
the
prisons,
triggered the
study
history
within
Irwin,
are
a similar
wall wall the
of
Irwin
organizacion is p r e r e q u i s i t e . should efforts
be of
4? e t e r T. E l i k a n n , T h e T o u g h On C r i m e M y t h , R e a l S o l u t i o n s to C u t C r i m e . (New Y o r k - L o n d o n : I n s i g h t Boo ks , P l e n u m P r e s s , 1 9 96 ) , 141.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
18 improving in
chaos
the and
prisons
and
to
the m e t h o d
(ethnography), Fleisher California.
description study
life
of
the
inmates
will
end
violence.5
Similar
Prison,
the
of
the
resulted
in
that
Sykes
employed
on
h is
his
field
research
on
Lompoc
did
However, prison's
a
Sykes
came
management
favorable
out
with
while
judgement
on
study
a critical
Fleisher's
the
prison's
management. Fleisher's prison.
He
study
found
produces
that
Lompoc
controlling
the
study
ethnographic
is
an
informal federal profit rates has
forces
of
and
level
infractions.
To
operation
the
The
relatively
administrative
of
this,
of
experiencing
management
and
remedy
operation
5J o h n I r wi n , P r i s o n s in Scott, F o r e s m a n and Co mpa ny,
of
of
t he
the
rates the
and t he
a model of
on that
and assault Lompoc
disciplinary management
for
internal
prison
H is
and
humane,
reveal
is
in
Lompoc
statistics
how
f or
successful
formal
make
violence
found
hope
inmates.
peaceful,
provide
higher
of
and
fairly
filings
reported
can
is
that
Official
Fleisher
prison
image
inclinations
control
penitentiary.
lowest
facilities
a
prison
evaluation
social
penitentiary making
the
anti-social
a good
and
emulation discord.
relatively
T u r m o i l .(I l l i n o i s - L o n d o n : G l e n v i e w , 1980).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
by
free
of
the
The have
violence
key
to
industry
procedures
abundant
success
within
within
punishments
that
and
system.
prison
industries
cooperate could
t he are
One
learn
a
self-esteem.
otherwise
the
inmate)
which
incarceration restitution the
Under
the
model,
convict
who
losing
self-control, regular
a
model
of acts and
daily
of
the
federal
participation steady who In
money
of
and
to
way,
inmates
develop
positiv
inmate
violence,
benefits
of
(annually
prison
the
income
this
and
in
choose
reinforce
the
for
employment $30,000
per
factories,
compensation
prison
or
management
should
be
recommends.
rewards
and
violently he
range
in
staff.
of
disciplinary
rewards
inmates
a victim
to
relatively
inmates
in
is
the
also
the
large
offers
lose
Fleisher
system
a
his
and
This
Fleisher,
de-escalation
would
management
by
earning
support
costs,
above,
income,
the
prisons.
force
is
those
would
benefit
could
f u n d.
national
while
inmates
could
reward
labor
including
system
of
correctional
behavior,
This
greater
program which
trade
For
provide
levels
for
many
prison's
prison.
given
such
the
This
the
prison
activities with
plagues
for
the
intricate
prison
meaningful
that
pays
routine
punishments pays
a high
immediately. and
He
lifestyle,
mentioned price l o s es
for h is
a level
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
of
20 freedom good and
afforded
time
( r im e
possibly
in t h e earned
his
to
Fleisher
concludes
comforts
off
his
placement
transfer
and
a
regular
less
that
at
desirable that are
penitentiary sentence
the
available
control.
Fleisher
who
views
rule,
is
that
Much only
over
of
the
on
prison's
prison, guards staff
New are
fashionable power,
of
the
hand,
by
t he
inmates,
etc.
nonmaterial
inmaces force
through of
in
of
its
rewards
thi s
social to
Foucault,
disciplinary
exploitation
looks of
his
pet as
field that that
the
study bad
we
surrogates,
literature
of
t he
as
on
guards. of
Auburn of
prison
view
prison
which corrupt
guards
captives,
position
always
also
the
images
theories, guards
at
prison's
investigates
fact
such
police The
prison
found
eyes,
caricatures as
on
Through
inmates'
guards
s ho r t,
in c o n t r a s t
description
Lombardo
inspired
through
of
other
Y o rk,
is
In
through
inmates.0
a murky
guards.
the
vehicle
literature
the
and
driving
industry,
effective the
provides
Lombardo, t he
prison's
the mo st
capitalists
but
point,
the
to
is
this
prison
penitentiary.
industrial-penitentiary At
f or g o o d b e h a v i o r ) ,
Lompoc
the m a t e r i a l
population,
as
heavily
yield wielders the
enemy
relies
’M a r k F l e i s h e r , W a r e h o u s i n g V i o l e n c e . (L o n d o n - N e w Delhi: S age P u b l i c a t i o n s , The I n t e r n a t i o n a l P r o f e s s i o n a l P u b l i s h e r s , 1 989).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
on
reports books.
of In
the
inmates.
addition
unapproachable; confined
and
For prison
an
fellow
security
and
services
and
Guards
ameliorate
we
The
is
guard's
the
agents
or
or
are
is
house
a
being
his as
in
t as ks , well
as
h is
a combination keeping, to
material
goods
deprivation, to
prison
direct
of
and
provide
advocates
psychological
guards
participant
with
obdurate
referrals
that
we
active
job
wrote
rules .
required
inmates
otherwise
and
that
administrators
always
referral
emotional
an
supervision,
lessen
through
feel
guards
assume
interacting
and
are
an
always
few
bureaucratic
guard
officers
negotiate
intervene
by
individual
institutional
inmates
the
desires.
to
we
result,
maintenance,
humanitarian.
as
a
this,
controlled
li f e,
needs
and
as
Lombardo,
inmates, own
to
Unfortunately,
a
help
bureaucracy
service,
problems
to
among
the!
wards. Based rejected work and
t he
guards'
misleading
that how
on
questions
the
ideas why
correctional
tasks
listed
above,
about
guards
and
the
guards
officer's
join
Lombardo
h as
the
produced
security
effectiveness
can
correctional
major
officers
conclusion
is
mainly
economic
f or
that
guards
be
become
reasons.
a
force
improved. Lombardo's
h as
They
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
22 become to
members
become
civil
of
the
guards'
group
guards,
but
rather,
because
service
Despite
this
mainly
correctional pay
is
not
Auburn their
workers
prison
inmates,
forced
However, adapting mental Next
to
ranked
example
of
with
an
that
responsibility
for
of
first
Lombardo,
dependent
to
in
in and
sum,
commits the
work.
of
points
notes
though
that their
in
prison
for
guards,
had
like
trouble
Physical negative
support out
that
the
prison
a multitude
of
sins of
prison guard
is
and
aspects.
the
It
character
danger
from
worker.
negative
pay.
guards
the
they
job's
lack
alienated
on
become
work.
that
th e
Many
imprisoned,
their
prison
regular
even
desire
to
Lombardo
service.
reported
aspects
and
effectively,
Being
adapt
guards
administration
work
to
frustration
management. classic
the
some
strain
was
lifestyle.
they
they wanted
security
civil
imprisoned,
secure
are
in
because
motivation,
perform
highest are
job
economic
officers
the
new,
with
not
and
t he
is
h as
a
the
guard's
environment. In
guards
the have
practices
conclusion to
be
should
in d e c i s i o n
of
given include
making.
his
more th e
Finally,
study,
Lombardo
training,
suggests
and management
first-line
correctional
the
must
guards
that
have
officer
better
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
23 pay.7 While
Sykes'
rehabilitate In
his
the
study,
prison
pessimism inmates,
Johnson
sometimes the
pains
measure,
civilized,
well.
Johnson
three
stages
public
shows
(2)
psychological of
Johnson building; Prisons, of
in
argues
even
citizens. fact
worth
the
agenda
goal
of
are
was
in
t he
our
shall
and
promote
and
punish
for
mean if
the
for
humanity
" L u c i e n X. L o m b a r d o , G u a r d s I m p r i s o n e d , O f f i c e r s at Works. (NY: E l s e v i e r , 198 1 ).
a
(3) the
be
citizen
world. the
virtue most
punishment Departing
Johnson,
preserving
of
from
our
civilizing.
correction, not
free
of
as
prisons.
serve
and
staff.
result
and
must
instruments
of
historical
removed
prison
ho pe .
civilizing
in t h e
hopes,
striving
any
later
civilized
it d o e s
by
and
be
both
if
main
us
from
c i r c u m s c r i b e d . T o d ay ,
must
idealistic
not
that
are,
to
features
eliminated,
They
the
is
the
was
confine
from
it
is
been
offers
brutality
punishment
pain
the
prisons
they
in
all
(1)
prison
potentially
as
are
at
today's
regard,
that
nothing
that
that and
are
of
optimism
prisons
hence
in p r i s o n
this
citizenship
wayward
today's
and
has
pain
first
violence
physical
pain
ability
acknowledges
evolution:
vi ew ,
ameloration
of
the
Johnson's
feature
However,
on
means
humanity we
and
preserve
Correctional
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
24 not
that
cf
believes mature daily
a mature the
ultimate
goal
adults
who
can
in
To
must
cope
maturely
they
do
coping
to with
F ir s t, problems
prison
they
the
Third, others.
The
must
the
can
and
and
to
cope
produce with
the
others.
stresses with
"mature
the
prison
coping"
demands
experience
failure.
deal
with
with
that what
must
There
are
is
of will
three
ways
know
to
create
(meeting
inmates
must
rightfully deception
always
must
have
problems
t he
avoid
violence
inmates
inmates
of
means
inmates
deception
the
is
Johnson
l ife:
o n ) . This
best
Second,
catalog
prisoners
head
the
because
their
not,
reform
harming
prisoners
add
the
without
Johnson
If
perspective,
society
end,
simply
do
life
of
that
li fe.
or
of
live
this
achieve
prison
of
From
that
problems
where
adult.
how
create to
t h e ir s .
and
violence
enemies.
care
a human
perform
for
self
community
and
within
wall.3 Sharing
prison
life,
the Toch
uncomfortable, however,
we
to
also
same
optimism
admits be
that
much
strive
to
as
Johnson
prisons
are
does meant
l e ss
than
desirable.
not
make
prisons
on to
improving be
Nowadays,
flagrantly
3R o b e r t J o h n s o n , H a r d T i m e , U n d e r s t a n d i n g a n d R e f o r m i n g th e P r i s o n . (Monterey, C a l i f or nia : B r o o k s / C o l e P u b l i s h i n g C o m p a n y , 1 995).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
25 inhumane
and
out
prisons
that
because Only
we
psychologically
do
inmates
inmates
who
still
not
fail
harmful. to
understand
have
the
write
carry
the
prison
out
of
are
moreover,
points
their mission
personal
experience
about
T o ch ,
impact
of
imprisonment, neither
prison.
and
dispassionate
nor
representat i v e . Based
on
his
focuses
on
what
ecology
of
prison
environment
of
inmates,
Toch
inmates
within
adjust
belief
he
calls here
the
The
concentrated the
Ecology
refers
inmates.
prison
above,
to
of
both
Prison
social
By d e v o t i n g on
seven
that
Toch's
his
lead
S u r v i v a l . The
and
physical
attention
aspects
could
study
of
the
life
on
of
inmates
the
the to
themselves.
F ir s t,
activity,
opportunity
to
be
destruction
so
the
spending
their
Second, and
mentioned
physical
occupied
privacy
to
to
and
feel
which
quiet,
absence
noise
and
crowding. safety
chances
of
that being
of
a
need
for m a x i m i z i n g
to
fill
time;
have
something
to the
a need do
the
pain
of
deals
with
a concern
overstimulation;
and
reduces
inmates
times
peace
Third,
refers
a preference
environmental
relates
to
than
life.
about
social
isolation,
irritant
providing
for
rather
prison
f or
the
such
protection
attacked.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
as
and
26 Fourth, need
to
be
intimate
emotional
loved,
feedback, w h i c h
appreciated
relationship
than
and
shows
cared
provides
that
for.
A
emotional
the
inmates
desire
for
sustenance
and
empathy. F if t h, reliable
support
and
Sixth,
tangible
rules,
Seventh, autonomy, govern
own
Finally, provide
"a
Toch
to
it
relaxation
stress
highlighted linguistic
is
study is
the
study
the
aspect
and
need
settlings.
inmate
need
consistency,
of clear
schedule.
refers
the
to
the
inmates
and maximum
need
for
opportunity
of
and
on
as the
the
of
prisons
Niche
means
A
niche
people,
to
also
Freeman who
culture
a
functional
and as
instrument
realization that
should
is p e r c e i v e d
a potential
prison
work
our
resources,
people. seen
that
inmates.
space,
ameliorative;
Another
fixed
this
persons
predictability,
recommends
between
of
from
in
life.
object,
relationship
inmates
emphasizes
restrictions
niche"
sub-setting
and
freedom,
minimal
their
that
stability,
orderly,
means
assistance
structures
environmental cut
which
of
for
required
needs
to
conducted
of W a s h i n g t o n
the
e n ds .'
be a
State
3Hans Toch, Living in Prison The Ecology of Survival, (New York: The Free Press, A Division of M a c millan Publishing, Co, Inc, 1977) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
27 Penitentiary language
is
language
was
at W a l l a hard
that
on the
the
same
important
of
inmates
to
role
and
that in
the
and
conspiring
serves
membership. his
The
allegiance
expression
of
imprisoned the
use
by
New
Sykes
Jersey.
within
t he
is
a rg o t, group
and
He
the
an e f f e c t i v e inmate
his found play
l i fe
tool
inmace
according
loyalty
in
walls
understanding
offender,
inmate
found of
between
an
to
social
Language
The
as
alternative
and
guardians.
prison
Prison
also
and
that
forget.
Prison
describing
communication
found
to
inmates
prison.
Sykes,
an
was
Security
the
inmates
hard
define
of
between
Freeman
phenomena
Maximum
language
an
learn
created
r e a l i t y . 10 T h e study
to
Walla.
of and
to
and
group
it
is
h eld,
indicates
population
by
using
the
special
v o c a b u l a r y .‘' A work.
study Useem
anytime.
always
prison
believes
Prison
regulation to m a k e
on
is
that
riots
tightest
riots
riot,
costly.
Each
prison
occur and
impossible. riot
is
available
3ert
riots
by
nature,
especially
in
those
physical
constraints
Ironically, can
on
exceed
prison
S1G0
Useem's can
occur
units
where
are
riots
million
supposed are
for
iaI n e z C a r d c z o - F r e e m a n , T h e J o i n t : L a n g u a g e A n d C u l t u r e In A M a x i m u m S e c u r i t y P r i s o n . (Springfield, Illinois: C h a r l e s C. T h o m a s , S p r i n g f i e l d , I l l i n o i s , 1 98 4 ) , 579. "Sykes,
241.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
28 restoration. handle 1)
Therefore,
prison
before
the
authority,
among are
riots
is
r i ot ;
orderly
effective
consequences
of
r i o t;
resources
officers
from within
broader
corrections
agency,
and
dispersion destroy and
of
after the
evidence
A David
must
be
profit Shicnor
population
in
must the
the
riot;
taint
oriented
t he
Unites
area
unstoppable. the
clear
actions,
their at
skills h an d,
sometimes process
of
lines of
of
th e
a
and
training
sense
during and
from
th e
human
of
the
recollections
the
outside
clean
restoration
to
strategy:
from within
and
the
way
and
2)
material
facility,
perspective
focuses
increasing
of
appreciation
of
a ll
best
up,
order of
injured
the
may
eyewitnesses staff
and
well."
who
of
and
the
stages
p ost,
assemble
prison
agency,
treated
the
privatization
lines
In a d d i t i o n ,
result, is
command
that
Useem,
three
challenge
inmates, and
participants.
inmates
the
officials
3)
create
to
communication,
to m e e t
prison
to
alternative
correctional
adequate
according
his
study
States
number
of
Therefore, prison
on p r i s o n on
from
t he
time
is
offered
growing to
t ime.
inmate As
public
spending
on
Shichor
proposes
th e
system
to
reduce
the
by
a
this i d ea
public
12B e r t U s e e m , C a m i l e G r a h a m C a m p , a n d G e o r g e M. Camp, R e s o l u t i o n o f P r i s o n R i o t s , S t r a t e g i e s a n d P o l i c i e s . (New Y o r k - O x f o r d : O x f o r d U n i v e r s i t y P re s s, 1 99 6) , 6-7.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
of
29 spending.
From
the
prison
the
American
system,
the
people
in
idea 2)
facility
much
by
and
To
private
of
and
by
end,
of
the
beliefs free
market
state agrees
construction
in
prisons,
of
and
3)
correctional
These
private
less
basic
Shicnor
and
a whole
contractor.
successfully
efficient
this
involvement
operation
of
and minimal
financing
industry
the
privatization
enterprise,
economics,
a private
out
more
1)
because
private
economy.
private
perspective,
necessary are
the
of:
management
carried
is
laissez-faire
prisons, the
ideological
system
interference with
an
three
sectors
bureaucratic
sectors
because
than
the
can
they
be are
public
s e c t o r s .13 While
most
States,
some
Through
his
Western
Europe,
focuses
on
In
of
this
cross
research
national
comparative
the
the
purpose
Socialist
of
punishment
is
of
hard
within
are
on
and
Kaiser
the
also
Socialist
punishment
compensation the
of
States,
countries,
of
labor
studies
study
United
focuses
countries,
to
found
pay
Kaiser
(19S 2;
imprisonment. that
(retribution).
prison
available.
Japan,
and
United
the
the
This
purpose consists
inmates'
debts
“ D a v i d Shichor, P un i s h m e n t For Profit, Private P r i s o n s / P u b l i c C o n c e r n s . ( T h o u s a n d s Oak, N e w D e l h i : S a g e Publications, International Educational and Professional P u b l i s h e r , 1 99 5 ) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
to
31 which
will
give
them a
themselves
and
purpose
imprisonment
of
their
reasonable
dependence is
chance
through
also
shared
to
maintain
honest by
labor.
This
Japanese
i m p r i s o n m e n t ." For be
political
mentioned.
the
prisoners
Through
concentration
her
camps
Ireland,
L a t i n .America,
that
status
the
criminal the
of
t he
Moreover, one
area,
rights ha nd , and
of its
is
r i gh t s.
state
contracted
arena
with
few
numooer;
m
Indc
Nazi',
China,
prisoners
of M i l l e t prisoners
Algeria,
Miiiett is
prisoners
was
number the
m
t he
a triumph
against a.ncrher
the
much
are
must m
Bntish-
found worse
out than
considered
triumph
Turned
one
m
briefly,
violence, of
tortured
number
of
abolition f or
as
then
suspected cclitical
a nd
In the
state t he
expanded
brutality,
torture
political
for
place,
of
reform
state.
area,
a greater
only
preater
The
political
and
reveals,
individual
reappearance
might.
and
on
the w o r k
s t a te .
Millett
subversion,
individual
(Gulag
Political
criminality, the
study
of p o l i t i c a l
prisoners.
enemy
issues,
and
the other
dissent
power
f or c e i nt o
in
of
over the
another
oppressive
criminals enemies
was
have and
" G u n t n e r .kaiser, .•'risen s y s t e m s a n a _ o r r e c c u o n e _ E u r o p e , the U.3, J a p a n , a C o m p a r a t i v e A n a l y s t s . T cb b F er ry , NY: T r a n s n a t i o n a l P u b l i s h e r , Inc, D o b b s Ferry,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
been is
30 the
society.
emphasize perform
training.
the
Prisoners those the
of
Therefore,
work
are the
legal
to
individuals
who
sentence life
of
social
(correctional protect prison life
in
The
the
free
goals). from
States
is
in
the
United
States
are
an
independent
themselves
as
good
The
attitudes
work
and
penal
to
meant
party
also
criminal
follow
measures
to
to
is
prepare of
to
should
a
future
crimes
should
acts.
t he
a prison
live
committing
execution
to
crimes.
execution
without
Europe,
to
the
serve
to
Therefore, be
purpose
rehabilitation. meant
responsible
expected
attitude
are
must
similar
to
world.
United
wholesome
working
of p u n i s h m e n t
institutions
the
are
their
imprisoned
further
in
inmates
world.
countries
administration.
dangerous
purpose
Penal
to W e s t e r n
and
the
of
strict
prisons
the
the
outside
Similar
applies
the
Socialist
to p e r f o r m
socially
enable
within
the
state
by
conform
responsibility
society life
society
the
capable
them
to
Therefore,
enter
should
to
taught
Europe,
rehabilitation. to
be
in
prisoners
assigned
commit
In W e s t e r n
inmates
All
general
order.
prisons
return
toward
to
l i v in g ,
citizens
assist
life to
with
As
in a
society with the
of
imprisonment
a
result,
prisons
the
inmates
to
free
society.
with
a desire
skills
and
l ea d The
a more to
conduct
knowledge
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
32 vast
and
endless.
The
offenses
nearly
universal
through proof.
real The
torture we
or
forc e, and only
but
pity
principle.
widespread
the
overturning
also to
in
conditions
work
of
Wolfgang
Sofsky
work
to
be
into
resistance, opponent dominion.
has
ca mp ,
to
the
to
law,
and
fellow
to
under
of
sometimes
return
of Millett,
barbaric
years
circumstances
camp
political during
is m e a n t
fear.
It
violence
Sofsky to
comes
and
the
relevant
consideration.
eliminated
Therefore,
of
is a n o t h e r
terror
spread
been
a
far m o r e
according
hundreds
of
evidence
than
suffering
Such
rule
heretical,
rather
above,
of
concentration
concentration
or
against
of
social
invite
not
terror.*5
t he
taken
were
were the
of
Witnessing
only
development.
and
capable
power
not
Related especially
to
mentioned
but
code
political
time
political
criminals
ideological,
insults
moral
acts,
t he
abstract,
in o u r
witness
of
against
and m oral
specific
offenses
imaginary
citizens
social
and
theoretical, even
alleged
the
remains
prisoners Nazi's and
an
contends
peace an
end of
t he
necessary
intimidate,
to
time,
when grave
instrument
that
to
in
crush
the
l as t
holds of
15K a t e M i l l e t t , T h e P o l i t i c s o f C r u e l t y , A n E s s a y on the L i t e r a t u r e o f P o l i t i c a l I m p r i s o n m e n t . (New Y o r k - L o n d c n : W . W N o r t o n a n d C o m p a n y , 1994).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
33 suppression,
a means
achieved
the
became
and
order
to
it
a
as
are
power
is on
stable
ten
record label
his
analysis
areas
need
inmates.
divided,
so
structure
of
of
and
that
that
and
to
to
of
which
h as
the
was
discipline
monitor
of
bureaucratic
power
an
absolute
determine
the
able
to
absolute any moves
power
was
were
a
social
goods,
power that
ideological
established
and
destruction
is
graduated
took
power.
functioned of
the
to
relationship
create of
of
f or
place
area.
power
the
on
degree
distribution
Third,
not
hierarchy
c l a s s i f i c a t i o n . Inmates
system
was
namely
high
a power
concentration
belief,
codes
absolute
able
strong
structures
s ee
absolute
but
regulated
camp
First,
in
this,
violence,
was
concentration
highlighted.
To
of
labor,
absolute
exercised.
to
means
power
Fourth,
have
military
prestige.
the
we
that
by
and
within
stating
camp,
is
community.
supported
privileges, which
by
despotism
is
social the
ruled
been
power
Second, is
power be
has
This
social
of
It
to
power.
inmates,
class
concentration
absolute
keeping.
between
t he
end
consolidated,
continues
division and
that
lawless
a monopoly
personnel
power
where
framework
Once
and
organized
command,
e nd .
reality
understand
there
just
then
place
an
regime's
unavoidable
Sofsky
to
Jews
The by
a
and
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
34 everyone power camp is
the
was
a power
should
an
regime
not
oppression
and
humiliate,
to
resist,
to
drain
a total
power
power
of
one
th e
cruelty
and
its
absolute
torment,
to
break
and
which
Ninth,
of
certain power
destroyed
of
living
inventions
of
the
at
its
own
Sixth,
nature
s ho r t ,
was
ability
its
power
terror.
used
In
vulnerability
In
over
to
surviving
was
a power and
until to
skeletons
concentration
Before
step
was
by
or.e of
c am p.
a c c r r a n d i c e m e n t . It
t he
draw
where
of
che
ocerated
the next
co a nd
it
subjugated, F ight,
and
d s a ” n.
next
cay.
lin e
s tep. th e
was
powerlessness.
their
T enth,
the
way,
life.
fa a n
to
power
of e a c h
the
perpetuate
death.
gradually,
of
of
violence
this
human
ccnscani
of
power
coercion
inmates
absolute
of
the
to
the
the
livad
life
of
but
absolute
of
power
state
where
a mean
absolute in
a means
ends,
destruction
ir.rr.a.es
production
aimed
the
a machinery
between
were
in
was
It w a s
the
Labor
labor
camp
t hem.
to
kill
permanent
was
absolute
persons
to
Seventh,
power
demarcation
refers
p ow e r ,
t he
be
destroy
essence
power
could
in
terror.
"da
None
Labor
Fifth,
la bo r.
forced
of
the
own
human
confused with
person
demonstrated
" s u p e r f i o u s ."
a means
other. as
as
legitimize
of w o r k .
b e g i n s . Absolute kill
to
be
instrument
defined
of
heaths, The
genuine absolute under
the
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
power
cumpulsion were
no
any
next
study
Meer.
focused
her
legendary her
he
sent
colleagues, letters
and
for,
Mandela
life
for
belief
that
citizens, One is
the
time the he
this
best was
life
prisoner and
of
the
government
various
able three
to
in
pass
a public
and
his
struggle
is
adjusted
of
issue.
when
there
h is
h is
political the
reading
f ig ur e ,
politics
Those with
and
and
f or
most
letters
prison Pealizm
his
his
high
fought
difficult
strong
fellow
life. is
most
family.
concerned He
prisoners,
prison was
that
M ee
conducts
tolerance.
struggle
Mandela of
his
high
prison
She
Africa.
struggled
needed
to
members
within
with
the
friends,
found
by
method,
Mandela's
South
he
offered
had.
sons,
Meer
is
Mandela,
ever
through
the
that
For
we
of
what
decades
issues
Nelson
daughter,
as
the
until
analysis
collecting
topics.
belief
data
that
and
activity
upset
the
wife,
education
on
on
h is
was
reached
prisoners
a secondary
to
deep
were
political
tracing
Mandela of
ends
by
almost
positron
on
using
study
covered
optimism
his
By
Its
e x c e p t i o n s . 10
political
research
that
totality.
longer
The Fatima
of
is
cut
spent like
reading. off,
with
much
Mandela,
Therefore,
because
readings
:sW o l f g a n g S o f s k y , T he O r d e r o f T e r r o r , T he C o n c e n t r a t i o n Ca mp . (Princeton, New Jersey: P r i n c e t o n U n i v e r s i t y P r e s s, 1 9 96 ), 16- 2 7.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
36 for
him
are
the
free
because
world they
anything they
the
very
world.
important
feel
happens
free
to
that the
for
they
In
addition,
political
are
society
access
prisoners
responsible
which
to
they
for
believe
that
r e p r e s e n t . 17 work
prisoner
who
issue.
He
as
standpoints
Sakharov,
another
t he
Prize
work
wrote
experience
Sakharov
of won
important
mere
is
to
always
that
The
an
access
when
dealing
his m e m o i r s
a prisoner
that
admits
painful
Nobel
opposed that
than
in
a political
prisoner
beliefs
to
those
and
a
Peace
in
reflection because of
another always
values
political 1975,
political
has
are
his
Soviet
of
also
personal
political regime. is
always
prisoner,
f ai t h ,
n ot
his
prisoner
type
is
prisoner's
of
of
the
a political
of
because
hold
with
policy
as
life
for
Gorky
the
life
the
as
legendary
idealism,
in a c c o r d a n c e
and
with
reality. For
Sakharov,
universal
values.
fight
these
pa y.
for These
through
idea
of
Therefore,
values
values
their
t he
political
regardless
could make
prison
democracy
lives
of
without
justice
prisoners
the
political
and
price
realizing
always
they
prisoners the
are
have
to
pass time
17F a t i m a Mee r, H i g h e r T h a n Hope, T h e A u t h o r i z e d B i o g r a p h y of N e l s o n M a n de la. (New Y o r k : H a r p e r & Row, P u b l i s h e r , 1990) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
they
37 served.
Sakharov
rulers,
both
the
people
both
the
Tsars
as
of
and
man
by
that
and
long
as
have
the
as
the
intelligentsia,
the
and
citizens,
state
as
political
country's
traditionally
not
regarding
"us," Gorky
as
commissars,
subjects,
common
reciprocated instead
believes
and
the
the
viewed
people,
have enemy,
prisoners
as
are
"them"
always
p r e s e n t .i8 The
next
Swidlicki, Poland under
who
from
1981
the
society,
of
political
focuses
Communist
facilitate into
work
to
1986.
regime reform
but
also
or
demoralizes
as
as
their
their of
bodies.
the
prison
In
objects,
taking
dignity,
and
orders
of
contrary
to
,0A n d r e i
away
them
prison
prison
the
guards,
Sakharov,
Memoirs.
character human as
of
its
dignity well
as
characteristics
ready
people
to
i nt o
and follow
nonsensical,
practice,
( N ew Y o r k :
system
to
personality
how
in
reintegration
transforming
no m a t t e r In
prison
spirit,
automatons
regulations.
his
and
of
prisoners
their
features
work
fails
the
their
identity,
into
and
breaks
at
the
that
only
destroying
aimed
their
found
offender
health,
is
political
not
often
them,
addition,
making
the
t he
too
are
on
P o l an d ,
physical
system
study
Swidlicki
in of
inmates well
his
prisoners
the
Alfred
ail or
prisoner
A.
1990) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
Knopf,
38 deprived denial
of
of
the
top
the
In to
the
same
cells.
of
an
were
the
often
This
the
criminal
aware
and
instilling
their
of
these
motives
of
what
he
environment,
resocialization
or
of
feature on
they
to
by for
reeducation
on
t he
their
in m i x e d would
by
not the
his
in
t he
were
not
at
making
blameworthy
way.
In
the
grounds,
morally
contrary,
what
convictions.
oroarams
get
exempted
aimed
morally
been
n ot
prison
political
political
seme
Criminal
were
change
have
In
prisoners
was
on
subjected
especially
they
did
to
anti-social; dictated
ke pt
theoretically
a desire
be
that
pursued
said
was
kind
program is
were
political
category,
were
prisoners.
informers,
cannot
or
group
punishment
prisoners.
imprisoned
or
this
that him
told
prisoners
reprehensible propagated
as
program
in
The
a universal
prisoners
prisoners
Since
resccialization
authorities.
is
f o r m of
criminal
were
used
a separate
case
as
political
recognized the
a specific
but
political
of
prisons.
from
rights.
liberty.
investigative as
to
additional
prisoners of
inalienable
criminal,
categories
because
prisoners
or
restrictions
Criminal
and
restricted
atmosphere,
both
amnesty
not
system,
l os s
that
prisons
is
basic
political
prison
of
most
rights
prisoners, of
his
they
Based
prisoners, could
not
be
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
on
did
39 anything
other
attempts,
such
additional the of
to
the
standing
the
as
up
loosely
keep
form
his
of
political
and
possible
damage
stress,
made
through
a
tube
prisoners prisons
from
in
that
imprisoned in
the
their
more and
primary
regime
place.
that
enable
convictions
the the
strike.
most
It
to b r e a k
had
in o r d e r
dramatic as
their
involves
prisoner
his
in
reveals
that
rights issue
of
of
it
lies,
of
fact
authorities
status that
they
do
to not
impossible
humanization program
course,
a separate the
is
political
re-socialization
the e x i s t e n c e
since
mental
throat.
the
fault
fea r
interpreted
rules
prisoners
hi s
the
th e
the
are
is
force-feeding
general
is
enemy
an
to
serious
denies
It
t h e m as
and
for
but
bend
all
health
Swidlicki
struggle
by
in o r d e r
action,
prisoner's
down
opponents,
first
prisoners from
the
For
to
hunger
by
worst
letter
political
was
worse
general, The
the
and
according
Regulations
whether
t he
th e
the
to
quiet.
forced
the
particular. fact
to
conclusion,
separate
or
resisted
prisoner's
up
state
even
were
Moreover,
r i g ht s.
is
that
against
to
it
prisoner
protests
In
his
spirit
efforts
indoctrination
repression.
f or
prisoners'
ideological
brainwashing,
for m of
author,
very
than
of
it
not to
of
the
in
in the
its
imprisons
them
political
prosecute
people
tolerate
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
40 independent The by
some
civic
study
of
authors.
happening
in
this
experience
of
undocumented,
to
Even
China's a
remains
being
political
way
as
to
To
pay
painful
t ha t
have
achieve
their
debts
years
in p r i s o n
China
are
lifetime
1996.
the
and
to
in
to camp
be
political
society. explains
contract.
under
Communist
they
prison
They
largely
of
had
camps. Bao
of
experienced
Mao
Tse
Tung
ideology,
the
and be
That
labor far
survivors
prisoners
forced was
Ruo-Wang,
that are
to
by
m e m o r i e s . 20
personally
rehabilitated
end,
now.
the
reluctance
who
of
to
secrecy maintained
humiliating
about
behalf
that
offered
much
up
remained
especially
that
laborers
seven
a
on
unknown
its
authors
prisoners,
forced
by
information
prisoners
reeducated.
camps
is
is s t i l l
contends
area,
also
a mystery,
are
Wu
prison
but
most
conclude
political
Harry
of C h i n a
there
which
forbidden
though
China
regime,
camps
point,
their
prisoners
Unfortunately,
regulations
reveal
labor
political
prison
Reflecting
strict
a c t i v i t y . 19
toe
the
who
camps
to only
spent in
important
I3Andrej Swidlicki, Political Trials in Poland 1981(London, New York, Sydney: Croom Helm, 1988)
20H a r r y Wu, B i t t e r Winds, A M e m o i r of M y Years In China's Gulag. (New York, Toronto, Singapore: John Wil e y & Sons I n c ., 1994) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
41 co
the
national
Throughout
economy
his
life
in
to
be
labor
run
with
camps,
he
transient
personnel.
s ay s :
T h o s e s e v e n y e a r s I l i v e d - o f t e n in o b j e c t , d e s p a i r i n g misery, s o m e t i m e s l i t e r a l l y s t a r v i n g and a l w a y s h u n t e d b y h u n g e r , in p e r p e t u a l s u b m i s s i o n to t h e a u t h o r i t y n o t o n l y o f g u a r d s a n d w a r d e n s b ut e v e n m o r e s o to t h e m u t u a l s u r v e i l l a n c e o f m y f e l l o w p r i s o n e r s a n d e v e n to m y o w n z e a l o u s s e l f - d e n u n c i a t i o n s a n d c o n f e s s i o n s - c c n s t i t u t e my own s t o r y , o f c o u r s e , b u t f a r m o r e i m p o r t a n t , t h e y a r e the s t o r y of the m i l l i o n s u p o n m i l l i o n s of C h i n e s e who e n d u r e d t h e c a m p s w i t h m e a n d a r e s t i l l in t h e m t o d a y ." Wang
then
tortured."
believes
Nien
Cheng,
prisoner
in
regimes,
describes
worst the
thing
China
that
as
his
middle
night
coercion what
to
always answer
an
“ Bao Ruo-Wang, m c Cann St Geoghegan, "Ibid.
or
what
Tung as
The that
early the not
Deng
had
was
Tsio
had
be
the
It
brutally
Ping
life.
going
insisted
to
were
a political
a brutal
The
through
that
they
reeducated. could
morning.
interrogation. to
as
police
process. in
camps
years and
prisoners
endless
followed and
Tse
labor
many
experiences
persons
is
the
Mao
process.
guilty
forced
spent
political
Interrogation of
who
under
interrogation
confess
that
happen
in
Physical Nobody
kne w
a n s w e r . 23
P risoner of Mao. (New York: Inc., 1S73), 10-11.
Coard,
25.
:3N i e n Cheng, Life A nd Death In Shanghai, Grove Press, 1986).
(New York:
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
the
42 Another from George and
who
1989.
They
are
t im e s ,
and
the
lives
were
of
crimes
their
that
forced
against
political
interrogations
and
Munro.
student
those
during
that
political
in T i a n
wrongdoing
propagandists
change
of
imprisoned
especially
committed
Robin
involved
believe
still
confession
and
on C h i n e s e
Black
analyzed
China
and
work
Black and political
Men
had
and
The
inmates
ideology
confessions
or
and
beliefs.
exhausted
of
(massacre) who
have and
in
were
difficult forced are
acknowledge
government
studied
prisoners
interrogators to
comes
Munro
activists
interrogation
t ime.
the
tragedy
student
in C h i n a , the
prisoners,
also
that
they
they
must
These
inmates
physically
p s y c h o l o g i c a l l y .^ A
study
available
of
under
anthropological 1969
to
analyzes b o dy ,
1986 the
pclitical the
work
study
based
on
cultural
emphasizing
r i t u a l i z a t i o n . He interrogation,
the
its
of
prisoners of
Allen
violence
fieldwork
in
construction
in N o r t h e r n
Feldman.
in N o r t h e r n Belfast of
commodification,
focuses
on
treatment
in
violence
study
is
Ireland
prisoners,
is an
from
1984-1986. and
He
th e
personification,
assassination, of
His
Ireland,
and
arrest, and
the
hunger
Philip Babcock Gove (ed), Webster's Third New International D i c t i o n a r y . Meriam-Webster I n c . , Publisher, Springfield, Mass, 1986, pp 1755
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43 strike. According Ireland
has
the
and
is
military
in
The
and
in
the
on
the
prison
of
time
their
controlled
militaries, action
has,
precipitated
struggle
the
a domain
that
imprisoned
prison
Feldman,
become
symbolization violence
to
action,
after
new w a v e s
and
dominated
the
streets play
of
of p r i s o n
was
institution.
In
in
terms
cell
Political
of
the
blocs
source
addition, level result
of
political internment the
blocks.
based
on
this
among
Since
t he
para-militaries,
the
reflected,
fo r
and
para
expressive
violence.
criminalization
the
inmates
inmates
space
decreased,
(without
are
to
by
action
prisoners
could
as
with
attention
trial), torture of p o l i t i c a l
in
the
police
prisoners.
into
is o n e
In
highest
much
swung
ranks
put
This
undertake,
associated as
structure are
leads
strikes
physical
r e s p e c t , there
guilt.
hunger
t he
the
of
that
that
as
level
protest
the
communities.
their
of
action
of
communal
politicization
designed
military
cell
escalated
discourse
of
the
and
prisons.
structure
of
of
by
is
in N o r t h e r n
discourse,
time,
respective
shadow
system
are of
the the
toward custody,
Moreover,
and as
a
:4George Black and Robin Munro, Bl a c k Hands of Beijing, Lives of deviance in China's D e m o c r a c y Movement, (New York, Chichester, Brisbane, Toronto, Singapore: 1993).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
44 result of this process,
the
individual's own body becomes
more central to political action over which a prisoner This process
(it being the only thing
retains some measure of control).
is a continuous process."'
Information on political prisoners States
in the united
is also available through K o h n 's work.
that the United States cannot long roots on inmates,
reject the fact that
its bad treatments
through
especially during World War
data from the Federal 3ureau
1917-1932.
activists,
They were union
Socialists,
Security Acts. of their
I. Using a secondary
Moreover,
leaders,
Espionage,
anti-war rounded up and
and Internal
some of them were arrested because
religious and political beliefs.
thousands of Americans were prosecuted, sometimes
tortured and put to death.
concludes
that the United States
have bad treatments
Kohn analyzed
political prisoners
and other dissidents
arrested under the Sedition,
it had a
its political
Investigation,
life conditions of the United States' between
He contends
Kohn noted that
imprisoned,
Therefore,
Kohn
is not an exception
to
to its own citizens.
■'Allen Feldman, Formation of Violence, (Chicago and London: The University of Chicago Press, 1991), Chapter 1-26.
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45 Without offering detail data,
Hagan supports Kohn's
finding that the United States has a record of having political prisoners.
Hagan believes
that political
prisoners
committed their political crimes
purposes.
Rather
passion,
for ideological
than being mot iv at ed by private greed and
such offenders believe
they are
following higher
conscience or morality that supersedes present its
law.
Especially in the Unites States,
society and
political
are charged based on the Alien and Sedition Act, Espionage Act, Internal
the Voorhisp Act,
Security Act.
government
never
the Smith Act,
It is very unfortunate
realizes
crimes
the and the
that the
that whenever they imprison its
own citizen based on their political and ideological beliefs,
the government actually commits crimes because
government
violates human rights,
civil
liberties,
constitutional privileges of citizens.
Furthermore,
government
such as The
violates
international
Declaration of Human Rights,
law,
and some
and the
International Human
Rights Conventions."
:6Stephen Kohn, A m e r i c a n Political P r i s o n e r s , Pr o s e c u t i o n Under The E s p ionage and Sedition Act, ( C o n n e c t i cu t- Lo nd on : Praeger, Westpor, 1994). 27Frank E. Hagan, Political Crime, Ideology & Criminality, (Boston, London, Toronto, Sydney, Tokyo, Singapore: All yn and Bacon, 1997) .
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46 Finally,
two
former Indonesian political prisoners
wrote their life experiences behind the walls. agree with the
They both
fact that the hardest times that they had
were the
forced confession of wrong doings
addition,
being political prisoners means
uncertainty because political prisoners and why they were brought to prison.
in the past. facing
never
know for what
Being a political
prisoner is described by Pramoedya Ananta Toer, political prisoner, very unfortunate
that even though political prisoners
never know because no one,
people outside
not even former political
are willing to write or even speak about these
experiences. prisoners
a former
as "The silent song of a mute."'5 It is
experience hard lives within the walls,
prisoners
In
People in general and former political
in particular,
are facing fear of exploring this
subject as long as the regime that put them into prison still e xi st s. -9 To conclude this section,
it would be better
to state
that most of the literature on political prisoners are not
:3Pramoedya Ananta Toer, (Jakarta, Indonesia: Lentera,
Nyanyi Sunyi S e o r a n g Bisu, 1995).
:9Carmel Budiardjo, S u r viving Indonesian's Gulag, A Western Woman Tells Story, ( New York: Cassell, 1996), vii.
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47 scholarly works. However,
They are simply journalistic works.
those works are valuable and significant
research because their explanations constitute insiders' It is an ironic
to my
on this subject
views. fact that studies of prison
in the
United States and Western Europe have already been conducted by many scholars with mul ti-faceted approaches, while the study of prison in the Third World countries, especially Indonesia, forgotten.
is seemingly ignored,
if not
The study of prison in the United States and
Western Europe explores many aspects of prison, role of guards,
the overpopulation of prison,
such as the
the
corruption of the power by prison administration that leads to instability within the walls
(and even mass
the prison industry that provides
riot)
and
opportunity to inmates to
earn money and cope with their lives within the wails. addition,
In
studies of the history of prison in the United
States and Western Europe through a sociological approach has been done.
This approach
reveals the connection between
the institution of prison and the advancement of capitalism in the United States and Western Europe.
Unfortunately,
such studies have never been done in Indonesia, particular.
in
Prison in Indonesia remains a myste ry even
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though Indonesia
is the fourth most populated country
the world
There
prison
today.
is thus a large gap between study of
in the United States,
World countries,
in
Western Europe and the Third
particularly
Indonesia that
I would like
to fill. Relying on these facts,
I conducted a field research
on the prison system in Indonesia
in general,
and a study
of the behavior of political and criminal prisoners Indonesia
in particular.
therefore,
in
These two groups of prisoners are,
my unit of analysis on this study.
expect to be the first scholar to study the
By this,
I
Indonesian
prison system. To achieve 1)
this end,
I directed my focus of study on:
the shape of the prison's
them,
2)
the dynamics of
inmates
tasks as they perform
inmate relations,
particular attention to rule enforcement personal
relationships,
relationships. attitudes
Overall,
giving
situations
and
and 3) the dynamic of group this study explores
and behaviors of the prison's
the day to day
inmates
in
Indones i a . With these objectives one of my
focuses of study
in Indonesia.
In this
inspired by numerous First,
the
in mind,
human
rights becomes
in exploring the prison system
regard,
I am primarily motivated and
reasons:
issue of human
rights
today undoubtedly has
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43 become a global political,
the
ideological,
as well as national boundaries.'4 Prison
of the issues terms of the
is one
that is always questioned and highlighted implementation of principles of human
To this point, life,
issue that transcends
the condition of the inmates
in
rights.
in every day
the condition of the physical environment of the
prisons,
the treatment by the prison's officials of the
inmates are the main critical points
that needs
to be
highlighted and studied. Second,
Indonesia,
concentrating
as a developing country,
itself on the economic development,
other developing countries, external economic
Indonesia
influences.
is like many
is very vulnerable to
In other words,
the
Indonesian economy up to now partially still depends on external economy, the same time,
such as foreign aid
the donor countries,
States and Western Europe,
put the
(grants or
especially
loans).
issue of Human Rights as The
principles
their first criteria
giving economic assistance
At
the United
a standard of economic assistance. of Human Rights becomes
the
implementatton of
to the developing nations. :
4Jack Donelly, U n i v e r s a l t ’ inman R i g h t s in T h e o r y a n d (Ithaca: Cornell University Press, 1989).
Practice,
'David Forysthe, H u m a n R i g h t s a n d W o r l d P o l i t i c s , (Nebraska: University of Nebraska Press, 1989).
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for
50 Indonesia is not an exception to this criteria. the international
institutions,
Moreover,
such as the World Bank and
International Monetary Funds share similar standards to those donor countries.
Considering this situation,
Indonesia has only two choices: Human Rights,
including the condition of political as well
as criminal prisoners, Third,
improving the quality of
or losing economic assistance.
Indonesia is preparing to sign the
International Convention on Torture and Cruel
Inhumanity.
Consequently,
Indonesia will be legally bound by that
treaty.
any government treatment of its own citizen
Thus,
(whether
free or incarcerated citizens)
accordance law.
This
with the treaty, is another
that
is a violation of international
reason why the study of prison inmates
in Indonesia is relevant and significant Fourth,
as a lawyer who has
International
Human Rights Law,
great opportunity Conventions Indonesia,
is not in
legal
today.
training in
conducting this study is a
for me to examine how those
on Human Rights,
International
which some of them signed by-
are implemented in real life.
Exploring the life
of prison inmates who are forgotten in Indonesia, regard,
in this
is a great test case of the implementation of the
principles
of the International Human Rights Law in the
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51 country.
This reason deals much with policy of Indonesian
Of government.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
CHAPTER 3 RESEARCH METHOD Executing method,
this
a method
research,
I employed a field research
that generates
theory
from the data.
That
is, most of the hypotheses and concepts not only come from the data,
but are systematically wo rk ed out
in relation
the data during the course of the research.' Moreover, me tho d
this
is employed without having a precisely defined
hypothesis attempt
to be tested.
For this method,
a researcher will
to make sense out of an ongo in g process
be predicted
that cannot
in advance.
Field research whic h
to
is also called the
is used for theory construction.
inductive method Formal
theory
is
achieved through analysis of data of diverse systematic research and from substantive theories generated data.
This
implies
from this
that a social scientist starts with
observations of a certain phenomenon,
and through sampling,
measurement and parameter estimation,
he or she
arrive at some empirical generalizations,
which
is able to in turn
'Barney Glaser and Anselm L. Strauss, The Discovery of Grou n d e d Theory strategy of Q u a l i tative Research, (N.Y: Aldine de Gruyter, 1992). “Earl L. Babbie, The Practice of Social R e s e a r c h , (California: Belmont, 1995). 52
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53 give rise to certain propositions into meaningful the product
relationships.
relating various concepts
Theory here is the end of
rather than the starting point of research.
The
aim of the research here is theory generation rather than theory v e r i f i c a t i o n .J Furthermore,
field research
is an appropriate method
for studying of topics where attitudes and behavior can be understood within their natural
setting.4 This method is to
be employed by those who want to preserve the natural order of the things
that they want to study.' My study,
political and other inmates
in Indonesia,
exploring
falls within this
category. Conducting this
study,
I became a participant observer
by being a non-governmental organization's
(NGO)
activist
who vclunteerly taught the inmates within the prison. that capacity,
I was able to observe the inmates'
in terms of every day life. assistant,
the
Moreover,
In
behavior
by being a teaching
inmates would not be reluctant with me as I
was not a part of the prison authority that they dislike.
York,
3Royse Singleton, Ap proaches To Social Research, Oxford: Oxf or d U ni ve rs it y Press, 1588) .
(New
■'Robert Burgess, Field Research, A S o urcebook and Field Manual, (Boston: G Al le n and Unwin, 1990). sRober Walker, ed., A p p l i e d Qualitative Research, (Great Britain: Biddles Ltd., Guilford and King's Lynn, 1985) .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
54
In this way, addition,
I had an opportunity to ask them questions.
In
my position as a teaching assistant enabled me to
minimiz e biases because I was a middle man between the inmates and the prison officials. I collected my data through personal the
inmates.
In this respect,
and individual
interviews.
interviews with
I employed focused interviews
The focused interview,
to Robert K. Merton and Marjorie
Fiske,
according
is an interview
me tho d that is used for collecting information when the persons
interviewed are known to have been
pa rti cul ar situation. where the
interview
experiences situation
Moreover,
involved in a
focused interview is used
is focused on the subjective
of persons exposed to the pre-analyzed
in an effort to ascertain their definitions of
the s i t ua ti o n. ’ 3 Moreover, collect data experiences
focused interview is used to
from a group of people who share the same and live with the same environment.
Since my
study focuses on the inmates who share the same experiences, prisoners,
such as being charged as criminal or political
being detained within the same building,
due process before being detained, interview
etc.,
having
a focused
is an appropriate method of collecting my data.
’Rober K. Merton and Marjorie Fiske, The Focused Interview, A Manual of Problems and P r o c e d u r e s , Glencce, Illinois: The Free Press, 1956).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
55 Individual
interviews are also important
more personal views The reason collection
in order to have
from the inmates.
for using the interview as a method of data
is that an interview gives the interviewee an
opportunity to express him/herself
rather than those
presumed to be important by the interviewer. contrast to the polling approach,
That
is,
it uncovers what
in
is on
the interviewee's mind rather than his opinion of what on the interviewer's mind. responses
Furthermore,
is
it allows his/her
to be placed in their proper context rather than
forced into a framework which the interviewer considers appropriate. To employ this
interview method,
I combined
unstructured and semi-structured questions interviewee. free)
Unstructured question
means a type of query that
rather than the interviewer, attention.
to the
(stimulus and response
leads the interviewee,
to indicate the foci of
The interviewee has an entirely free choice to
express his/herself.
Semi-structured questions mean
questions asked of the interviewee that provide opportunity to the interviewee to response structured. interviews
freely but the questions are
The reason for using this combination of is that this method ordinarily leads the
interviewee to be more articulate and expressive than in the directed interview.
In addition,
it provides me the
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56 op p or tu ni t y to probe deeply,
to uncover new clues,
to open
up new di mensions of a p r ob le m and to secure vividly accurate,
inclusive accounts
on personal
from informants that are based
exp er ie nce .7
The consequence of employing this combination of interviews
is that a researcher is required to be creative
in terms of asking questions. contends the
that
In this
respect,
the level of creativity and imagination of
researcher will be required at this poi nt .3 For this
approach,
recording and encoding are the most effective
tools.
Recording consists of making
taking
field notes!
while encoding
si mpi ic at io n of records frequencies
records involves
of events one
of different behavior). that
I asked the inmates
are un str uct ure d and sem i- structured question e st abl ish conducted.
(by
(by categorizing or counting the
Even though the questions
this
Mills
I had to
a framework within which the interview could be It was
regard,
and attitudes
flexible,
but
it was also controlled.
I had to make the informant that were relevant
to the
relate experiences research problem
7Ccl li n Robson, Real World Research, A Resource For Social Scientist: And Practices R e s e a r c h e s , (Oxford, UK, Cambridge, Mass.: Blackwell, 1993). aC . Wright Mills, The Sociological York: O x f o r d Un oversity Press, 1991).
In
Imagination,
New
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57
and I encouraged the
informant to discuss
naturally and freely.
these experiences
I asked fifteen open-ended questions,
six of which I borrowed from Hans Toch when he conducted his
research;
emotional
1) activity,
feedback,
Question number inmates,
whether
5) support, 1 (safety)
explores
the walls.
important to ask because environment which
3) safety,
4)
and 6) structure.
they feel secure or
every day lives within
environment,
2) privacy,
the feelings of
insecure
in their
This question
the inmates live
is
in a new
is totally different from their original
namely the free world.
In this
regard,
it is
necessary to examine whether or not the new environment creates different inmates,
feelings
in the eyes of
for the
the law,
inmates.
are law breakers
therefore pose at least a potential prison
rules and a threat
Moreover,
threat
to their fellow
they had a record of breaking the law outside. it is a very significant
and
to break inmates
the
the
since
Therefore,
issue to examine whether or not
law breakers can get along with each other within
the same
environment. Question number activity
in everyday
2 (activity) life within
explores the walls.
to activities which are planned by the provide skills,
inmates'
Activity
institution
knowledge and money to the
Question number 3 (privacy)
the
refers
to
inmates.
is aimed at exploring whether
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58 or not the inmates, stimulation, quiet,
due to social and physical o v e r
have a preference
for isolation,
and absence of environmental
peace and
irritants
such as noise
and crowding. Question number 4 whether the
colleagues,
since the inmates and friends,
or friends.
This is important
live separated from family,
respect,
loved,
colleagues,
and less abandoned and
5 (O rder/Structure)deals with
enforcement within the walls This
for the
the inmates may feel respected,
and cared for,
Question number
stability.
examines
and these visits may be meaningful
In this
appreciated, useless.
Feedback)
inmates are happy or unhappy to be visited by
family members,
inmates.
(Emotional
law
that creates certainty and
is very important
to ask in order to
understand whether the prison has clear cut rules and whether
the rules are enforced consistently and
impartially.
Having this allows
predictable,
certain,
sc that the high
the inmates to have
and orderly
lives within the walls,
level of anxiety and tension can be
reduced because the inmates have certain patterns of conduct number 6
that they have to follow or they avoid. (Assistance)
willingness assistance
to the unconditional
of the guards or officials
to provide
to the inmates.
Questio n number 7 and Officials) inmates
relates
Question
(Images of the Inmates Toward Guards
is intended to find out whether or not the
have good images toward guards and officials.
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This
59 is necessary in order to cross-examine
the finding in
question number
6 (Assistance).
Question number 8
(Function
of Institution)
examines
inmates
towards
the function of the institution as a whole.
In this
respect,
the views and images of the
it is very important
in the eyes of the inmates,
to find out whether
the institution of prison still
functions as a rehabilitative institution which provides the opportunity inside,
for inmates to be better off after being
or whether they are even worse off when they get
released.
In addition,
this question is also aimed to
cross-examine
question number 1 (Safety),
(Order),and 6
(Assistance).
Question legal process he/she
number that
is brought
question
9
(Due Process)
(Activity),
through before
The objective of asking this
is to find out whether the inmates
had a difficult
time before they were brought to trial or not. words,
In other
this question scrutinizes the fairness or unfairness
of the justice system of Indonesia toward its citizens,
es pecially during due process. how the prosecutors,
treat the inmates
during their due process.
Questi on number for their
important
10
(Agenda)
fellow
In short,
question explores
plans
5
refers to the whole
the suspect must pass to prison.
2
police,
discusses
this
and judges
the inmates'
future when they are released.
in order to cross-examine whether the
This
is- very
institution
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60
of prison truly prepares
the
the skills and knowledge, problems
With
kind of
this
so they will not have any
in mind,
11
inmates
happiness or even
the examination of
their
releases.
addresses
inmates share
their problems,
their goods.
In other words,
intimacy and acquaintance of the
is the main highlight of this question. Thus, this question
they are
should have plans:
(with whom they share)
issue of with wh o m the
feelings,
the
jobs when
job they are going to do after
Question number the
in terms of providing
adjusting themselves or finding
released. what
inmates
inmates
the focus of
is to identify the types of people the
inmates can get along with and rely on within the walls. Question number 12 with
(the best and worst experiences)
the life experiences of the
inmates within
the best and the worst experiences. is to find out what makes uncomfortable within Question number contributes here
the
inmate comfortable or
the walls. 13
(sources of stress)
between
focuses on what
to or causes stress within the walls.
them to be in a bad mood
number
the walls:
The objective of this
refers to the mental condition of the
leads
deals
14 (family background)
inside
inmates
Stress that
the walls. Question
highlights a correlation
family and environmental background of the inmates
and criminal activities
that they had committed outside the
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61 prison.
Finally,
toward their
question number 15
fellow inmates)
perceive each other:
(images of the inmates
examines how the inmates
whether the criminal
inmates have good
images
toward their political inmates or not,
versa.
The
focus of this question,
the dynamic
in short,
and vice is to explain
relationship between the two groups of inmates:
criminal and political. I asked these this took me I was able
fifteen questions
four hours on average to complete.
to have only two interviews
I was allowed to be present conducted this 1994
to April
a week.
only from 7 A.M to 5.
I
(December
30 ?.M,
six days
both criminal and
out of 976 of the population of Cipinar.g prison.
I intervie we d 80 criminal because
for each day because
field research for four months 1995),
Therefore,
in C i p i n a n g prison where
I interviewed 100 inmates,
political,
to each inmate and
inmates and 20 political
the number of political inmates
Having used sampling procedure: based on age
(22 years minimum),
is less than 100.
categorizing the inmates education
to master d e g r e e ) , ethnic background, time they served in prison
inmates
(from illiterate
religion,
length of
(one year minimum to long life
or death p e n a l t y ) , types of crimes they committed a fetty criminals convenient
to murders),
I chose my respondents by a
sampling method.
With this procedure and method,
I believe that the number of my respondents
represents the
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62 entire of the population of the prison.
The way I asked
these questions was different
from one inmate to another.
asked inmate A,
for instance,
first about his
background,
for inmate B I first asked his everyday
activity,
but
and so on.
I
family
I based this on the mood of the
inmates or the time and environment where
I conducted my
interview. The difficulty that
I had gathering this data
is that
the inmates could not stop talking once they started. Unfortunately, inmates,
most of them,
talked out of context.
extra understanding, them.
Moreover,
to extract
tolerance,
Therefore,
it required me
and patience
to deal with
it required me an extra technique ability
relevant answers
by using a tape answers.
especially the illiterate
from them.
I gathered this data
recorder simply to record their relevant
I wrote ail the answers down that were
the tape recorder as soon as I got home.
recorded by
In this way,
the
nature and originality of the answers could be preserved. With this methodology,
I came up with an ethnographic
evaluation of the dynamics of the inmates (political and criminal prisoners
relations
in Indonesia) , as well as
the dynamics of the group relationship.
Overall,
the
ethnographic data of da y-to-day behavior and attitudes within the prison are the main objectives of this study. Therefore,
the nature of this study namely descriptive
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63
analysis
is fulfilled.
This
field research method,
point s out,
of course,
has ethical problems,
namely
as Denzin
the researcher
should not be noticed by the people whom they observe dur in g the course of the research.
Otherwise,
setting of the object of study that could will be changed.
The direct
the natural
lead to biases,
involvement of the researcher
on the course of the research that could possibly create biases,
is another problem of using
informing
the people
that they were pare of
after c o mp le tin g the research, the e thical problems. researcher
this method.
Furthermore,
to be objective during
in prison,
ob jective person, eliminated.
the ability of the the course of the study,
informed the
regard,
by being
I was able to put myself as an
so the ethical problems
Moreover,
the research
is the best way to eliminate
is truly required to avoid biases.' In this a teacher
However,
after conducting my
inmates what
can be research,
I
I had done and none of them
ob je c t e d me. I chose Cipinang Prison to conduct because Ci pi n a n g Prison p o p ul at ed prison of criminals
this
research
is the biggest and the most
in Indonesia.
and political
Furthermore,
inmates,
it has all kind
so I believe
that my
?Nor ma n K. Denzin, The Research Act. A Theoretical Int r o d u c t i o n To Sociological Methods, (Englewood Cliffs, New J e r s e y : 1989 ).
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64 research on the Indonesian prisoners
is representative and
valid. Even though the field research method does not require a hypothesis as a point of departure to conduct did my research with some general assumptions: political prisoners
research,
I
First,
receive better treatment than do
criminal prisoners because political prisoners have higher social
status
in society than criminal prisoners.
Second,
criminal prisoners are more able to cope with their lives than political prisoners.
Third,
criminal prisoners
respect
zhe political prisoners group more than their group mates since the political prisoners
have a higher status
society than ordinary citizens,
like themselves.
the image of brutality of guards
to inmates,
in the United States and Western Europe applicable
people tend to avoid violence.
may not be
Indonesian
Indonesian people always put
non-violence and harmony as a basis of behavior. guards and prisoners are not exceptions It is very unfortunate is proved.
And last,
as the studies
found,
to Indonesia because culturally,
in
Prison
to these values.
that none of these assumptions
Political inmates do not have better treatment
than criminal inmates,
criminal
inmates are not more able
to cope with their lives within the walls than political inmates, political
criminal inmates,
inmates do not
respect their fellow
and the images of inmates toward guards
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
are still power abusers and exploiters. I conducted this from December
research for four months,
1994 to March 1995.
This period of time was
the only time that the government allowed me, conducted this available.
so I
research based on the limited time that was
Within
I.
these four months,
nhqpryatinn
In this period, they behave,
starting
Qoriod
fFirsr
I simply observed
interact each other,
in every day life,
my schedules were:
etc.
Month!
the
inmates:
how
accomplish their duties
The purpose of this
is to get
knowledge and general description of the life of the inmates and their environment. this period was have,
such as
specific times and events
time for working,
special holiday, of
My focus of attention
etc.
the situation,
Equipped
in
that the inmates
relaxation,
celebrating a
in advance with an analysis
I could readily distinguish
the objective
facts of the case from subjective definitions of the situation. response. situation,
I was
thus alerted to the patterns of selective
Through my familiarity with the objective I was better prepared to recognize symbolic or
functional silences, and,
consequently,
distortions,
avoidance,
I was better prepared
or blocking
to explore their
implications.
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66 7.
^ n r i a 1 i 7.Pt t i n n
I socialized with the
Pprind
inmates
My main objective
being said, knowledge
important
following stages,
inmates.
is being said.
in order
namely
the
I
to get to know to detect I expected
I gained knowledge of what
as well as of what
is
in order
in doing this was
and explore the private lives of the from this period that
Month)
in this period.
accompanied them as much as I could them well.
(^ p r n n d
is not
This
to be successful
kind of
for the
interviews.
.I. Interview Period I conducted my April
interview
in this period
(January
to
1995) .
4.
I left
Analy7ing
Indonesia
Data
Writing
in the middle of
analyzing my data and writing writing the reports
and
that
1995.
I started
the report ever since.
I discovered from the field,
also did research on the existent data This writing period ended
Rppnrt
in August
While I
that are available.
1997.
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CHAPTER 4 THE INDONESIAN CRIMINAL JUSTIC E SYSTEM
The
Indonesian criminal
justice system
the Dutch system;
a system which was
Dutch occupation.
This system
the presumption of
be guilty.
Moreover,
poena sine praevia unless
introduced during the
is based on the principle of
innocence which means
cannot be found guilty until
is derived from
the court
that a person
finds him or her to
the principle of nullum delictum nulla
lege poenali
the law allows
(no action could be punished
it to be punished),
is also an
important principle of this system.
1. Legal There are three criminal
legal foundations of the Indonesian
justice system.
Indonesia of
Fonndat ions
First, The Constitution of
1945 which was enacted
independence of Indonesia
in 1945;
(wetbooek van straafrecht voor in 1918;
third,
right after second,
Indonesie;,
The Criminal Procedure,
the
The Criminal Law which was adopted
which was enforced
in 1982. The Criminal
Law deals with criminal activity.
It
67
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68
regulates political crime,
crime against the head of state,
disturbances of the public stability, property by fire,
bribery,
official documents, torture,
stealing,
threatening, Because
destruction of
crime for currency,
sexual harassment, extortion,
robbery,
destroying property,
falsifying
gambling, rape,
murder,
smuggling,
abusing power,
etc.1
Indonesian society has evolved over time,
this
Criminal Law does not regulate
for certain behavior,
violations of property rights,
computer crimes,
Therefore,
such as
etc.
certain criminal laws were later enacted to
augment the general criminal are called special criminal
law;
these new criminal
law. Thus,
laws
the general criminal
law is no longer applicable to cases in which the special criminal derogat
law applies. legi generali
This
is referred to as lex specialis
(special law prevails over general
l a w ) .: The
law that governs all procedures and processes of
criminal activities, detained,
from being suspected,
interrogated,
sentenced,
the Criminal Procedure of 1982.
arrested,
imprisoned,
This
released is
law also provides
regulations on the institutions that involve the whole
'"A.Sanusi Has, Rasanta, 1994),14.
D a s a r - D a s a r P e n o l o g i , (Jakarta-Indonesia :
:Andi Hamzah, Si stem Pidana dan Pemidanaan I n d o n e s i a , (Jak ar ta- In do nes ia: PT Pradnya Paramita, 1993), 66.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
69 process of criminal justice .3 Un de r the Criminal Procedure of 1982,
the Indonesian
Criminal Justice System consists of four main sub-systems: police,
prosecutor,
judge
(court),
and pe n i t e n t i a r y . 4 These
sub-systems come into effect at the time the crime occurs. The aim of this system is to rehabilitate and resocialize the criminal
into society.
Moreover,
this system aims to
control and prevent criminal activities stabilize
the society as a whole.
in order to
Based on this objective,
it is clear that the p en ite nt iar y institution is not the only institution that is responsible for reeducating and resocia li zi ng the criminal.
The police,
prosecutor,
and
judge are also part of the system. The Criminal
Procedure of Indonesia of 1982 provides
that the first institution that deals with criminal activity is the police.
The Police begin working when they first hear
information about a suspect or criminal activities, sea rc hi ng and arresting the suspect.
Furthermore,
by
the police
then interrogates and extracts detailed information from the suspect.
In this stage,
the police has the au thority to
3Andi Hamzah, P e n gantar Huk u m Acara Pidana I n d o n e s i a , (J ak ar t a - I n d o n e s i a : Ghalia, 1990), 18-19. 4Petrus Irwan Panjaitan dan Pandapatan Simorangkir, Lembaga Pemasyarakatan Dal a m PerspekCif S i stem Peradilan Pidana, (Jak ar ta -I nd on es ia : Sinar Harapan, 1995), 46-47.
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70 search and sort the information that deals w it h the suspect. In addition,
the police
case to the prosecutor.
is also entitled not to forward the In this respect,
the principle that
not every crime is punishable must prevail. consider that the suspect's conduct delict,
If the police
is not serious crime or
then the police can free the suspect or choose to
warn him not to repeat his offense.
This aut ho rit y is well
known as police discre ti on and is guaranteed by the Law 13 of 1961 .5 The suspect, (14 and 15)
by definition,
is provi de d by article 1
of the Criminal Procedure of 1982:
whose deeds or circumstances by proof, doer of the criminal activity." "someone who is being sued,
"someone
is suspected as the
Furthermore,
the suspect
is
searched and put in the court as
s u s p e c t ." Ha ving had the necessary information from the suspect who could be subject
for criminal sentencing,
the police
then submits his report to the prosecutor. Rel yi ng on the police investigation report, prosec ut or decides whether the case is subject law or not.
If the case is punishable,
the
for criminal
the pr ose cut or files
the charge and decides what kind of sentence has to be given to the s u s p e c t .
5M. Faal, P envaringan Perkara Pidana Oleh Polisi, (Jakarta: Pradnya Paramita, 1991), 15.
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71 After deciding the charge, official
letter of accusation
prosecutor,
under
the prosecutor submits an
to the court.
the Law 15 of
1961,
to pr oceed the case to the court interest.
This authority
Ch ristian man tears
for reasons of common
is called opportunity principle.
the Holy Koran while screaming to
it is illegal and punishable
However,
to the fact that Indonesia
Mos lem majority and the
issue of
the p rosecutor can consider
that
lead a mass
Christians.
insult
in Indonesia.
is very sensitive,
the case of the Christian trial. Otherwise,
riot by the Moslems against
This example
If
is occupied by
religion
man should not be forwarded to open case will
the
has the authority not
the Moslems, due
However,
falls within
the
the
the category of
op p o rt un it y principle. Having received the official the prosecutor, case.
In this
accusation
the court
regard,
the
(judges)
the suspect
will
from
then proceed the
judges will examine whether
is sustainable or not.
deci de whether
letter of accusation
Moreover,
the
the
judges will
is guilty or not and then
d e t er mi ne
the sentence.
In short,
aut hority
to free the suspect
(voorwaardelijk verodeling),
the
judges have the
(v r i s j s p a a r k ), to give parole and to give sentencing with a
fine to the suspect. If the suspect
is found guilty and his or her sentence
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
72 is a pr i s on sentence,
the court orders the prosecutor to
imprison the suspect.
In this respect,
the guilty person
will be the re spo nsi bil it y of the pe ni tentiary institution. Once the guilty person is in prison, is responsible Therefore,
the prison institution
for his or her life and activities.
the evalua tio n of his or her everyday life will
be the main task of the prison administration. evalu ati on of the prison,
the guilty person is entitled to
have a remission of the sentence, evalu ati on is good.
Based on the
amnesty or freedom if the
On the other hand,
a guilty person may
get more severe sentencing within prison if the evaluation is not
in favor of him or her.’
In sum,
the process of the Indonesian Criminal Justice
System appears
in figure 1.
2.
The Purpose of Criminal Sentencing
The purpose of criminal sentencing in Indonesia, other societies, Dutch occupation, was retaliation. society,
changes over time.
For instance,
as in
during the
the main purpose of criminal sentencing The aim was retribution for the victim or
in that criminal must pay must pay a certain price
for what he or she did.
In other words,
the criminal must
pay the vi ctim o r society because the criminal owes the
’Ibid,
2.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
73 vic tim or society. The concept of retaliation reflects the absolute theory (vergeldings theorienj theory,
of Kant and Hegel.
According to this
criminal sentencing is not enacted for practical
purposes or rehabilitate the criminal. punishable.
Therefore,
The crime itself
is
every crime must be punished and the
punishment must be absolute.
In this respect,
we do not need
to think of the advantages of punishment because the crime is automati cal ly subject of punishment. moreover,
is not a ma tte r of choice,
punishment,
by nature,
In addition, contends
but a necessity.
Here,
is a revenge.
Leo Polak,
a proponent of absolute theory,
that no one should gain from a crime that he or she
committed. First,
Punishment,
Polak divides crime
into three main categories:
action should be undermi ned if the action is not
allo wed by a society's ethics or order.
Second,
should deal only to what occurr ed in the past, address prevention.
Third,
be equal with the crime.
sentencing and does not
the burden of punishment has to
In this regard,
crime should not
have any place in society. The second purpose of punishment
is prevention and is
inspired by the relative theory of punishment. believes
This theory
that society has to be guarded and protected.
Therefore,
crime must be pr ev ent ed in order to maintain
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
74 social order,
so society can live peace fu ll y and
harmoniously.
Deterrence is one way to achieve
Punishment
is imposed on someone who commits
this goal.
a crime in
order to deter other people from committing the same crime. Now,
the purpose of punishment
the cha ra ct er of the criminal,
is more aimed at improving so the same criminal will not
commit the same crime in the future.
This form of punishment
is referred to as reformation. Purpose of punishment can also be a combination of revenge and prevention or reformation. Grotius,
In this
the founding father of international
wi thin this category.
For Grotius,
social order is justice. is understandable.
Moreover,
Nonetheless,
law,
To achieve this objective,
However,
Hugo
falls
the main objective of revenge
the revenge must be agreed upon
by society and the revenge must bring benefit society.
respect,
sentencing always creates
for the suffering.
the suffering has to be measur ed by the benefit
that society gets.
Grotius continues,
sentence or punishment aimed to gu a r d society.
the me an ing of each
is retaliation but retaliation is In this regard,
punishment
is to
return respects to the law and the state that was violated by the criminal.
In short,
the main purpose of punishment
for this combination theory is to maintain the social order. For Indonesia,
the purpose of punishment
is set forth
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
75 by its Criminal Law as following: action in order to protect b eha vio r of the crime, crime
in the future.
correction.
By this,
1)
society:
to prevent criminal 2)
to correct
the
so he or she will not commit the same
The emphasis of punishment here is someone who committed crime will be
able to be a good man again and the society will accept him or her to be part of the society:
3)
that
so the society will
is created by gui lt y person,
in peaceful environment:
4)
to settle a conflict
to free the crime
live
from guilty
feeling. Furthermore,
punis hm en t
is not aimed to bring suffer to
the crime and not to und ermine
the dignity of mankind.
Dep art ing from the purpose of punishment of Justice System above,
Indonesian
it is clear that Indonesia has
comb ina ti on of revenge and reformation system prevention,
3^
order maintenance,
Delicts
Delict improper act
in
the
(correction,
and expiation).'
Indonesian
Criminal
Justice
System
is a Latin wor d which refers to a wrong or (an o f f e n s e ) . Delict,
Thi rd New International Dictionary, tra nsgression against
according to Webster's is an offense or
law.3 Black wrote that delict
is a
7Andi Hamzah, S i stem Pidana Dan Pemidanaan Indonesia, (Jakarta: Pradnya P a r a m i t a ,1993), 30-33. 3W e b s t e r 's Third N e w International
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
76 wrongful act which,
while directly affecting some
individuals or then property,
yet extend in their injurious
con sequences to the peace or security of the community at large,
and hence rise to the grade of crimes or
m i s d e m e a n o r s . 3 A delict, elements:
(1)
in short,
an action,
law,
(3)
ill.
By this definition,
(2)
must have three main
the action is prohibited by the
that action is done by someone who is not mentally delict,
therefore,
is punishable.
Ingraham offers a definition of delict which he calls crime.
For Ingraham,
delict is any act or omission or course
of be hav io r deemed to be wrongful and injurious as a whole.
From this definition,
that can be drawn.
First,
to society
there are three elements
a delict always involves an act,
including a failure to act if there is a legal duty to act under the circumstances. be wro ngful dangerous,
Second,
the act must be deemed to
in the sense of highly immoral,
extremely
or intolerably annoying or vexing either by the
authorities entrusted with administering the law or by the people of the society. injurious
Third,
the act must be deemed
to society as a wh o l e . 10
Dictionary, (Springfield, Publisher, 1986), 597.
Mass.:
Miriam Webster Inc.
?He n r y Campbell Black, Black's L aw Dictionary, Sixth Edition, (St. Paul, Minn: West Publishing Co, 1990), 427. 10Ba rt on L.
Ingraham,
Political
Crime In Europe,
A
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
77 Those definitions of delict mentioned above, inconsistent with the article Criminal Law,
which provides
considered delict
if:
(1)
1 (1) of the Indonesian that someone can be punished or
there
or her action and that norm
are not
is a norm that
is violated,
conjunction with the positive
law,
and
(2)
(3)
regulates his
that norm
is in
the norm had
already prevailed before a wrongful action was committed. Delicts can be divided intention (dolus),
into two main categories:
(o p z e t / d o l u s ; and negligence in the Indonesian Criminal
willingness
(culpa).
Law of 1918,
means a willingness create an effect
By definition,
from the action
(opzet als oogmerk;, (opzet bij
(2)
to
that done. (1)
intention
intention with awareness of
z e k e r h e i ds be wu st zi jn ;, and
intention with awareness of probability
(3)
(opzet bij
mogelijkkheids bewustzijn/dolus eventualis). Intention as aim
is
intention
to do something and having a will
Intention consists of three major forms:
consequences
is a
to do something or not to do something which
prohibited or allowed by the law.
as aim
Intention
is an action that
is committed
in
Comparative Study of France, Germany, and England, (Berkeley-Los A n g e l e s - L o n d o n : University of California P r e s s , 1979)), 13. ■'Laden Marpaur.a, U n s u r - U n s u r P e r k u a z a n Y a n g D a p a z D i h u k u m , [J a k a r t a - I n d c n e s l a : S i n a r G r a f i k a , 1 99 1 ), 13.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
78 order to gain an advantage from the result of the action. contrast,
By-
intention with awareness of consequences refers to
an ac tio n in whi ch the doer really realizes that his or her action will harm a third party.
Take,
for instance,
Mr. X
who is carrying a gun with the intention to kill Mr. Mr.
X arrives at Mr. Y's house,
front of Mr. Mr.
Y.
In this situation,
Y will definitely harm Mr.
anger, shot.
Mr.
Mr.
X shoots Mr.
Therefore,
Y. When
Z is standing exactly in Mr.
X knows that shooting
Z. Due to his uncontrolled
Y and consequently,
Mr.
Mr. X's actions to both to Mr.
Z is also Y and Z are
delicts. Intention with awareness of pro bability relates to an action in which the doer is aware of the possibility of a side effect
that emerges
from his action.
A good example of
this wou ld be a Mr.
H is planning to kill Mr.
undertake his plan,
Mr.
whi ch he has poisoned. Mr.
H sends a big cake to Mr. Mr.
Mr.
H's action of sending the cake
T's house
In this
is illegal.
The second form of delict is negligence definition,
In order to
H is aware that other people in
T's house may eat the cake and cause die.
regard,
T.
(culpaj. By
negligence means that something occurs without
any intention to create
it. However,
this action could have
been pr ev ent ed if the doer had been careful.
Ibid,
pp
Due to the lack
382
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
79 of intention,
the sentence imposed on crimes committed by
negligence
is mu ch lesser than those com mitted with
intention.
Negligence can occur in two ways.
negligence by awareness
First,
in
(Bewuste S c h u l d ) , the doer can
imagine or predict that something may happen by doing something.
For example,
the top of a roof.
a worker who is fixing something on
The house that he is fixing is a garden
house and not surrounded by any other h o u s e s . The worker may throw a piece of wood off of the roof and hit someone.
Even
though the worker is aware that throwing the wood may cause damage to people,
the wo rker ignores his awareness of this
knowledge because the house
is unsurrounded.
Thus,
the
worker is sure that there is no one is walking around the house.
Unfortunately,
by the piece of wood.
beyond his control, Therefore,
by law,
a passerb y is hit the worker's action
of throwing the wood is punishable. Second,
negligence without awareness
refers to someone
(doer)
(onbewuste schuldj
who does not predict or imagine a
side effect of his or her action that is pr ohi bit ed by the law when he or she is supposed to predict or imagine it before.
The best example of this issue is Mr.
rice with fire outdoors. Unfortunately,
He left the fire to p la y cards.
the w in d causes the fire to spread and burns
all the houses that surround Mr.
^Ibid,
pp
P is cooking
P's house.
In this case,
17-18
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Mr.
P did not have any intention to create the fire.
However,
he was supposed to know and predict
outdoors by fire, negligence
this disaster could occur.
is unlawful and therefore,
4. Forms of Criminal Under Article 10 of the 1918,
that by cooking Mr.
P's
it is p u n i s h a b l e .
Sentencing
Indonesian Criminal Law of
the forms of criminal sentencing are main sentencing
and additional sentencing.14 The former sentencing consists of the death penalty, fines,
imprisonment,
probation,
parole and
while the latter sentencing has deprivation of
certain rights,
seizure of property,
and announcement of the
court decision. D eat h penalty has alternative sentencing, long pris on and 20 years imprisonment.
namely life
The judges may choose
one of these three forms of sentencing.
Therefore,
the death
penal ty is imposed on someone who commits severe criminal activities, addition,
such as murder,
hijacking and terrorism.
In
the death penalty is also imposed on a political
activist who is against the government's policy.
The death
penal ty is executed after failing to retain a pardon from ... ^
the President.
'3Ibid,
...
Pregnant women and s*^zy persons cannot be
32-33.
~4Roeslan Saleh, Stalsel Pidana Aksara Baru, Jakarta, 1987), 48-49.
I n d o n e s i a , (Jakarta:
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
81 executed.
Historically,
the execution of the deat h penalty
was done by hanging the guilty persons.
This
form of
execution was changed during the Japanese o cc up at io n in 1942.15 Now, squad.
the death penalty is carried out by a firing
Nowadays
in Indonesia the issue of the death penalty
remains to be a debatable issue.
The demand for abolishing
the death p e n al ty increases from time to time .10 The second form of main criminal se ntencing is imprisonment.
Historically,
especially during the Dutch as
well as the Japanese occupation, by exiling the guilty persons, prisoners. respect,
This
par ticularly political
form no longer exists in Indonesia.
imprisonment
in Indonesian society.
In this
is almost a new concept of sentencing The explanation for this
main theme of this thesis. more
imprisonment was undertaken
Therefore,
issue
is the
it will be explored
in the next chapters. The next
form of main criminal sentencing
is probation
(voor waar ded eli jke v e r o o r d e l i n g ). Article 10 of the Indonesian Criminal Law of 1918 stipulates
that probation is
given to someone whose sentencing is no longer than a year.
i5Ar.di H a m z a h d a n A. I n d o n e s i a , Di M a s a Lalu, G h a l i a I n d o n e s i a , 19 84 ),
Sumangelipu, K i n i, D a n Di 37-88.
Pidana Mati masa Dapan,
Di ( Ja k ar ta :
:6Ham id Awaludin, P enelitian M asalah Huk u m a n Mati, ( Ja kar ta- Ind one sia : Harian K o m p a s , May 26, 1995), IV.
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82 The de cis io n of pr obation has to be taken by the judge who considers that the guilty person did not commit a serious crime and it is much better for society and the guilty p ers on just to be warned instead of being imprisoned. m ax im u m p eri od of probation is three years. period,
During this
the gu ilty person cannot commit any criminal
activities
and has to be co ntrolled by the prosecutor.
Du rin g the probation time,
the gu il ty person does not lose
his or her civil and political rights. not the same as being free Ano t h e r en ti tl ed
The
However,
(vrij spraak) .
form of main sentencing is parole.
for parole
probation is
Someone is
if he or she has already served two-
thirds of his or her imprisonment sentence.
However,
parole
cannot be given to a priso ne r who has only a nine months m a x im um pr ison sentence.
In addition,
parole
is not an
imperative or automatic rights to the prisoners. d ec is io n
for parole has to come from the Minister of Justice
after receiving recommendations
from the prosecutors and the
prison's officials regarding the prisoners' the prison.
conduct within
The main purpose of parole is to bring back the
g uil ty persons readjust
The
in to society,
so they can reenter and
themselves within society as early as possible.
17Roes la n Saleh, Stelsel Pidana Indonesia, Indonesia: Aksara Baru, 1987), 42.
(Jakarta-
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
83 The M in is ter of Justice, decision, items:
(1)
committed.
before ma king a parole
usua ll y takes into consideration the following the nature of the delict that the gu ilty person In this regard,
whether society can accept
the Minister has to consider the guilty p er so n who committed
certain ch aracteristic crimes or not. more difficult theft,
For instance,
for a rapist to be accepted by society than a
because rape is not only a violation of state law but
also a vi o l a t i o n of traditional values; gu ilty pe rs on within the prison;
(2)
behavior of the
whether the person behave
a c c o rd in gl y with the rules of the prison or not; future
it is
(3)
the
life of the gu ilty person after bein g released;
whether he or she has a family to take care of her or him, or n o t . Acc ord in g to the law,
before receiving a parole,
the
guilty p ers on has to make an agreement with the prosecutor stating that he or she is not going to commit any crime or misbehave during his or her parole time. violates this agreement,
In case he or she
the prosecutor will request the
Minister of Justice to suspend the criminal's parole.
In
case the Ministe r of Justice cannot provide a formal suspension letter as soon as the prosecu tor requests,
the
pr ose cut or has a right to detain the g ui lt y person for a maximum of sixty days.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
The fifth form of the main criminal sentencing is custody.
Custody is imposed on someone who commits a crime,
by nature,
less serious than a per so n who is charged with
imprisonment sentencing.
Fighting one by one is one of the
main examples of custody. m ax imu m sentence.
Custody usually has only one year
Moreover,
cu sto dy shares some
di ss im ilarities with imprisonment.
Custody person cannot be
tr ans fer red to other places outside the jurisdiction of the place where he or she committed the crime, can be transferred to any other place. is that
while prisoner
The next difference
the custody person has shorter time of working
wit hin the custody than the prisoners.
Furthermore,
custody
perso n can have better place or room that he or she pays
for
from his or her own pocket while prisoners are not allowed. Finally,
custody person cannot have parole while prisoner
has the rights The
for parole.
last form of main criminal sentencing is a fine.
This charge has already been the practice many centuries.
Take for instance,
in Indonesia for
in traditional society,
people who were fined,
had to give up their properties to
society,
pieces of land,
herself
such as cows,
freely to society.
even labor his or
At this time,
fine is imoosed /N
only on someone who commits as less serious offense, traffic violation,
such as
absence of driver license while driving,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
85
not paying taxes on time,
etc.
However,
charged a fine and cannot afford alternative sentence. she has
is
it, can choose custody as
If he or she prefers custody,
to have approval
Duration of custody
a person who
he or
from the Minister of Justice.
is one day minimum and six months
maximum. The second form of criminal sentencing sentencing. certain
Under
rights;
this sentencing,
is additional
we have deprivation of
seizure of property,
and the announcement of
court decision. Deprivation of certain has already been However,
rights
is imposed on someone who
received a main criminal
this deprivation
is not an automatic one.
be decided by a court decision and certain period of time.
sentencing. It has to
its duration has a
For someone who
is charged with life
long imprisonment,
his or her deprivation of rights will
also be
For someone who
life long.
imprisonment or custody,
is charged with
he or she has a minimum of two
years and a maxi mum of five years dep rivation of certain rights,
and so does a person who
is charged with fine.
The following rights are the rights deprived: ranks,
(2)
(1)
that could be
the rights to have public positions
the rights to join the military,
to vote and be elected,
(4) the rights
(3)
for all
the rights
to be a legal advisor
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
86 and
(5)
the rights to be someone's guardian.
Seizure of pr ope rt y is the second form of additional criminal sentencing. who,
This sentencing is imposed on someone
during his or her public official time,
her power for his or her own benefit.
abuses his or
In other words,
seizure of property is imposed by the state to obtain the proper ty of a guilty person that he or she got by illegal procedures.
Especially in Indonesia,
seizure of proper ty is
carried out by the state for white collar crimes. to the Indonesian Criminal Law of 1918,
According
there are two kinds
of pr opert y that the state can take from someone:
property
that the guilty person has obtained through wr ongdoing and propert y that the guilty person has used for wrongdoing. The last form of additional criminal sentencing is the announcement of the court decision. is usually imposed on s omeone who; militar y equipment
This
form of sentencing
during war,
for his or her own benefit,
sells or buys who through
negligence
fails to report of dangerous equipment
to the
authority,
and people who cannot pay their debts.
The
purpose of this sentencing is to let the people know that the person by the court decision is considered as untrustworthy,
so the people will not deal with him or her
in the future.
In addition,
the announcement of this court
decision is also aimed to let the society know that what the
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
87 gu ilty pe rson did is not allowed by the law,
so that society
will not do the same th i n g . 1’
5. The Indonesian Court. System The first
Indonesian Court System has three main levels.
level
is called "Pengadilan Negeri,"
The
(District Court)
wh i c h means a court that is located at the county l e v e l . Every citizen who has legal dispute has to go to this level. The second level is "Pengadilan Tingkat court
that
I" which means a
is located at the state level.
as Court of Appeal
in the United States.
This
is the same
The last level is
Supreme Court which is located in the capital,
Jakarta.
The
first and the second level are ad mi nistered under the Department of Justice Supreme Court
(Departemen Kehakiman
) and the
(Mahkamah A g u n g ) . The Supreme Court
is
ad mi ni st er ed by its own institution and is headed by a chief (Chief Justice)
or
(Ketua Mahkamah AgungJ
approved by the Parliament. (hakim)
at this
who has to be
The total number of judges
level is fifty,
who have to resign when they
reach sixty five years old. Wh o ev er is dissatisfied
(defendant or plaintiff)
the d ec is io n of the first court
level,
with
he or she can appeal
:sAndi Hamzah, Sistem Pidana Dan Pemidanaan Indonesia, (Jakarta- In do ne si a: Pradnya Paramita, 1993),
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
65-
88 (naik banding)
to the second court level which is always
located in the Capital of the State
(Province). Every
appealed case has to be re-examined by judges on this level. The examination only p e rt ai nin g to legal procedures;
whether
the first court took right procedures or not to handle a case.
In other words,
the Court of Appeal will not examine
the content of the case again. (plaintiff or defendant) Appeal Court's decision,
If one of the parties
is still dissatisfied with the he or she can appeal
(kasasi)
to
the Supreme Court as the last legal recourse to prevail his or her legal dispute. the final decision. examine
The decision of the Supreme Court
However,
fpeninjauan kembali)
is
the Supreme Court can r e the case again,
espec ia ll y if
new evidences could prove that their original decision was wrong.
The number of judges in the first level,
and the Supreme Court judges.
second level
level to handle cases are always
The decision must be taken by unanimous vote.
this respect,
three In
the Indonesian Legal System provides a great
opp ort unity for the judges to be active in each case.
The
judges are the ones who examine the legal aspect and also decide whether the pa rt y is gu ilty or not. Und er this system,
the judges examine the argument of b ot h the
prosecutor and the lawyer as well as the evidence,
66 .
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89
witnesses,
and the parties
important decision makers
involved.
The
judges,
for legal cases.
in sum,
Furthermore,
are the
Indonesian Justice System also has a Military Court (Mahkamah Militer; are
involved
that handles any military personnel who
in criminal activities.
was very active at the end of 1960s of the Communist Party on trial. Tribunal
the Military
is aimed only at military personnel.
Sy stem has
is the Islamic Court
Indonesian Justice
(Pengadilan Agama).
This
is significant to the Indonesian society since
domi na te d by Moslems. believes useful all
in putting the members
Nowadays
Another kind of court that the
court
This Military Tribunal
respect,
that since the Indonesian
functions
that
In this
in the Indonesian
impervious
eradicate
to change,
Islamic Law without
it is
Daniel S. Lev
Islamic Courts do serve family life and are not
it is out of the question
to
the consent of powerful
Islamic groups. The
Islamic Courts,
authority. affairs,
The
moreover,
is a symbol of Islamic
Islamic Courts mainly deal with
matrimony and to some extent
Finally,
Indonesia has
family
inheritance. '
the State Administrative Court
(Peradilan Tata Usaha Negara;
that deals with any legal case
'Daniel S. Lev, Islamic Court in I n d o n e s i a , A Study the Political Bases of Legal Institutions, (Berkeley-Los
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
in
90 that emerges between the citizens and the state.
The main
task of this court is to handle legal cases that the policy of state overcomes and creates disadvantages citizens.
This court was created recently.
for its
It is a product
of the State Administr ati ve Law that the Parliament of Indonesia enacted three years ago.
Prosecutor
Following the court system, has three
levels of institution.
System
the prosecutor
located at the county
Any legal case that occurs within the jurisdiction of
a certain county, level.
also
The first level is
"Kejaksaan Negeri" which is always level.
(jaksa)
must be handled by the p ro se cu to r on this
The second level
is "Kejaksaan T i n g g i " which is
always located in the Capital of State
(P rov inc e). Any
appealed case must be tackled by the prosecutor on this level.
And finally,
General)
is the Federal Prosecutor
(Attorney
who is located in the nation's capital,
Jakarta.
The head of this institution is called "Jaksa Agung" Att orney General,
or
who is appointed by the President of
Indonesia. Like any other country,
the main task of the Attorney
General of Indonesia is to represent the state against whoever violates
Angeles-London:
the law.
In addition,
the A t t o r n ey General
U niv er si ty of California Press,
1972),
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
3-5.
91 of Indonesia also works together with the military intelligence activities
to search any possibility of subversive
that could destabilize society.
In other words,
the At tor ne y General of Indonesia is part of the security system of
Indonesia.20
7. Legal Assistance The
institution of legal assistance
Indonesia is a rather new concept. law,
(bantuan hukumj
In Indonesian traditional
the concept of legal assistance does not exist.
first time
in Indonesian history,
in
For the
the first legal counsel
office was established in 1923 by Mr. Besar Mertokusumo. Before this office was established,
legal assistance in
Indonesia was aimed at only the Dutch and European people because during the Dutch occupation, systems. people,
The
Indonesia had two legal
first legal system was for Dutch and European
and the second one was for the indigenous
Indonesian
people .21 The legal counsel of Indonesia started to mushroom in the beg in ni ng of 1940's,
following the emergence of the
~°An I n t e r v i e w W i t h A n d i M a t t a l a t t a , a P r o f e s s o r of L a w S c h o o l of the H a s a n u d d i n U niversity, Indonesia, and Member o f P a r l i a m e n t o f I n d o n e s i a , o n S u n d a y O c t o b e r 1th, 1995
" B a m b a n g Sunggono and Aries Harianto, Bantuan Hukum Dan Hak A zasi Manusia, (Bandung-Indonesia: Mandar Maju,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
92 national a nt i- col on ial is m movements.
Therefore,
the legal
counsels at the time were aimed to protect the indigenous Indonesian people from the oppression of the Dutc h ruler. During the Japanese occupation,
the legal assistance
in
Indonesia did not make any improvements. Within the years of 1950 to 1959,
the legal
assistance in Indonesia had a good opportu ni ty to function because the Indonesian legal system was the o nl y one that was
implemented for everybody.
Indonesia at the time was
In addition,
dem oc rac y in
liberal democracy that provided a
free judicial system from the intervention of the executive branch.
Unfortunately,
starting from 1960,
liberal democracy
was replaced by guided democracy that put the President on top of everything.
The judicial branch and system were no
longer i n d e p e n d e n t . The old regime was replaced by the new regime in 1967.
The new regime established a law which is called the
Law of 14 of 1970 that guarantees the independence of the judicial branch.
Furthermore,
this law provides opportunity
for people to es tablish institution of legal assistance. This law is the main legal foundation for the ins titutionalization of legal assistance. legal rights
law provides
to the individual of having legal assistance
when he or she faces any legal problems,
1994),
This
from arresting
12-13.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
93 time, 1970
det ain in g and du ring the trial time.
This Law of 14 of
is amplified by the Criminal Procedure Law of 1981.
Ha vi ng had the legal foundations,
the legal assistance
offices came into being in 1970.
These offices are run by
priv at e sectors,
to profit organizations.
from non-profit
The Criminal Procedure of 1981 provides that everybody is e n t i t l e d to legal counsel during the preliminary hearing and the legal counsel or her client
is allowed to file a complaint
is detained.
Moreover,
if his
the legal counsel has
the right to demand fine a from the state when the state is wron g in convicting his or her client.
In addition,
the
legal counsel can also file a petiti on to the court if the court
lacks jurisdiction to trial his or her client.
legal counsel
The
is also pe r m i t t e d to de fend his or her client
during the trial session and appeal to a higher court
if
n e c e s s a r y .22 Legal assistance is defined by the as any activities
Indonesian lawyers
that serve legal aid to poor people,
indiv id ua ll y or in a group that
involves defence,
repre se nt at io n in and outside the court, r e s e a r c h . 23 Relates to this issue,
legal education and
Chief Justice of
Indonesia offers a narrower d ef in it io n of legal assistance.
22Ibid,
44.
23Ibid,
8.
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94 Legal assistance according to the Chief Justice,
is a
defense that a co nvicted person has from a legal counsel when his or her legal case is on the pr el imi nar y hearing and the trial session. Those two definitions
limit the meaning of legal
assistance only to the unable person and legal assistance only to legal procedure.
Therefore,
in practice,
the legal
assistance
in Indonesia is still viewed as a matter of legal
assistance
in terms of representation.
in this regard, procedures.
It is ironic to say,
that legal assistance goes beyond the legal
Legal assistance also means the process of
educating people to know and recognize their political as well as civic rights.
Moreover,
legal assistance also has to
cover the universal values of human rights.24 It is unfortun ate
to say that the latter aspect of
legal assistance men ti on ed above still faces a cloudy environment
in Indonesia at this time.
Due to the fact that
the executive br anch is more dominant than the judicial branch,
the independence of the judicial branch is still
questioned.
In this respect,
legal assistance is not
away from the intervention of the executive branch. cases,
far In many
on behalf of national security and stability,
legal
assistance to the people often times has to be sacrificed.
24Ibid,
28.
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95 Take,
for instance,
some independent legal counsel
offices had to stop their operation because the government stopped their financial assistance
from foreign countries.
On behalf of national identity and pride, pr ohi bit ed LBH largest
(Legal Assist anc e
the government
In st itu ti on ), one of the
independent legal assistance office,
financial assistance
to receive
from the Dutch government because the
Dutch government severely questi on ed the human rights condition in Indonesia. frozen,
the institution can no longer provide legal
assistance
LBH,
Since the financial assistance is
to the poor p e o p l e . 25
*sAn I nterview With A d n a n B u y u n g N a s u d o n , Washington, D.C, June 23, 1995.
Director of
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96
M a x . M e d . Min S e c . S e c . Sec
Min.Sec
Open c a n p :agr
Work in Private Work in P ub l i c + 1 /3 -1 /2 + 1 /2 -2 /3
Figure 1 Process of Release
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
CHAPTER 5 THE
Since this
INDONESIAN
POLITICAL
research focuses
political prisoners,
it is,
SYSTEM
on criminal as well as
therefore,
comprehensive explanation of the
necessary to offer a
Indonesian Political System
because the political system directly affects system.
In other words,
the justice
the type or nature of the political
system can affect the level of the independence of court decisions, decisions
whether
impartial or unjust.
of the court that result
criminal and political prisoners, the criminal and political in the field.
In this respect,
in imprisoning both determine
the behavior of
inmates within prison as I found
Along with the explanation of the Indonesian
Political System,
it is also necessary to provide an
explanation on the Anti-Subversion
Law Number 5 of
1963 that
is used by the state to charge political prisoners.
1. The
Three Branches of Government
Indonesian Political System is sustained by the
concept of three branches of government:
legislative,
97
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
98 judiciary,
and
executive
branches.
reflected
by
the
parliament,
portrayed
by
the
justice
mirrored
by
Moreover, to
the
the
the
of
Constitution has
the
of two
main
is
Council
which
abbreviated
DPR)
Consultative
Assembly
which
is
Dewan
Perwakilan
through are
abbreviated
public
military
appointments guard
the
intend
together to
election
personnel are
made
change with
declare
the
war,
nominated
for
the
party
party
so
by
is
400
they
entitled
are
is
50 0
whom
y e ar s ,
by
the
First
is
the
the
t he
Rakyat),
are
100
of
can
members
of
DPR
to d e c i d e
the
national
The
parties, belong.
elected
and In
recall
the this
their
t he
is
whom
These
save
the
law.
of
elected
President.
military
t he
People's
members
and
is
Rakyat,
of
to
branch
according
Perwakilan
second
of
in c a s e
enact
bodies.
Permusyawaratan
function
their
which
the
five
that
President to
( De w a n
appointed
ideology
and
are
to
every
it.1 The
DPR
political
(DPR),
is
state.
government,
(MPR). There
Rakyat
national
to
as
the
is
a republic.
and
(Majelis
branch
branch
executive
of
legislative
Representative as
the
system
People's is
and
Indonesian
1945,
legislative
judiciary
system,
administrative
form
Indonesia
the
The
and the
to
work budget,
members
people c a s e,
D PR
of
vote
t he only
the
members
from
th e
lAlfian, Ma s a l a h Dan Prospek Pembangunan Politik Indonesia, (Jakarata-In don esi a: PT. Gramedia, 1990), 9-10.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
99 parliament The
they
members
consists members
when
of
500
of
the
by
appointees
represent
groups
counties
function every to
of
five
enact
MPR
years,
the
The
is
it
Majelis
members
appointed
and
consider
of
the
the
to
elect
to m a k e
not the
already
elaborated
been
legal
assistance in
the
of
Indonesia
is
led
Indonesian
Constitution
of
1945,
to
ministers
S y s t e m ) . The
and
Moreover,
grant
of
pardon
towers
in
DPR.
and Vice
The
President
program,
and
by
This
t he
and
to
offer
without
Highest
to
Chief
of
is
t he
Indonesia
amnesty
has
(The
Under
President
of
topic
branch
a President.
President
the
court,
chapter
executive
Ambassadors
is
a
systems.
the
furthermore,
has
t he the
entitled consent has
of
the
citizens.
The
of
the
Armed
Military
and
Politics
Indonesia.
2. If
hundred
hundred
guideline
previous
government
Forces
(MPR)
functional
represented
Branch
Justice
President,
or
Rakyat 500
five
President
Indonesian
to
groups
a national
Judiciary
and
right
Those
them.
constitution.
prosecution,
Parliament.
recall
DPR and another
professional are
to
Permusyawaratan
President.
that
Indonesian
appoint
necessary
there above
is all
one in
institution importance,
in m o d e r n it
is
t he
Indonesia armed
which
forces.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
The
100 Indonesian Indonesia
armed which
institution
forces is
that
structure;
largest
political
in
Indonesian
called 1957
by
Staff. seek
dual
abbreviated
is
command
far more it
politics
function
According
to
inactive. continue
the
as A B R I j
than
a
soul
of
over
way
government
the
military
representation
in
the this
position
army
Western
Indonesian
countries
instrument armies
the
in
of
the
Latin
poiiticai
power.
forces
the
of
where
nor
American Rather,
the
the
not
Chief
to
legislature,
the
solely
does
of
neither
indicates
which
which
in
right
like
Indonesian
introduced
politically
the
is
army is
would
remain
concept
Neither
struggle
of
a
which
Army
army
claimed
countries the
was
with t he
a concept
that
the m i l i t a r y
government.
people's
by
an
and
involvement
the
is
force
nation
government,
a d m i n i s t r a t i o n . 3 Moreover, of
constitutes
the
Nasution,
concept,
Republik
standing
justified
Haris
this
the
Instead,
is
or middle
Abdul
take
is
Bersenjata
o r g a n i z a t i o n . 3 The
General
to
(Angkatan
it
that
army
and the
in
the resemble
the
monopolize army
was
at
is the
one
of
s a me
the level
:Michael R. J. Vatikiotis, I n donesian Politics Under Suharto: Order, Development and Pressure for Change, (London-new York: Routledge, 1993), 60. 2Ha r o ld Crouch, The A r m y A n d Politics In Indonesia, {Ithaca and London: Cornell Uni ve rs it y Press, 1978) , 24 .
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101 and such
which as
fought
parties.
politically Individual
shoulder In
active,
in
nonmilitarv
skills
must
economic, t he
a place
or
just
the
t he
national
cannot
be
Indonesia handle happens the
in
separated where
social, in m a n y
quality
of
granted
simply an
to
to m a k e
participate
international,
of
government.
all
t he
the
in
the
the
Third
military
the in
of
their An
determining
other
of
to
nation.
policies they
the
cabinet,
military
objective
but
at
must
state,
have not
also
in
c o r p s,
in p o l i t i c s
condition
are
political World
be
government.'5 Furthermore,
politicians and
use
Therefore,
the
not
spectator.
the d i p l o m a t i c
Indonesian
economic, other
and
Council,
from
and
institutions
Council
a
f o rc es ,
opportunity
to d e v e l o p
helping
civilian
the
it b e
other
would
in
elsewhere of
army
and
Planning
involvement
be
the
with
government
National
and
would
permitted
levels role
Parliament, th e
be
the
shoulder
c a se ,
must
financial,
highest
in
nor
officers
participate
officer
this
to
weak
life.
and This
of unable
to
phenomenon
c o u n t r i e s . 2 In a d d i t i o n ,
leadership
also
plays
an
‘David Jenkins, Suharto And His G e n e r a l s : Indonesian Military Politics 1975-1983, (Ithaca-new York: Cornell Modern Indonesian Project, Southeast Asia Program, Cornell University, 1984), 2. 3Arbi Sanit, S i s t e m Politik Indonesia, Kestahilan, Kekuatan Politik Dan Pembangunan, (Ja kar ta-Indonesia: Rajawali Pess, 1993), 49.
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Peta
102
important
role.
is a modern In this
Since the military
institution,
respect,
or ganized
in Indonesia
it has modern communication
the military
institution,
institution
tools.
is a very disciplined and
a factor which shapes
the quality of
their leadership. The was
involvement of the military
in Indonesian politics
strengthened after the failed coup attempt by the
communists
in 1965. On 30 September
1965,
the murder of six
generals and the declaration of a revolutionary government by the Indonesian Communist Party brink disaster.
took
the Republic to the
The prompt suppression of the uprising by
Major General Suharto saved the Republic and brought milita ry to power, where Indonesian military Number
it has been since then. The
in politics
20 of 1982 which
the
is legalized through Law
is called
the Law of State Security
(Undang-Undang Pertahanan Keamanan Negara).
This law
stipulates
is a security
that
the Indonesian Armed Forces
force as well as a social force. Armed Forces
Moreover,
is a "dyna misator" and
the Indonesian
"s t a b i 1 isator" of the
nation. With this legal militar y personnel
"Ibid,
justification,
in any political,
the presence of social,
and economic
58.
Alfian, Masalah Dan Prospek P embangunan Politik Indonesia, (J a k a r t a - I n d o n e s i a : PT Gramedia, 1990), 126-127.
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1 03
institution seems to be taboo to question.
For the sake of
national security and protection from the communist threat, the Indonesian Armed Forces became a key determinant of social and political life.
In this respect,
factor
the
involvement of the military institution in deciding who will be governor,
mayor,
or even member of parliament,
is a
primary example.
3. Since Indonesian
1973,
Political
Indonesia has
Democratic
Party
three political parties:
(Partai Demokrasi
Political
(Partai Persatuan
Parties;
Pembangunan or PPP), which is a fusion of and the
(Golongan Karya or G o l k a r ) , which belongs
to the government.
Since PPP and PDI do not play a major
role in Indonesian politics, on Golkar,
Catholic,
the United Development Party
the former four Islamic political parties; Functional Group
the
Indonesia or
PD I), which is a fusion of the former Christian, and National
Parties
I will focus my attention only
a party that has played a dominant
Indonesian politics
role in
since the birth of the New Order regime
of Indonesia at the end of 1960s. Golkar was established in the 1960s by the military, and has been dominated by military personnel
Ibid,
pp
from the
5
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104 national
to the regional
However,
for the first
ble ssing of Suharto, top executive.
levels
since
formation.
time of its existence,
This political party has dominated the
(68%) since
parlia men t
(70%) five years ago.
1973.
This party even dominated the Golkar is supported by what
"big family ," a term which refers
civil servants
under the
Golkar now is led by a civilian as it
parliament
is called
its
(KORPRI),
to the military,
and Golkar members.
Regionally,
the
Golkar structure is domi na te d by the local military commanders
who become au to ma tic all y the chairman of the
local Golka r advisory board. executive,
as in the regions,
adv isory council 1973,
Within the central Golkar the major power
lies with the
rather than with the executive board.
Since
President Suharto has already been Supreme Advisor :o
the central advisory board. mi li t a r y
The board consists of senior
figures who are more powerful than any of the
people on Golkar's own executive. KORPRI
On the civilian side,
has been rapidly organized across the archipelago,
and local
KORPRI
leaders also hold positions within the
advisory board. Furthermore,
according to Golkar's bylaw,
President
Suharto as the Chairman of the Supreme Advisor of Golkar, aut ho r i z e d to dismiss the organization. position,
In this powerful
President Suharto stands at the apex of the
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is
10 5
pyramid.
His appointees sit in each of the executive,
legislative, dominates forces.
and judicial branches of government and he
the cabinet and bureaucracy as well as the armed
He also appoints the men who sit in the Supreme
Advisory Council addition,
fDewan Pertimbangan Agung,
President Suharto has the power to dominate the
People's Consultative Assembly continues short,
DPAj . In
to reelect
(MPR)--the body that
him for successive
in Indonesian politics,
Suharto
five year terms.3 In is a paramount
figure
in society. It is clear now that President Suharto in the Indonesian political arena. political events
that occur,
to play politics,
is a key player
As a result,
any
any political actors who wish
and any political opponents have to
receive his blessing and support.
In this way,
the political
prisoners who were freed and those who are still being detained,
were and are solely dependent on his decision.
4. Subversion Subversion attempt
is a Latin word which means a systematic
to overthrow or undermine a government or political
3 David Jenkins, Suharto A n d His Generals Indonesian M i l i t a r y Politics, (Ithaca-New York: Cornell Modern Indonesian Project, Southeast Asia Program, Cornell University, 1984), 13-14.
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106
system by persons working secretly within the country.
The
main idea of this definition is that subversion refers to any cause of overthrow or destruction of government or political system.9 In the legal dictionary,
subversion means
the acts directed toward the overthrow of government, including treason,
sedition,
and sabotage.*0 In sum,
subversion is activity that deals with attempts
to overthrow
or undermine regimes of government or political
systems of
states.
In this
regard,
political activities.
subversion always relates to
Since subversion deals with politics,
subversion is sometimes called by the government as a political offense or political deviant behavior. respect,
In this
Ingraham points out that there are two main
categories
that government
political dissidents.
always addresses
First,
are those which are seen as
involving betrayal of allegiance that bind political order.
to principles or persons
Second,
as involving a challenge to,
regarding
are those that are viewed
or hindrance of,
political
authority.
*Webster's N e w C o llegiate Dictionary, (Springfield, Mass: A M e r r i a m -W eb s te r, G and C Merriam Company, 1981), 1154 . “ Henry Campbell Black, Black's L a w Dictionary, Sixth Edition, (St. Paul-Minn: West Publishing Co., 1990), 921. " B a rt on L.
Ingraham,
Political Crime In Europe,
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A
107 Departing from these definitions, Law Number 5 of
The Anti-Subversion
1963 of Indonesia must be explored inthis
chapter because it deals with the Political System Indonesia. which
Furthermore,
of
the Anti Subversion Act is the law
is used by the government to charge those who are
co nsi der ed political dissidents and who eventually become the poli tic al prisoners explore.
This
that this dissertation aims to
law is the most effective
that the state may use to control, the opposition.
Therefore,
law of political politicians.
activities
Significantly,
this
legal
repress,
instrument
and eliminate
law is associated with the
as well as
the law of
this law makes a clear cut
dist inc tio n between the common criminal and the political criminal.
5.
Convictional vs.
Conventional Crime
Since subversion deals with political activities,
it is
proper to start exploring this subject by establishing a de finition of political activities: relates law,
to power,
authority,
any activity that
decision making process,
decision makers,
and policies that influence the life of
C o m p a rative S t u d y of France, Germany, and England, (Berkeley-Los Angeles-London: University of California Press, 1979), xi and xii.
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p e o p l e . 12 With
this
in mind,
then,
in Indonesia,
political
dissidents or political criminals are any persons or activities
that question or oppose the policy,
authority,
and the power of the present regime of Indonesia. Before going into detail, the definition of political
it is better
crime
distinction between common crime political
crime
(delict)
first to explor then make a clea
(conventional crime)
(political delict).
Political crime,
according to Webster's Third New International
Dictionary,
is a violation of the law or of the public peace political
rather than private
and
reasons;
for
one directed against:
a particular government or political system.'3 Regarding a political criminal, convictional criminal,
or in Schafer's
it is vi rtually impossible to find a
society which does not record a political crime. always future,
existed,
term,
they exist now,
They have
and they will exist in the
in spite of the historical experience that
the idea
behind the political crime is often destroyed the moment becomes
reality.
For Schafer,
the word "criminal"
expression "political criminal"
it
in the
is a euphemism to express
“ Mi r i a m Budiardjo, D a s a r - D a s a r Ilmu Politik, (jakartaIndonesia: Gramedia, 1981), 8. “ Philip Babcock Gove (ed), W e b s t e r 's Third N e w International Dictionary, (Springfield, Mass.: MeriamWebster Inc., Publisher, 1986), 1755.
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109 the suppression of a small minority by the majority. Furthermore,
Schafer says that
the term "political crime
is
an abuse of language." He contends that just as the concept of heresy
is necessary to ensure the supremacy of a Church,
the concept of political criminal supremacy of a government. time ma y be the hero, this
respect,
Thus,
while
is necessary to ensure the
The political criminal of our
martyr,
or saint of another age.
the word "criminal"
In
is truly a matter of time.
the guilt of the political criminal
is usually
est a b l i sh ed by the courts of justice at the time of the act, he or she
is frequently acquitted by the writers of history
centuries
later.
In addition, political
To be elevated to sainthood takes time.*4 Shafer believes that all aspiring
criminals must learn that
laws are "]ust" insofar
as they are defined by the ruling social power and so long as the existing social power prevails. the political
criminal,
dictates what
"wrong," and in the form of commands level of the "truth." Therefore,
The social power, is "right" and
raises
wherever
the law to the
the political
crime is defined in agreements between sovereign powers, is ge ne ra ll y couched in objective
net
it
references to treason,
'■^Stephen Shafer, Criminology, The Concept of the Political C r i m i n a l , (The Journal of Criminal Law, Cr im in ol og y and Police Science, Vol 62, Northwestern School of Law, 1971), 380-381.
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conspiracy,
mutiny and felonies committed against heads of
s t a t e s .:3 Sharing a similar idea with Shafer that political delict or crime
is not a new word,
Ingraham points out tha
"political crime" has been used for approximately 180 year having been introduced into the vocabulary of Western European nations at the time of the French Revolution. Ingraham acknowledges very vague.
Therefore,
that the term "political crime"
its exact definition depends on the
kind of legal response the act evokes authority.
is
from those
in
A common crime may be politically motivated or
have a political object,
but unless
it is regarded as
"political" by authority
(for example,
regarded as
threatening their power and a u t h o r i t y ) , the legal response to it will be the same as
for other common crimes;
there
will be no "special handling" of the case as is customary for true political c r i m e . 10 In addition,
Ingraham contends
that since political crime has a long history,
political
crime can be categorized as following: First,
acts of betrayal
:sIbid,
382.
to an enemy,
including
16 Barton L. Ingraham, Political Crime in Europe, A Comparative Stu d y of France, Germany, A n d England, (Berkeley-Los Angeles-London: Un iversity of California Press, 1979), 18-19.
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Ill abandonment of fortification,
an encampment,
fellow countryman to the enemy, forces,
desertion
troops,
from the armed
aiding enemy prisoners of war to escape,
into agreements and conspiracies with the enemy, and sabotage,
revealing official secrets,
or a
entering espionage
fighting as a
member of the enemy's armed forces against one's own people, and all acts aiding and abetting the enemy in time of war. Second,
attempts,
conspiracies,
the life of the head of government, succession,
and acts endangering those
in the
line of
and principal members of the government,
including assault,
imprisonment,
kidnapping,
and
assassination. Third,
certain economic crimes,
including
counterfeiting the official seal of government and its money,
for purposes of deceit,
into the country, outside
bringing counterfeit money
transporting precious metals and money
the country,
eme rgency situations,
and in certain revolutionary
or
virtually any act deemed to
be
sabotaging the economic development of the country. Fourth certain sexual crimes, adultery committed with or by,
including rape
the monarch's wife
of, or or close
female relatives and intermarriage between persons of the political
in-grcup and the political out-group.
Fifth,
speech and press crimes,
including seditious
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1 words and libels,
inciting the armed forces to mutiny or
desertion or affecting their loyalty in time of war or insurrection, dignity of,
and ail words or writings
impugning the
the Head of State or questioning the legitimac
of the government Sixth,
to,
or its capacity to govern.
religious
crimes
r e l i g i o n ) , including heresy,
(usually when there is a stat blasphemy,
and acts of impiet
and quasi-religious m ode rn counterparts
such as the symbol
act of defacing national symbol
(for example,
flag
desecration). Seventh,
rebellion,
riot,
and resistance to authoriti
in their performance of official duties, in times of emergency, the regime,
illegal assemblie
acts of terrorism directed
and all acts,
attempts,
against
and conspiracies
relat
w.. S 2T3 - 0 .
Eighth, liberties
attempts by political
of the people
societies),
leaders against
the
(in democratic or republican
including the introduction of unconstitutional
legislation and the pro mulgation of illegal decrees. Ninth, societies,
membership secret
in,
or the organization of,
societies,
and political groups
illegal hostile
the established regime. Tenth,
usurpation of official
u na uthorized persons,
function and authority
including enrolling troops
for war
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113 without
the permission of the government,
and taxes without authority,
levying imposts
and maintaining private
persons. Eleventh,
nondenunciation
(misprision)
of treasonable
plots and conspiracies by those who learn of them prior to or after their being put into operation. Twelfth,
miscellaneous offenses,
including speculation,
extortion,
and embezzlement by officials and bribery of
officials,
election bribery,
particip ati on other acts powers,
correction and fraud,
in foreign wars without authorization,
involving the state
attempts
authorities,
in conflict with
and
foreign
to travel abroad without the permission of
and all conventional crimes which are
po lit ically motivated and which entail both an attack on the State and some private interest, vandalism, of,
such as robbery,
and murder committed during,
theft,
or in furtherance
an insurrection. Departing from those categories mentioned above,
the
political delicts can be summarized into four main groups. First,
acts of betrayal are those which deai with the safety
and security of the nation or society with respect to a foreign enemy.
Second,
challenges to political authority and
legitimacy are these which concern the safety and security of rulers and the legitimizing principles on which their
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114 right to rule and their authority depends.
Third,
hindrances
of official functions are those which involve impediments or embarrassments of rulers government taxation,
in carrying out the functions of
such as the conduct of foreign relations, coinage of money,
administration of law.
raising of armies,
Fourth,
or
usurpations of granted powers
are those which concern the protection of the people tyrannical
from
efforts by rulers to enlarge the powers granted
them and to subvert
the traditional political
rights enjoyed
by the people."' Moreover,
due to its vagueness,
according to Wedlock, ways.
For example,
engage
in acts;
crime,
can be reflected in many different
political criminals need not necessarily
their crimes might be their failure to
perform legally imposed duties. prohibited
political
Speech or writing concerning
subject matter can be criminal.
To be a political
criminal one need not seek to overthrow the government or to dispose its leaders;
proposing change or attempting reform
or entrenching political policies can also be considered political delict.
17Ibid,
22-23.
18 Eldon D. Wedlock, Jr. and Nicholas N. Kittrie, The Tree of Liberty, (Balt i o mor e-L on don : John Hopkins University Press,
1986),
xxxvii.i
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115
Without offering a concrete definition of political delicts,
Turk notes that authorities
accusations
of political delicts
In this respect, to control controls)
usually justify
through the legal system.
the legal system is used by the authorities
the subject population both directly and indirectly
control serve
(field control).
to discourage
of the authorities.
resistance
(command
Both kinds of
to the political will
If the level of discontent and
questioning of authoritative decisions becomes unacceptable, conventional crime laws,
civil and criminal
laws,
as well as political
may be used to justify and facilitate
suppression of opposition.
Moreover,
laws which explicitly
define political criminality are distinguished by their political vagueness and permissiveness procedures.
regarding enforcement
Though the ideology of the modern
is democratic,
this mystique
legal system
is belied by the promulgation
of laws overtly designed to facilitate the suppression of political opposition.
Vagueness
in defining the elements of
such crimes as treason and sedition permits and ambitions
of authorities
the insecurities
to override judicial
in deciding their meaning in specific instances.
reasoning Those
assigned the task of political policing are given extrao rd in ar y leeway to find the most efficient means, ultimate
the
aim being preservation of the authority structure
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116 irrespective of legal con str ai nt s. 19 Having presented those definitions m e nt ion ed above, there exists a clear distinction between the political criminal and conventional criminal.
A political criminal
is
a person who has strong belief that his or her views on law and democracy are right while government's The actor of political
crime always
views are wrong.
starts with a good
intention and belief that what he or she does the common
interest.
or her action
is not against
Rather he or she even believes
that his
is for the good of society even though the way
he or she achieves coercive action.
his or her political goal has to be with
In this
respect,
the actor of a political
crime believes that the violation of order or law is necessary
in order to replace
the political
criminal does not acknowledge
the prevailing denies
the old order or law.
law or order,
the validity of
while the common criminal never
the validity of the prevailing law even
violates
it.
Political delict
Thus,
if he or she
is also inspired by altruistic
motives that are based on the consciousness of the actor to change the act of society or the leaders of society which he or she considers
improper,
whereas common delict
is based on
13Au sti n T. Turk, Political Criminality, The Defiance A n d Def e n s e of Authority, (Sage Library of Social Research, Volume 136, 1982), 67-68.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
117 selfish motives and the personal this way,
interest of the actor.'0 In
political delict can appear publicly or under
ground while common delict most of the time occurs under ground. Furthermore, be
"convinced,"
the convictional or political criminal may
for example,
that it is not "lawful to kill
in order to secure the triumph of a cause," but he or she will proceed to disregard the law nonetheless. to the convictional criminal,
In contrast
the conventional criminal
offender almost always acts without considering whether his or her act
is legal or illegal.
convictional
In this respect,
criminals commit crimes because they are
convinced in the justice of their beliefs or ideals and because the crime appears
to be the best available means
express
their unselfish concerns
groups.
Facing this circumstance,
to
for society or their social therefore,
convictional
criminal
convictional
criminal cannot escape
the
is always under dilemma.
A genuine
from this dilemma.
He or
she inevitably faces an internal clash between two antagonistic beliefs which represent a nearly insoluble and tragic contradiction between moral and social demands. one side
is loyalty to the general principle of law and
:aL oe bb y Loekman, D elik-Delik Politik Di Indonesia, (J a ka rt a- In do ne sia : I nd -H il l-C o. , 1993), 46-47.
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Cn
113 order and the condemnation of ordinary selfish crime. other,
On the
is the conviction of the justice of the cause and the
assumption that only crime can promote it.21 Having had this circumstance, hand,
the convictional criminal on the one
commits a crime not as his/her purpose but only as an
act that obstruct the ultimate criminal,
on the other hand,
idea,
and the conventional
commits a crime as his/her
ultimate goal. Another dissimilarity between the convictional conventional
criminal
criminal undergoes
and
is that since the conventional
relatively minimal
before committing his/her crime,
internal struggle
his/her anxiety
is confined
mainly to careful planning,
maintenance of security,
successful
The convictional criminal,
criminal action.
the other hand, mechanics
conventional criminal
arrest,
Furthermore,
while the
is often restless after the crime has
because of pangs of conscience,
and other upsetting conditions,
criminal's
on
is often less concerned with the actual
of his/her crime.
been committed,
and
conscience
fear of
the convictional
is satisfied and the previously upset
balance is restored.
:i Stephen Schafer, Criminology, The Concept of the Political C r i m i n a l , (The Journal of Criminal, Criminology and Police Science, Volume 62, No 3, 1971), 384.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
The next difference places
a great
is that the conventional criminal
importance upon security since every breach
of secrecy may jeopardize his/her success. planning,
preparation,
Therefore,
and location of his/her hiding place
are kept confidential and any form of publicity presents danger to this group of criminals. convictional only places
criminal,
In contrast,
with his/her altruistic
less emphasis upon secrecy but
welcomes publicity.
the ideology,
frequently
He/she hides and disguises
his/her
activities only to promote his/her communal goals. pu blicity of the crime
no
Dramatic
is therefore almost a necessity for
the convictional criminal because
it maximizes
the public's
understanding of his/her actions. Publicity about
the convictional crime almost
inevitably leads to further crimes.
As the convictional
criminal disseminates his/her ideals to more members of his/her society, to increase. be followers.
the number of the convictional crimes
tend
His/her crime may serve as an example to would Since the convictional crime may even be
supported by public opinion,
punishment of the offender may
fail to deter later convictional crimes.
Therefore,
m a r t y rd om may serve only to interest others ideal and to recruit members
in the given
for the convectional violation
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120 of the law .22
6. The Anti-Subversion Law Number 5 of
1963
The root of the Anti-Subversion Law of 1963 of Indonesia can be traced back to the 1950s.
The political
situation of Indonesia at the time was very unstable. Political
turmoil marked everyday life.
the federal government abounded;
Civil wars against
separatist movements
seemingly became a landmark of the country. the m il it ar y and the Communist result,
Party was severe.
the government was unable to perform or
itself to serve
for
Soekarno emerged as attempts
Rivalry between
the benefit of the people. a dictator.
As a function
President
Countless assassination
on the president occurred.
Under
these c i r c u m s t a n c e s , President Soekarno declared
that on behalf of the
Indonesian revolution,
to declare an emergency situation.
he was entitled
In this respect,
President Soekarno proclaimed a Presidential Decree that regulated political
activities and was clearly
designed to
deter any political
activity which was against
the federal
government.
This decree proved to be
the most effective
vehicle to punish and eliminate the leaders and members of
"Ibid,
386.
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121 the oppositional group.
The name of the Presidential
is Presidential Decree Number
Decree
11 of 1963 Regarding The
Elimination of Subversion Activities which had to be enforced throughout the country as a positive
law.
Presidential
Party
Decree,
the Indonesian Communist
benefitted the most because
it joined President Soekarno to
eliminate the political oppositions. status of the Presidential debate
The legitimacy or legal
Decree remains an endless
Indonesian Communist
for President Soekarno and the
Party that a new power
military came in 1966.
led by the
This new power is called the New
The New Order which is totally against communism,
eliminated the members of the
Indonesian Communist
not only from political activities but also life.
legal
to this day.'3
It was very unfortunate
Order.
With this
Using the Presidential
imprisoned,
detained,
Decree,
Party,
from everyday
the New Order
regime
and put to death many people.
President Soekarno was detained at his own house until his death in 1970.
In this way,
the Presidential
Decree,
in sum,
struck back at President Soekarno and the Indonesian Communist
Party.
:3Andi Hamzah, Hu k u m Pidana Politik, Indonesia: Pradnya Paramita, 1992), 12. :4Niniek Suparni,
(Jakarta-
Tindak Pidana Subversi,
S u a tu
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
122 In order to maintain its image, the Presidential Therefore,
the New Order legalized
Decree through the Parliament
the present
law of Indonesia
activities and political activist
in 1969.
regarding political
is a product of the
parliament which is called The Ant i-Subversion Law Number of 1969.
This
law is not different
5
from the Presidential
Decree except all references to the word "revolution" were replaced by words
"Pancasila or National
Having had the approval a source of positive
Ideology.
from the legislative branch as
law of Indonesia,
the Anti-Subversion
Law of 1969 undoubtedly became the most effective for the New Order opposition.
regime to protect
its position
The New Order regime uses this
as a threat.
However,
from the
law to suppress
and eliminate any potential political opposition regime views
instrument
the Parliament
that the stated
that it adopted the law in 1969 only as a response to the political attempt
crisis
that occurred as a result of the coup
by the Communist
Party in 1965,
and they recommend
that the Ant i-Subversion Law of 1969 should be replaced or eliminated when the political stability comes Yet,
into being.
the New Order regime does not seems to have any
intention of replacing or eliminating the Anti-Subversion
Tinjauan 14 .
Yuridis,
(Jakarta-I ndo nes ia: Sinar Grafika,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
1991),
123 Law of 1969.
The New Order regime enjoys having this
because it truly protects
law
its pow er .25
The nature of this the Ant i-Subversion Law of 1963 the main object of criticism in Indonesia today.
is
Some
critics demand the abolition of the An ti -S ubversion Law of 1963 because they consider that
the An ti-Subversion Law of
1963 offers only a legal uncertainty. c r i ti ci sm addresses 1963
the fact that
is a multi-pu rpo se
To this point,
the Anti-Subv ers io n Law of
law which means
that the law can be
used for any purpose and can be a trap for anyone. criticisms
are based on Article
of 1963 which provides
the national government
These
1 of the Anti-Subversion Law
that it is illegal and punishable to
whoever does an action with intention, he/she should
this
has
knowledge or
knew that there is action which can destroy ideology and overthrow the regime of the
or undermine the legacy of the government and
state officials. criticisms,
The term "whoever," according to these
is aimed to trap anybody that the government
considers a political opponent.
The term "action"
refers to
any activity that the government views as a threat to its position.
Furthermore,
the words "destroy"
and "undermine"
An I n t e r v i e w with Adnan Bu y u n g Nasution, a lawyer and political activist who was detained in 1975 by the New Order regime without due process, Washington, D.C, June 1995.
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124 remain vague and open to multiple unfortunate,
in this respect,
interpreta tio n always comes The
interpretations.
It is
that the right and the only
from the government.
second major criticism of the nature of the Anti-
Su bversion Law of 1963 is that this law allows someone to be tried without his or her presence
in the court room
(in
a b s e n t i a ) . This provision clearly does not provide op p o rt un ity to a convicted person to defend his or herself before sentencing by the court.
In this respect,
a person
can be arb itr ar ily punished without his or her kn ow led ge.2,1 Ano th e r criticism of the nature of the Anti-Subversion Law of
1963,
prosec ut or
is that this
law gives the authority to a
to detain a suspect
for one year.
not co nsistent with the Criminal
This clearly is
Procedure of 1982 of
Indonesia that permits a prosecutor to detain someone for only 20 days.
Having had the authority,
use any possible means from the suspect. suffer,
to extract
Therefore,
the prosecutor can
information that they need
most of the political detainees
psy chologically and physically during this period."'
The next criticism of the nature of the Anti-Subversion
"6H a m i d Awaludin, Und.ang-Und.ang Subversi Tidak Lagi Relevan, (Jakarta-I ndo ne si a: Ha rian Kompas, A Daily Newspaper, Agustus 3, 1995), IV. :7An di Hamzah, Hukum Pidana Politik, Indonesia: Pradnya Paramita, 1992), 21.
(jakarta-
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
125 Law of 1963 is that this
law allows organizations or
institutions to be subjects of law. the An ti -Subversion Law of 1963,
This means
that under
the government can legally
dismiss any organization or institutions which the government considers a threat. against
This provision also is
the Criminal Law and the Criminal
Procedure of 1982
which allows only persons as subject of law.28 The An ti -Subversion Law of 1963 provides criminal sentences
for violators:
or life-long imprisonment,
thousand rupees
the death penalty
or twenty years imprisonment or a
fine of thirty million rupees maximum of five years
First,
two main
($(JS 15,000).
Second,
imprisonment or a fine of
($US 750,00).
In addition,
a
five hundred
the government
can also seize all property or possessions of the political c r i m i n a l ."9 In short,
it is clear
executive branch,
fact that the domination of the
especially president over the
judiciary
branch of Indonesia is un g u e s t i o n a b l e . One of the most effective vehicle to maintain this position is to preserve the Anti-Subversion Law of 1963. very effective
23Ibid,
19.
29Ibid,
41.
instrument
This legal
instrument
is a
to prevent any idea or action that
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
126 can change the status quo. Indonesia,
Moreover,
political prisoners of
as a product of the A n ti- Su bve rsi on
is legally different cons equences
from criminal prisoners.
law of 1963, The
of this legal differences will be explored more
d et ailed in Chapter 8.
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CHAPTER 6 THE INDONESIAN PRISON SYSTEM
This chapter provides
three main parts.
The
first part
deals with the historical background of the Indonesian prison which traces back to the Dutch, Indonesian
regimes.
of life of the
In this section,
and
I examine the condition
inmates under each regime,
why each policy was pursued. contemporary
Japanese,
including
reasons
The second part explores
the
Indonesian prison system and the mechanism of
the Indonesian
institutional correction system.
In this
part,
the questions of how and why
inmates get
I answer
in and out of prisons.
The structure of the organization of
the Justice Department of Indonesia, for the institutional correction, part. the
Finally,
inmates'
in part
three,
life within
1.
History
The prison
th e
Although
is responsible in this
the legal base and order of
the prison,
of
which
is also explored
is highlighted.
Indonesian
is a relatively new
Indonesian society.
the
it was
institution
institution did already exist
time.
Prisons
in
introduced by the Dutch
in the beginning of the twentieth century as an
Prison
(1905),
the prison
in Indonesia before that
in Indonesia during the Dutch
regime,
were
127
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128 used as instruments of punishment aimed only at European people.
Before the concept of prison was introduced,
was the principal and main form of punishment
exile
in Indonesian
society. Before
1905,
the Dutch administration introduced two
legal criminal systems
in Indonesia.
van Strafrecht voor de
Inlanders
Indigenous
The first was Wetboek
(Criminal Law for the
Indonesian p e o p l e ) , and the second was Wetboek
voor Ero peanen
(Criminal Law for European p e o p l e ) . The
criminal
law for Indonesian people regulated the death
penalty,
coerced labor,
and fines,
while the criminal
for European people regulated death sentences, detention,
and fines.
In this regard,
law
imprisonment,
it is clear that the
Dut ch administration did not use prisons as an instrument of punishment
for Indonesian people because its criminal
law
pro vi di ng for prisons was intended only for European people. The above policy was implemented by the Dutch in part, as a labor tool.
Even though the institution of coerced
labor was meant as a substitute to the institution of prison for the Indonesian people,
it is an undeniable
fact that
this p o l i c y had economic,
judicial,
objectives.
guilty Indonesian people were
For instance,
and political
sente nced to labor in sugar plantations, buildin g rail roads,
cobalt,
coal,
irrigation,
and gold mines.
In this
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129 respect,
it is clear that the Dutch government needed free
laborers at the time,
so its policy had to be in conjunction
with its needs. In addition, could range
the length of a coerced labor sentence
from one day to life sentence.
For the criminals
who had a five year mini mu m coerced labor sentence, legs had to be shackled together by iron chains
their
(dwang
arbeid aan de k e t t i n g ) . For the Indonesian criminals who had less than a five years maximum coerced labor sentence,
their
legs did not have to be shackled together by iron chains (dwang ar beid buiten de ketting,) . In addition,
coerced labor
sentences had to be implemented outside of the jurisdiction of the court that had decided the case,
and outside of the
territory where the criminals had committed the c r i m e s . 1 The objective of this po licy was to alienate the criminals their home and society.
This system took place
from
from 1872 to
1905.2 Aft er having completed the necessary infrastructures through the use of Indonesian criminals that the Dutch needed,
the de mand for labor decreased.
As a result,
the
:R. Soegondo, Sejarah Kepenjaraan Di Indonesia (Dari Kepenjaraan Ke P e m a s y a r a k a t a n ) , First Edition, (JakartaIndonesia: Direkt ur Jenderal Pemasyarakatan Departemen, R I , 1983) , 13-14 . 2Ibid,
16.
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130
Du tc h admini str at ion changed its po lic y or form of sen te nc i ng of Indonesian criminals: re pla ced by imprisonment
in 1905.
coerced labor was
It was the first time that
sentences of imprisonment were imposed on Indonesian people. The Dutch,
in this respect,
held b et wee n 700 to 2,700
deve lop ed many big prisons
inmates.
d iv ide d into two main categories: (Gewestelijke Centralen) Gavangenissen)
These prisons were the regional prisons
and the central prisons
(Centrale
which were located in major cities.
central prisons are still
that
functioning today.
These
Even though
these prisons were occupie d by bo th Indonesian and European criminals,
European criminals had one room for one inmate,
while one big room housed twenty five Indonesian in mat es. 1 These prisons had been built by the coerced labor of Indonesian criminals. A l t h o u g h the concept of prison was
imposed on
Indonesian criminals as a substitute of coerced labor sentence,
the indigenous
Indonesian criminals were not freed
from co er ced labor because wi th in the prisons time,
Indonesian inmates had to labor
for Dutch private companies.
wi thi n a prison,
the indigenous
v i o la te d the order of the prison, his or her fellow inmates
3Ibid,
At this
Indonesian inmates who
had to be isolated from
in a special dark room
(ruangan
25-26.
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131
s u n y i ) . In addition,
if these special dark rooms were full,
the sentence was replaced by rotan canning. report of the Dutch administration, 4,615
indigenous
Ac c o r d i n g to a
between 1908 to 1916,
Indonesian inmates were sentenced to
canning and 6,486 had to be isolated in special dark rooms.4 The condition of the inmates'
lives wi thin the prisons
were v ery bad because prisons were overcrowded. 1920,
over 105 prisoners out of a total of 3,000 died due to
illness.
Based on these descriptions,
fact that the motive time,
In March
it is an irrefutable
for an imprisonment sentence at the
was still revenge and retribution together with free
labor for the state.
It was not yet corrected.
Those conditions me ntioned above did not continue
for
very long because the Dutch administration made a big transformation in the criminal law system in 1918.
The Dutch
administration unified the two legal criminal systems,criminal
law now applied to both the indigenous
people and the European people.
Indonesian
This new criminal
law is
called Wet bo ek van Strafrecht voor Nederlandsch-Indie which means criminal law for Dutch-Hindia and is still in use today.
(Dutch and I nd on es ia ),
Furthermore,
the Dutch
administra ti on also enacted a prison law, R e g l e m e n t . This
4Ibid,
called Gestichten
law also still prevails in Indonesia at this
33.
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132
time. As the criminal legal system changed, toward the prison's management.
so did the policy
In this respect,
the Dutch
administration abolished the central and regional prisons system,
and replaced it wit h a classification system.
system divided the inmates by their ages, degree of their violations.
gender,
This
and the
This policy was taken because
the old prison system not only did nothing to improve the inmates behavior,
but it even worsened it. Moreover,
number and degree of crimes old system,
the
increased all the time under the
not because of the increasing population,
economic pressure,
or other social factors,
but because the
prisons under the old system became schools of crime (Hoogeschoolen der m i s d a a d ) . Inmates learned and taught each other within the pr is on s . 5 This situation is not different from what
I found from the field.
The exploration of this
subject will appear again in chapter 8. The new management and prison system provided one room for each inmate;
separated child inmates from adult
inmates;
built wat ch towers for every corner of the prisons;
supplied
psychiatrists to the inmates; available;
established work in g hours for the inmates only
during day time;
5Ibid,
made newspapers and magazines
and beg an a system of parole.
In sum,
41.
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1 33
prison system became muc h less stringent and the orders of prison were loosened. It is my firm belief that the new p ol ic y toward prisons occ ur r ed as a reaction to the new orga niz ed national antiimperialist movements which emerged in Indonesia for the first time.
The demands
for social,
economic,
and political
changes by the indigenous Indonesian people were extensive and became the landmark of the time. In response
to these organized national a n t i
imperialist movements,
the Dutch administration arrested and
imprisoned the activists of the movements.
It was the first
time the concept of political prisoners came Indonesia.
Those political
into being in
inmates struggled within the
prisons against the po li cy of the colonial powers. influenced the other fellow criminal inmates battli ng against Therefore,
to join them
the Dutch's policy and administration.
during this period,
in Indonesia were
They
frequent.
mass riots wi thin the prisons
This situation led the colonial
power to change again its policy and management of the prison system. Afte r the Dutch occupation,
the Japanese occupation
contr ol le d Indonesia from 1942 to 1945.
During this regime,
the condition of prisons and their inmates were not better off,
in fact,
the Japanese regime even w or se ne d the prison
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134
system and the co ndition of life of the inmates.
The
Japanese admin ist ra tio n changed the policy and management of p rison once again.
The inmates were obligated again to
submit to coerced labor to produce blankets, swords for milit ary purposes.
Furthermore,
boots,
the Japanese
regime forced the inmates to build military ships areas,
and ironically,
The main objective of this
po lic y was to use the indigenous the Japanese
in coastal
the inmates at the same time were
trained strictly as a militia.
support
and
Indonesian inmates to
troops against the allied powers during
the World War II. The orders of prison at the time were more strict than the Dutch orders. occupation, clothes,
During the Japanese
life condition of the inmates,
and health were unspeakable.
such as food,
On an average 25
inmates died every day in every big prison due to malaria, diarrhea,
and m al nu t ri t i on .’
The intolerable
life conditions described above were
a gg rav ate d by the fact that the Japanese regime treated the Indonesian political criminals as well as criminal prisoners, inmates.
the same wa y that they treated the Dutch criminal
They were all equally treated as war criminals.
more the prisoners complained or protested, the confinement.
’Ibid,
In short,
The
the more severe
the life of the inmates under
52.
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135
three and a half years Japanese occupation was
inhumane and
exploitative. However,
these conditions came to an end when the
Indonesian people proclaimed its independence on August 17th 1945.
The new Indonesian regime took over all the social,
economic,
political,
and legal institutions that had been
formerly controlled by the Dutch and the Japanese regimes. The new Indonesian regime released all the political as well as most of the criminal inmates. prisoners
inmates
The former
joined the Indonesian milita ry battlin g against
the Dutch mi lit ary when it tried to reoccupy Indonesia again. The new Indonesian government established a new policy in Oc tober inmates; regime.
1945
that provided health services to the
that had been totally ignored during Japanese The
labor of the inmates became
the agriculture.
In this way,
man y skills and training. drastically.
focused much more on
the administration provided
The food was also improved
During the Dutch and Japanese regimes,
people and panhandlers had been imprisoned.
homeless
The government
of Indonesia reversed this mandate and declared that all homeless people and panhandlers had to be released from prisons and could not be imprisoned again unless they com mitted a crime.
The
Indonesian government's policy
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136 pr ovided health care houses
in the public hospitals and public
for these two groups of people.
In addition,
they
were given work with reasonable w a g e s . 7 Furthermore,
the
Indonesian government required all
prison guards and officials to be trained and educated, espec ial ly on how to treat the inmates humanely.
The
adm inistration officials were also required to inform the inmates of their rights and obligations,
so that they would
know their positions wit hi n the prisons.
In 1948,
the
Indonesian government once again separated the child inmates from the adult
inmates,
and within the same year,
government of Indonesia offer ed remission time sentences
the
(or reduction)
of
to the inmates as long as they behaved
according to the order of the prisons. time sentencing,
I believe,
This remission of
was taken by the government of
Indonesia to help or reward those inmates who had been involved in the m il it ar y and had taken part struggle against the Dutch and Japanese
in the physical
regimes,
and then
been imprisoned. These efforts at improving prison life were continued during the period of
1950s-1960s.
In this period,
the
government of Indonesia started introducing the concept of non-exploitative working,
7Ibid,
wh ic h means that the inmates were
62.
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137
paid for their labor. This period was also ma rked by the opening of a school prison.
The government of Indonesia
offered adm ission to every citizen who wa nt ed to pursue careers as prison guards and administration officials. government of guidelines
Indonesia,
in this respect,
for prison personnel.
The
established
Prison guards as well as
a dmi nis tra tio n staffs had to be a mi ni mum of 25 years of age,
and a max im um of 4 5 years of age.
This policy was
followed by a publication of standard rules treatment of prisoners, Nations'
for the
which was taken from the United
Dec lar ati on on Prisoner's Li f e . 3
In order to distribute the Indonesian population equally,
the government of Indonesia off er ed a
trans mi gr at ion program to the inmates.
This program was
offered to the inmates who wanted to move w it h their families to other places that were not highly populated. This p r o g r am was offered to inmates who had only a maximum of one ye ar remaining in the prison sentence.
They were
released earl ier as long as they agreed to move to the locations that the government recommended.
Alo ng with this
policy,
the government of Indonesia also allo we d the inmates
to move
from their original prison to the p ri so n closest to
their ho me to w n three months before their release.
3Ibid,
This
76.
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138 p oli cy was inmates
intended to facilitate the readjustment of the
to their home,
whether new or old.
In addition,
all
the transportation fees were the responsibility of the government.
Moreover,
the government of Indonesia through
the Minister of Justice, Day of Indonesia pardons
deci de d that on every Independence
(August 1 7 t h ) , the government woul d give
to the inmates who had good records.
This policy
still exists today. The last po lic y that the government of Indonesia took in order to improve the prisoners'
lives within the period
of the 1950s and 1960s was an effort to readjust the inmates to society.
In this respect,
social activities
the inmates were
in their community,
together at the mosques or churches, having picnic together.
involved in
such as praying exercising together,
All of these activities
or
took place
outside of the prisons. Starting in 1960, tremendous changes.
the
Indonesian prisons experienced
These were inspired by the Se cond United
Nations Congress on Prevention of Crime and Treatment of Offenders
in Lo ndon in 1960.
This congress was attended by
two high ranking officials of the Justice Department of Indonesia.
These two delegates were later in charge of the
improvement of pr is on
9Ibid,
life in Indonesia.3
90.
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139
The efforts to improve Indonesian prison life reached its peak in 1963.
The term "prison" was replaced by
"P e m a s y a r a k a t a n , " which literally means socialization.
This
s o c i a l iz at io n term was later translated as "correction." This poli cy was
first voiced by Dr.
Sahardjo,
of Justice of the Republic of Indonesia,
the Minister
in his formal
speech d e l iv er ed on the 5th of July 1963 to accept the Ho no r a r y Degree
("Doctor Honoris Causa")
conferred upon him
by the Un iv e rs i ty of Indonesia in acknowledgement of his contri bu ti on s
to the science of law.
Furthermore,
at the same occasion,
Dr.
Sahardjo
in troduced the Banyan tree as the symbol of the institutional
correctional system of
tree represents protection
Indonesia.
The Banyan
(p en gayoman), a guide
Indonesian officers on how to treat the convicts. to make the offenders
This was
feel that they are protected,
v i c t i m i z e d or threatened by the officers. of security,
for the
not
Having had a sense
the offenders were then expected to confess and
acknowle dg e that what they di d was wrong and bad for society. citizens,
Moreover,
the inmates are reeducated to be good
so that they can go back and adjust to society.10
In this way,
the Bayan tree also represents protection of
societ y from criminals.
10Ibid,
101.
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14 0
From this perspective, physical still
freedom,
criminals
but their spirit,
free. Therefore,
lose not only
soul,
and knowledge are
guilty persons are still
humanely because they are simply protected, This
their
not
treated imprisoned.
is a clear di st inction between concept of prison and
concept of correction where
the first puts much weight on
revenge and de terrence and the latter emphasizes education for readjustment and resocialization. prison system,
the relations between the
guards or officials while
are
relations. versa.
and
respect,
in
inmates and the
relations between
in correctional system,
or officials
In this
lords and serfs
the relations between guards
inmates are non-hierarchical or reciprocity
The guards or officials need the
inmates and vice
Another point of difference between prison and
correctional
systems
is that
in prison system,
the
inmates
work because they are obligated to accomplish certain works while
in correctional system,
prepare
themselves
Finally, inmates
in prison system,
inmates
in order
inmates work simply
in society when order
from wr ong doi ng while
is preserved the
to live
the
to follow certain
they get off.
is preserved to prevent
in correctional
to educate,
to
discipline,
rules
system,
the
order
and accustom
for the benefit of whole
s oc ie ty . "
"Interview with Sanusi Has, Director of Prisons, Department of Justice of Republic Indonesia, January 21,
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141
Under this philosophy,
correction should view that
crime and delinquency are symptoms of failures and di so rg ani za tio n of both co mmunity and the offenders. respect,
In this
correction has to build and rebuild solid ties
betwe en offender and co mmunity and integrating or r e integrating the offender into co mmunity life-restoring family ties.
To implement this notion,
institutional correction of
therefore,
the
Indonesia must prepare the
of fe nd er to obtain job and educational skills,
securing in
larger sense a place for the offende r in the routine functioning of soc ie ty . 12 In this regard,
the institutional
co rre cti on of Indonesia has two main functions. function is educational for the
inmates
are religious,
The first
function which provides education
that enables them to become good persons who sociable,
and have the sense of nationality,
intellectuality and obedient
to the law. The second function
is developmental function which shapes the inmates to become the development agent who are productive both while in prison and after release.
In ach ieving this objective,
inmate will be given the vocational training as the p re pa rat ion to be self-suppo rte d in the future and
1995, J a k a r t a - I n d o n e s i a . This interview was held in his office for three hours. 12Soegondo,
op.
cit.,
in note 1,
110.
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an
142
participate
in making the developmental su cc e s s f u l .13
A n o th e r policy that the government took in order to improve the qual ity of prisons
life was to establish a
correctional college that provided knowledge and skills to students on the correctional matters.
This p ol ic y was
followed by another po licy that prohibited to accept and release of prisoners without any legal justification that issued by the competent authorities.
Furthermore,
the
Minister of Justice joined with several other ministries to involved the inmates
for field working outside the
prisoners. In order to enrich the inmates' rights and duties, Un iversity of inmates
knowledge on their
the Minister of Justice authorized the
Indonesia to provide legal training for the
(Prisoners A i d Society P r o g r a m ) . This training
involved private as well as public se ct o r s . 1-*
2.
The
Indonesian
Pri s on
System
Under the Indonesian Criminal Procedure of 1981,
the
institutional co rrection is the last institution that handles criminals.
Preceding
this institution, there are
13A Glance of Che Directorate general of Correction, A Brochure wh i c h was published by the Directorate General of Corrections of Justice Department of Republic of Indonesia, without year publication, pp 5 1-iSoegondo,
op.
cit.,
in
note 1,
13 5.
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143
police,
prosecutor,
and court
el abo rat ed in Chapter 4 S y s t e m ) . Therefore,
(judges). This issue is
(the Indonesian Criminal Justice
the task of the Indonesian institutional
c orrection plays big role to educate and resocialize criminals
into society.
With this role,
institutional correction is responsible
the Indonesian from the time the
criminals get in to prison until they get release and going back to society.
This institution is responsible to the
Mi nis ter of Justice of the Republic of Indonesia,
who is in
charge to administer and responsible to the entire of correctional
system of Indonesia.
In addition,
the Indonesian institutional correction
has to be responsible
for what the criminals do and how they
behave within the prison.
This
institution is also required
to prepare the criminals with education, conduct
in order to resocialize
skills,
moral
the criminals into society
when they get off. Ac cording to the regulation of the Minister of Justice of Indonesia No.
M.0 2- PR .07.10,
1989,
the Directorate
General of Corrections has the main task to perform a part of the main task of the Minister of Justice in the field of corrections
i.e.
to treat convicts,
juveniles,
detainee and
to administer the state confiscated goods in accordance with the secretary's policy.
In accomplishing the task,
the
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144
Directorate General of Corrections has to fulfill the following functions: a.
Formula ti ng the technical policy in the treatment of convicts,
juveniles,
con fi sc at ed goods
detainee and admin is te r the state
in accordance wi th the secretary's
po l i c y and the law in force. b.
Implementing the tasks in treating the convicts, juveniles,
detainees and in the a dm ini st ra tio n of state
c o n f is ca te d goods in accordance with the law in force and ada pt ed wi th the real condition. c. Se curi ng the
implementation of the tasks,
w it h the note,
if there is any obstacle faced it will be overcome so that the task will gain satisfactory effects. In order to carry out General of Corrections
its tasks,
the Directorate
is supported by Sec re tar y of The
Directorate General of Corrections that administers the whole pa p e r works, prison's
life,
Directorate of Prison that deals with
Directorate of Probation and Parole of which
is responsible for parole and probation, Juvenile
Institutions
Directorate of
for handling juveniles,
De tention Houses that handles detainee, Technical Operations of the Correctional
Directorate of
and the Unit of Institutions.
institution deals technically with the physical m e n t io ne d above.
This
institutions
This technical operation institution
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145
consists of House
of Detention, Prison,
Office,
T re as ur y for Confiscated Goods.
and State
Probation and Parole The
structure of organization of the Directorate General Corrections of
Indonesia appears in figure 2.
To carr y out Corrections bases 1.
its function, the Directorate General
of
its po lic y on ten main principles:
Protect and provide the prisoners for proper
and useful
role in the community. 2.
Refrain from incarcerating and torturing the in deed or words.
The prisoners shall
prisoners be
be subjected to no
heavier suffering than the temporary denial of freedom to move
in the community.
3. Give the inmates guidance,
not
incarceration,
repentance.
Lead them to under st an d the norms of life and rekindle in them the positive sense of community living. 4. The state shall not be instrumental to the inmate's further deterioration from its pre-admi ss ion level,
e.g.
to mix the adult convicts with minor or felons with misdemeanant etc. 5.
Loss of
freedom does not constitute the total
of the inmates
from the community.
In fact,
isolation
they should
be assisted to stay tuned to the rhythms of society. Visit
from their families,
relatives,
be liberalized in terms of frequency,
and friends should and ample
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146
facilities should be provided for the inmates to remain in touch with life in the outside world. 6. The inmates shall not be given jobs that benefit only the institution or state.
The jobs for inmates should lead
to the development of skills that would enable them to play their roles in the development of the country,
e.g.
to support the food production. 7. The educational aspect of correctional treatment must be in accordance with the state philosophy.
This means that
the inmates must be guided to uphold the spirit of cooperation and tolerance,
that they should be given
education for spiritual enrichment and that opportunities
for observing religious obligations should
be amply provided. 8. Treat the inmates as human beings,
their dignity and
feelings as human being must be respected. 9.
The inmates shall suffer punishment only in the form
of
losing freedom. 10. The facilities of corrections that support the rehabilitative,
corrective and educative
function
in the
correctional system are provided and m a i n t a i n e d . :=
'-5Interview with Baharuddin Lopa, a Law Professor of the Hasanuddin University, Director General of Correctional Institution of the Department of Justice of Republic of Indonesia, January 16, 1995. This interview took place in his office, Jakarta, Indonesia, for two hours.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
147
Those ten principles,
according to the Mi ni st er of
Justice Regulation Nu m b e r M.
02-PK.04.10,
1990,
must be
followed by the following process or procedures of correctional. The first phase is called admission and orientation i.e.
collecting the identity and curriculum vitae of every
convict,
and the result will be used as a guidance
further treatment. security.
This
watche d out,
level of supervision is maximum
level provide s
and c ontinues until her sentence.
In this
for
tight security for the inmates
the convict has finished 1/3 of his or
Under this phase,
the inmate will be truly
physically and psycholog ica ll y by the guards or
officials because this phase determines his or her record that can reduce or add his or her period of sentence. The second phase
takes place when treatment process of
inmate has reached 1/2 of his or her period of sentence and the team of supervisors has stated that he or she has shown any progress
in his or her attitude and behavior,
will be placed in medium security.
the inmate
This phase enables the
inmates to work or exercise outside prison with the guidance and surveillance of the prison's guards. instance,
They can,
for
be a barber within the prison wall and get paid,
they can work in private sectors as well as public sectors, such as being a driver.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
148 The third phase
is when the treatment process of an
inmate has reached 1/2 to 2/3 of his or her period of sentence and according to the assessment of the team of supervisors
that he or she has made progress physically and
m e n t a l l y and has followed the vocational the inmate
training program,
is eligible to have the as si milation program into
the c o m m u n i t y
(outside the prison w a l l ) . This means that the
inmate can fulfill his or her religious services,
work,
learn at school and follow other activities together with the co m m u n i t y during day time, the p r i s o n at 6 P.M.
and he or she has to come to
In this phase the inmate is under
mi n i m u m security phase. The fourth phase which can be entered by an inmate when his or her period of sentence reaches two-third and his or her record when the team of supervisor can guarantee that he or she
is eligible
to return to the community,
can be pr op o s e d to get parole or pre-release this phase,
the inmate
treatment.
In
the treatment programs are carried out outside
the pr i s o n wall
(he or she may stay at his or her home under
s u p e r v i s i o n ) . Pre-release treatment can be enjoyed by inmates not more than six months earlier from his or her actual r e l e a s e . 16 The whole process and procedures of this
:6G. Suyanto, Seluk Beluk Pemasyarakacan, (J a k a r t a Indonesia: Proyek Penyuluhan Hukum, Badan Pembinaan Hukum Nasional De par tem en Kehakiman, R I , 1981), 14-15.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
149
issue
is available
in figure 1.
Beside those rights of the inmates mentioned second,
third and fourth phases above,
allowed to have correspondences.
Each
an
inmate
inmate
in the is also
is permitted to
write and receive two letters every months and cannot be more than three letters.
These correspondences have to be
under scrutiny of the guards and officials. have visitors
They also can
twice a week and the length of
is only one hour.
The
inmates,
entitled to have vacation.
furthermore,
time for each are also
Vacation can be given when an
inmate has very special occasion,
such as his or her family
is ill,
to attend wedd ing party of his or her members of
family.
An
inmate can also have vacation due
assimilation period. hours.
Remission
This
Indonesian
kind of vacation cannot exceed 48
is also the right of an
government always offers
inmate.
remission every August
Independence Day).
time period of sentence.
to his or her
Remission means
This
right
has. month
is guaranteed
to six months
remission.
sentences,
For six months
can have two months
remission.
Remission
they can have three months
inmate
they can have one
to one-year Two years
(The
to any
It depends on the period of time of the
For three
sentences,
17th
reduction of
inmates who have at least three months sentence. is various.
The
sentences,
they
to three years
remission.
Four to
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150
five years sentences,
they can have si x months remission.
Five years or more sentences, remi ssi on for each year. pe nal ty sentence,
they can have nine months
Especially those who have death
can enjoy remission after having pardon
from the president,
or their sentences have already been
changed to life long sentences. Parole
(Voo rwaardelijke
Inv ijh ei ds te li ng ) is the last
right that an inmate has as long as he or she satisfies the criteria.
To have parole,
each inmate is required to passed
two-t hir d of his or her time period of his or her sentence, and at least she or she has already passe d through 9 months of his or her prison time.
Another criteria is that the
inmate does not have any other criminal cases, must attain a letter of guarantee dec isi on of the court.
Finally,
and he or she
from family or police and
the inmate
is not objected
by his or her victim or any members of victim's
family.
To
implement the idea of correction in terms of reeducating and resocial izi ng the inmates, Corrections of
the Directorate General of
Indonesia undertakes various activities
with in the priso n walls as well as outside the wall. regard,
religious activities play a key role.
In this
Every inmate
is en cou rag ed to have religious services.
Most of these
activities are done by providing lectures
in the mosque,
church,
and temple within the prison walls.
The main purpose
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151
of this program is to educate and convince the inmates that they are not powerful because they are only the servants of God.
Consequently,
they are expected to believe that
whatever they do has to be under the blessing of God.
The
second activity is to provide general education for the inmates.
The inmates,
in this process,
at least how to read and write
are ex pec ted to know,
Indonesian language.
Vocational training for the inmates activity.
Under this program,
such as how to fix radios,
is another
the inmates are given skills,
watches,
and how to type.
These
activities must be held within the prison walls and only the inmates who are under min im um security phase can attend this program.
Inmates can also develop their skills
agricultural, sectors.
printing,
However,
shoes
industries,
in
and fisheries
these activities cannot be give n to
inmates who are over
50 years,
ill,
and who are just
finished their discipline punishments within the prison. Furthermore,
administrative works also cannot be given to
the inmates.
Moreover,
also provided.
picnic,
sport,
and art activities are
The purposes of these activities are to get
rid of boring feeling and to acquaint each oth e r among fellow inmates and guards.
In addition,
these activities are
aimed to develop togetherness attitude among inmates and guards,
so they can live together.
Especially in art
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152
activities,
inmates are trained to pl a y local music
instruments. Finally, program.
the inmates are entitled to enjoy assimilation
This program is offered to an y inmates who have
alrea dy p a ss e d two-third of their per io d of sentences and have go o d records.
Under this program,
allowed to work outside the university)
the inmates are
(similar to internship program at
the prison walls.
They are permitted to work
from 8 AM to 6 PM. The objective of this program is to readjust and resocialize the inmates with society, can adjust
so they
themselves with society whe n they get off.
program,
moreover,
inmates,
so they can find jobs when they get off later on.
R eg ard ing
is aimed to prepare
This
skills to the
the inmates' health, the institutional
corrections are required to provide health check to
the
inmates before
they live in prison. Each prison has
to have
medical clinic
and medical doctors. If the prison's
clinic
cannot handle the ill inmates,
the inmates can be sent to
any hospitals outside the prison.
If an inmate die,
institution has to report to his or her family. or family are not able to handle
it,
the
In case his
the institution is
o bl iga ted to bury him or her. Clothing, inmate
is another right that an inmate has.
Each
is entitle d to have one navy blue shirt and pants as
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153
soon as he or she gets
into the prison wall.
have new shirts and pants or sandals.
twice a year and a pair of shoes
Those cloths or shoes have to be returned to the
institutions when the
inmates are released.
is not required to provide mattresses For food, dinner
The
for the
the institution provides breakfast,
for each
food to all special
Inmates can
institution
inmates' lunch,
beds.
and
inmate with the same amount and quality of
inmates.
A sick
inmate
is entitled to have
food based on the recommendation of his or her
medical doctor.
This
issue will be explored more detail
in
the next chapter. The function, corrections, above,
purposes,
efforts of the
and lists of the inmates'
as Arswendo Atmodiloto,
too idealistic.
a former
institutional
rights elaborated inmate,
sees
it is
Therefore,
none of
them is realistic.
are only a list of dreams.
The key
problem is the
unwillingness of the state or government to educate inmates.
For the state,
nobody and reside
the
the
inmates are those who belong to
in the middle of
state does not have
"They
to handle them
nowhere.
Therefore,
the
seriously."'
'Interview with Arswendo Atmodiloto, a writer, a former inmate in Cipinang Prison for four years. He is the one who initiated to reopen the Cipinang Prison's library and pioneered the jobs for inmates when he was imprisoned. Unfortunately, the prison's library was closed as soon as he left. This interview took place on January sixth, 1995, in his office, Jakarta.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
15 4
Dealing with this
issue,
Baharuddin Lopa,
former of
Director General of the Directorate General of Corrections acknowledges constraints
that the
institutional corrections has some
to function
itself.
"We have officials problems
regarding quality and quantity,
community problems,
regarding the lack of participation,
offender problems
regarding their willingness and participation treatment programs,
and physical equipment problems. ":i
By focusing on human
resources,
and Pandapotan Simorangkir see institutional corrections
guards and officials
are 17,562
persons.
Petrus
They are
Irwan Pandjaitan
the dysfunctionality of the
in Indonesia
the quality of the officials. figure:
in the
is much determined by
They present for
the following
the entire of the country
included guide and counseling
staffs. There are 3,006 graduated only
from elementary
school,
junior high schools,
there are 3,009 graduated from
there are 10,019 graduated from high school, hold diploma program, figure clearly shows
and 425 have bachelor degree.
This
that the level of education of the
correctional officials cannot do much of the prison's
there are 1,113
to improve the quality
life. With this figure,
according to
Interview with Baharuddin Lopa, a Law Professor at The Hasanuddin University, Indonesia, Secretary General of Human Rights Commission of Indonesia, Director General of the Directorate General of Corrections of Justice Department of the Republic of Indonesia. This interview was held in his office, Jakarta, on January 7 of 1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
155
Pandjaitan and Simorangkir, institution,
prison is not an educational
but it becomes school of cr im e. 19 The
exploration of this issue will appear in Chapter 8 of this thesis. Until March of 1996,
Indonesia has 26,790 convicted
inmates and 12,332 detainees.
This figure is a subject of
doubt because there are so many crimes are u n rep or ted due to the unwillingness of the victims to report or file complaints.
This unwillin gn es s to report
least three main factors.
First,
is caused by at
it is shameful for many
Indonesian people to report certain crimes, harassment,
rape.
to forgive easily. crimes,
Second,
such as sexual
Indonesian people have a tendency
In this respect,
victims,
for certain
prefer to ignore and not to report them.
certain circumstances,
Under
Indonesian people prefer to settle
their legal as well social problems through traditional ways,
such as di sc u s s i n g or settling through the head of
family or informal leaders.
Third,
people are reluctant to
report crimes because they do not want to have another problems,
such as time consuming and being a witness.
this regard,
for ma ny Indonesian,
In
dealing wit h police or
courts are still taboo manner because they are af raid of
19Petrus Irwan Pa ndjaitan and Pandapatan Simorangkir, Lembaga Pemasyarakatan: Dalam Perspektif Sistem Peradilan Pidana, J a k a r t a - I n d o n e s i a : Pustaka Sinar Harapan, 1995), 67.
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156 b eing jud ged by society as law breakers.
Another
co ns id er ati on is that dealing wi t h police in Indonesia requires certa in procedures and bu re aucracies that cost not o n l y time,
but money.
Fourth,
crimes in Indonesia are not
known because the ability of the criminal
justice system,
including police and prosecutors are ve r y low to bring the criminal cases to the court.
This ina bility includes
personal ca pac it y and their attitudes
(corrupt) .20 This
issue will be explored in Chapter 8. Wi th the amount of convicted inmates and detainees me nt io ne d above,
the Indonesian prisons should not be
ove rc ro wd e d because
Indonesia has 13 5 prisons
c ou ntr y that can house 46,608 of 10 first-class prisons, prisons
for children.
Those prisons consist
127 second-class prisons,
and 8
The ranks of these prisons are
d et er mi ne d by their size facilities,
inmates.
throughout the
(how ma ny inmates they can h o u s e ) ,
and various of the inm ate s.21
3. The Law of Prison The
law that governs
the Indonesian prison system was
en act ed by the Dutch in 1917
(Gestichten Reglement
1917 stbl
20In te rv ie w with Andi Mattalatta, a Professor of Criminal Law of the Hasanuddin University, Indonesia and membe r of the Indonesian Parliament from 1988 to present. This interview took place on M ar ch 12, 1996. “ Pandja ita n and Simorangkir,
op.
cit.,
in note 19,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
68.
157
708).
This law consists of 114 provisions.
This law was
enacted as a compleme nta ry of the Criminal Law which was enacted in 1915 sentence. wall.
that provides regulation on imprisonment
This law rules the life of inmates within prison
It starts with classification of inmates,
the
authorized institutions that deal with prison life, acceptance and release of inmates' prison wall,
visiting,
health care,
and pro pe rt y of This
food,
clothing and lodging of inmates,
inmates.22
law clearly reflects the attitude of colonial
to its colony.
issues
than educational or correctional
provisions,
This
law provides much more security issues.
Among 114
there are only two provisions dealing with na me ly Article 65 offers education to inmates,
which has to be decided by the state education)
education
preserving security wi thin prison
powers
education;
orders within
jobs and awards of inmates,
and religious services, wall,
procedures,
(what kind of
and Article 66 deals with religious education.
By reading this
law,
it is an undeniable
fact that this
legal instrument was not aimed by the Dutch as a correctional
instrument,
but merely as a retribution
instrument because the emphasis of this legal much on security,
preserving the order,
instrument
and duties of the
22Regl eme nt Penjara, (Ja kar ta-Indonesia: Department Kehakiman Repub lik Indonesia, 1 Februari 1984).
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
158 inmates.
For security,
provisions
for instance,
(Article 67 to 78)
this law provides 12
and 16 provisions
for order
(Article 33 to 48). These provisions regulate that the inmates are not allowed to have cash and alcohol, inmates have to bathe at least once a day,
the
each inmate has
to answer any questions that are raised by officials p ol it el y and whoever refuses to answer, and the
has to be penalized,
inmates have to have short hair.
Especially Article
40 that gives full power to the officials to raise any questions to the inmates without giving any rights to the inmates
to have any says,
questions
the questions,
and punishing the inmates whoever clearly shows that the inmates are
merely object of the prison system. solely objects of this system,
Since the inmates are
the inmates will never be
able to find themselves as normal human beings. never be able to have initiatives, improve and educate themselves. control of the state
idea,
They will
and efforts to
Everything has to be under
(officials). Another main weakness of
this pro vision is that it offers more possibility to the officials
for abusing their power.
explained more detail
This
issue will be
in Chapter 8.
Article 44 is another aspect which can point that this law truly provides big power to the state
(officials). This
provides that all correspondences of the inmates
(sending or
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
159
receiving letters) officials.
must be a subject of scrutiny of the
In this respect,
goes to the inmates,
everything that comes from and
has to be controlled by the state.
This
reflects colonial era when everything had to be suspected. Therefore,
everything has to be watched out.
Unfortunately,
this law still prevails at present time in Indonesia.
M inister o f Justice
D irectorate General c f C orrections
D irectorate c f P riso n s'
Directorate o f Juvenile Institutions
S ecretariat o f the D irectorate G eneral
Directorate c f Detention House
D irectorate o f Probation
Directorate of State Treasury;
U n it c f T ech n ic al O perations
House o f Detention
Priscn
Prcoaticn ana Parole Office
State Treasury for Confiscated Goods
Figure 2
T he S tructure o f O rganization o f T he D irectorate general o f C orrections o f Indonesia
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CHAPTER CIPINANG
This
chapter
environment field
Cipinang
from
be
the
prison's
elite,
also
be
interaction
of
the
The
the
the
Dutch
Dutch form
was of
Cipinang prisons
regime.
was
The
punishment: Prison
was
from coerced
(Gewestelijke
accommodate
700
to
to
organization
food,
of
and
and
of
the
the l i fe
dynamic
inmates.
between
of
style
of
19 0 7
Cipinang
to
1916
Prison
by
changing
policy
labor
to
imprisonment.
of
the
be
Centralen)
2,700
blocks,
Layout
their
designed
barracks,
the
constructed
of
In t h i s
highlighted.
development
a consequence
my
1995.
circulation
be
cultural
I conducted
of
routines,
will
and
April
the
addition,
inmates
Prison
to
of
1«Physical Cipinang
where
structure
inmates In
physical
199 4
inmates,
explored. among
the
description
provided.
types
PRISON
Prison
December
a physical
will
prison,
will
the
research
chapter, cells
of
illuminates
7
one
in
of
the
t he the
central
Indonesia;
One
towards
by
able
main
to
features
160
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
161 of
the
central
25
inmates
could
surrounded wall
and
which 3).
by
and
not
Cipinang in
Prison, iron
door.
room
on
and
the
the
to
show
through
about meet are
by
can
prison.
through this
side
the
officers
of
identity
to
is meter
torentjes),
prison
(see
figure
electronic the
Moreover,
visiting Cipinang
phones.
considered
of
the
record
passing
your
of
up
the
to
the
main
door,
to
enter
In
write
to
be
this th e
Cipinang
with
you must
entrance
and
first-class
entrance
prison.
cards
a
in o r d e r
first main
be
old
stop
an in a
questioned room,
you
purpose
of
visit. Having
you
left
which
Prison
( wa c ht
that
Furthermore,
pass
After
towers
with
pay
rooms
four-and-one-half
equipped
inside
is
large
Cipinang
a
corner
cameras
prison
had
with
watch
not
provide
must
searched
have
is
it
a t im e.
every
Indonesia.
you
at
four
at
video
that
fences
activities
dees
prison
by
Prison
surveillance
Prison
double
located
Cipinang
is
occupy
guarded
are
scene
prison
forty or
the
second
meters
this big
toward
procedure,
an
iron
and
the
to
the
inmates.
responsible
for
informing
visitors
talk
completed
d o or ,
visiting Inmates those
officer you
will
must
room where
under
minimum
prisoners
when
escort
walk you
can
security there
a re
(tamping;.
Located
in
the
capital
of
Indonesia,
Jakarta,
Cipinang
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
162 Prison
rests
soccer
f ield,
(2, 4 3 7 , 5
on
111,364
two
visiting
room
rooms
m ) , a health
m ) , and
(162
Prison
has
a
(lingkur.gan,) detainees
decisions,
and to
it.
cell
Each
guard
entrance
in o r
get
out
Barrack block
has
I
Block
occupied
by
inmates.
Block
LO n e
and
B,
has
the
cells. with
D with
meter
(see
A with
twenty
twenty
(M2)
cells
through
C with cells
is
of
equal
to
(sel),
(penghunij
by
one
in
order
four
208
twenty has
cells
h as
small to
get
5).
twenty and
inmates,
barrack
inmates
figure
4).
barracks
several
consists
Block
Each
of
figure
courts
or w a t c h e d
passed
I)
Block
has
number
to b e
barrack
detainees.
square
block
(559
Cipinang
convicted
t he
officers.
m) , t wo
(see
main
972
f or
( 1,857
(98 m ) , r o a d s
four by
kitchen
auditorium
a mosque
has
controlled
(Lingkungan
twenty
inmates.
is
(1,000
m ) , an lots
waiting
a different
that of
and
occupied
still
guards
barrack
room
( 9,648
Prison
(blok), each has
storage
temple,
one
activities
(150 m ) . In a d d i t i o n ,
being
are
243
blocks
each
is
has
( 7, 2 00 m ) , a b i g
(72 m) , p a r k i n g
Cipinang
who
and
m), a
a
( M 2 ) . 1 It
administrative
library
and
meter
courts
m ) , parks
a church,
Currently,
several
for
(40
center
( 4, 6 6 5
4 69
badminton
m) , o f f i c e s
m ) , a meeting
square
137
blocks;
cells
ha s
408
inmates, cells
10.76
is
has
inmates.
square
each
166 Block
feet.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
C
163 and
D are
the
murderers
usually
well
do
are
called
not
have
bodies,
are
not
except
"Dayak,"
one
of
Barrack
are
693
A
cells
with
by
ha s
II
38
East
barrack
This
do
in
I total of
919,
the
of
inmates
prison,
and
they do
to
people
who
they
have
only
their
trouble
not
the
These
most
refers
the
want
makers
to
deal
abal-abal
isolated
ethnic jungle.
of
which
convicted
(Lingkungan
ten 62
cells
D has
cells
inmates. Timor are
Barrack
with
inmates.
Block
thirteen
with
blocks.
outside
are
because
are
and with
also
groups
number
208
are in
called
in
The
inmates
law
of
detainees.
this
barrack
six
blocks.
inmates.
Block
has
these
They
live
number
blocks
society;
They
most
still
total
Barrack
inmates.
within
the
inmates
the
in
themselves.2 These
who
Thus,
brutal
family
prison.
Indonesia, in
any
else.
within
t he
abal-abal."
roots
nothing
as
housed
have
"kaum
any
breakers anybody
known
38
comprised
inmates. C has
thirteen
with
is
inmates,
B l o c k A of
this
Block
sixteen
cells
with and
The
B has
cells
27
is
total
sixteen
with
inmates.
Block
barrack
activists.
of
F h as
43 Block
25
occupied
(Lingkungan
Atmowiloto,
III)
has
A b a 1 - A ba 1,
seven
mostly
inmates
blocks.
(Jakarta:
E
cells
of
t hi s
inmates.
I II
:A r s w e n d o 1 9 9 4 ) , 1-2.
36
Block
political
262
II)
Block A
Grafiti
Reproduced with permission o f the copyright owner. Further reproduction prohibited without permission.
164 has
six
cells
research so
does
period, Block
Block
E has
cells
with
three
cells
Indonesia detained has
the
t he F.
41
with
as
of
Finally, A
forty
cells
the
Block
D has
twelve
cells
two
95
of
with
barrack
of
Foreign
of
is
elite
known
because
IV)
G h as
barrack, of
all
in
center
convicted
are
church,
inmates
occupied III
two
has
collar
in
which
blocks.
considered
white
this
by
Block
3 also
also
particularly
health 26
is
Block
is
the
inmates
th e
Barrack
and
They
of
barrack
fellow
only
f i ve
Minister
to
it
ha s
barrack
because
employs
among
inmates
This
the
next
especially
48
number
Block
Indonesia.
located
(Lingkungan
this
barrack,
is
class
with
of
F has
( c o m m u n i s t s ) . This
well
inmates.
the
Forces
inmates,
In a d d i t i o n ,
this
It
ruling
IV
total
to
Air
prisoners
and
B.
next
the
empty,
inmates.
Block
former
IV,
inmates.
inmates.
are
20
the
in
80
with
inmates:
reside The
cells
that
and
criminals Block
cells
of my
c o ok s ,
cells 32
21
time
are
political
forty
with
two
the
of
the
Barrack
has
all
inmates.
mosque,
barrack
elite
only
political
and
At
B has
Chief
of
inmates.
Block
inmares,
and
Block
as
C.
eleven
thirteen
a total
temple, as
with
Barrack barrack is
inmates
is
located and
22
detainees. The
placement
block,
or
change
due
cell to
is
of very
three
an
inmate
dynamic
main
in o n e and
reasons.
is
particular often
Fi rs t,
barrack,
subject
to
it d e p e n d s
on
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
165 whether
the
depends
on
whether
those
and
inmates the
from
depends
on
or
those the
or
to the
the
officials
guards
leaders leaders
recommend
members
the
inmates
or
can
pay
or
ethnic was
life
provide of
journalists
Chinese
sentenced
state-owned
(Indonesia
National
the a
most
luxurious
ringleader
of
t he
the of
this
year
who
that
headed
1994
this
to
Bank
a
in and is
inmate
in C i p i n a n g
biggest
abuse
Edi
He
as
from of
for
those
or the
Tansil,
t he
Key Group,
prison
$430
bank
the
return
Golden
Prison.
guards
long
good
Pembangunan of
th e
instance,
20-year
Bank)
it
as
guards
for
the
and
fellow
respect,
rules
the
(1996),
out
their
persuade
Prison
it
cell,
Finally,
the
for
or
expel
corruption
things
country's
In
Second,
fellow members
something
good
b an k,
to
change
of
or
c e l l.
t h em .
receive
found
their
inmates
Development room
or
not.
block,
keep
in C i p i n a n g
September
defrauding
to
always
businessman in
dislike
block,
example
or
barrack,
or
favor
officials
o f f i c e r s . 3 In A p r i l Indonesian
of
can
(a c l e a r
the
officials
in
officials
accordingly
like
ability
to be
guards
of
barrack,
p o w e r ) . Therefore, who
behave
term
for
Indonesia million is
has
considered
scandal.
His
room
'I i n t e r v i e w e d t w e l v e c u r r e n t i n m a t e s a n d t e n f o r m e r i n m a t e s of C i p i n a n g P rison on this subject. Th ey all agree w i t h the fact that the g u a r d s and o f f i c i a l s of C i p i n a n g P rison are corrupt. I in te rv ie w ed the m separately with d i f f e r e n t t i me . T h e i n t e r v i e w o f t h i s s u b j e c t t o o k p l a c e b e t w e e n J a n u a r y a n d A p r i l 1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
is
20 m e t e r s
long
incarceration monitored
by
his
Edi
several
employees
a
in
are
Furthermore,
Edi
sometimes
like
Edi
Tansil
supposedly escaped
of
until
is
not
him
his
or
guards
and
officials.
towards
main
subjects
guards
Furnishied
and
of
old
persons
of
at
on
May
assistants.
Thes
by
4th,
P r i so n. time an
h is
of
this the
or
inmate
a Edy
Tansi th
placement
of
her material
certain issue
rewards will
image
of
next
chapter.
furniture,
Cipinang
be
Weekly
Indonesian
Magazine,
May
13,
to one
inmates
Prison
'’M u n a w a r C h a i i l , M i s t e r i " I s t a n a " E d i T a n s i l di C i p i n a n g , F o r u m K e a d i l a n , N o m o r 1, T a h u n V, 22 A p r i l 8 9*. :G a t r a ,
his
moment,
(the
in t h e
in
government
1996.
Until
particular
exploration
out
sum,
a hand wash
privileges.'5 The
to p r o v i d e
wood
and
Only
walked
air
and
any
prison.
his
is
cook
Cipinang
guests
y e t . 3 In
This
to
personal
the
room
television,
guards.
ability
officers)
with
carpet,
determined
and
the
her
thick
Tansil
several
greatly
has
have
prison
found
The
three
Edy
security
bribing
has
inmates
wealth the
high
after
government the
this
before
1995.
two
these
center
in
a big
leaves
enjoy
health
officers
can
even
can
to
and
Tansil
and
denied
It
employs
addition
inmates
as
Prison
guards.
also
room
always
used
refrigerator,
Tansil
clothes,
was
in C i p i n a n g
conditioning, phone.
and
1996,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
1996,
24.
167 looks
like
an
antique
maintained;
all
temple,
old.
are
cynically or
XV
utilities has
of
cells
The
only
block
(warung)
one
have has
where
and
customers drink.
to can
These
services. i pe mu k a ) under
the
allow
and
kitchen
can
the
buy
function
a
noodles
the
3arracks
of
t he
black
have
c as h,
market
as
the
center
of
the
facilities
to are
or
of
must order
only
tea
of
Dutch and
Cipinang
inmates,
most
In a d d i t i o n ,
and to
cigarettes. sell
by
or
and
t he be
for
least
delivery
must
is
the
does
provided an
be
Moreover,
with
prison
wall
to
leaders
shared
coupons
t he
coffee
leaders.
of
prison
t he
at
food
where
available
run
Blocks,
inmate
"supermarket,"
cafeteria
also
are
within
the
drinks,
eat
the
all
function;
blessing
Since
and
Cipinang
call
small
supermarkets
officers. to
or
or
mosque
kitchens.
food,
supermarkets
be
former
for
small
a dual
as
the
to n o t
period.6 Although
inmates
"supermarkets"
inmates
prison,
main
permission
income
guards
that
serves
order
most
from
the
a
Prison
because
own
appears
except
respect,
Cipinang
their
they
These of
this
what
"supermarket"
stuffs
the
still
It
facilities,
heritage
are
Prison
every
In
described
century
the
its
building.
n ot
by
t he
undeniable
’A n i n t e r v i e w w i t h a f o r m e r o f C i p i n a n g i n m a t e . T h i s i n t e r v i e w t o o k p l a c e in J a k a r t a o n F e b r u a r y 23, 1995. Arswendo
Atmowiloto,
Menghitung
Hari,
( Ja ka r ta :
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
168 view
of
every
In m a n y clothes. possess most the
this
within
inmates there
drinks, small
value not
is
a
is
have
small
five
times
problems.
their small
within
cleanliness the
cells,
political collar
Cipinang and
the
higher
criminals, fellow
cells.
Grafiti,
in
of
and
tub
Prison
the
and
white
this
inmates
Furthermore,
and t he
buy
block
Moslem
are
almost
also
and
vary
greatly
in
cleaner the
148.
9Ibid,
111.
has
b a th e . of
decorated
house
c r i m i n a l s . 9 White keep
can
afford or
their
more
to
ceils
clean
decorate
decorated
1994),146.
3I bid,
used
to
cell
terms
ceils
a
often
to
and more
can
cleaner
has
cells
every
s of t
inmates
also
water
they
of
can
keeping
regard,
most
inmates
barracks
collar
the
visiting
Each
likelihood
have
because
f or
The
to
the
chapels
In a d d i t i o n ,
decoration.
prisoners
by paying their
toilet,
leaders
with
in
especially
Those
object
Prison
the
noodles.
a day .
settle
Cells
where
purchased
Mattresses
o n e . 3 In a d d i t i o n ,
and
the
or
valuable
Cipinang
(mushollah), where
among
own
bartered
a mattress.
shop
sweets
be
the m o s t
within
fo r m e e t i n g s
its
can
respect,
do
chapel
life.
food
prison
snacks,
pray
prison
cases,
expensive
r oom,
can
In
day
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
the
169 cells, they
the
more
sense Some
inmates These
the
open
small
gardens
and
vegetables
and
breed
conceivably
as
they
or
t he
guards,
to
2. to
by
police
guilty
and must
inmates
incomes
because
n ot
disliked.
is
often
person
with be
a court
imprisoned.
be
i n co me ,
of
share
will
be
stopped
also
to
certain
fellow
With
to
have
incomes
this,
th e
their
inmates
inmates
is
an
activities
avoid
as
brought
boredom.
a Cipinang to
that
convicted
Cipinang
he
or
s he
person
by
to
Procedure
decision The
an
the
accepted
must
inmates.
fully enjoy
to
sharing
them.
fish.
incomes
refuse
as
the
and
the
earn
the
a means
Administrative
by
never
activities
be o f f i c i a l l y
a convicted
Prison
considered
Moreover,
being wall
activities
these
their
extortion
prison
In o r d e r
the
officers.
invitation the
also
If
distribute
practice
these
are
officers.
with
and
pursue
to
where
poultry out
officers
goods
yards
can
who
or
or
activities
guards
inmate,
money
these
and
within
provide
carried
income
who
can
are
the
share
from guards
activities
inmates
the
visits
of
the
incomes
have
plant
kinds
guards
inmates
cells
can
Although
frequent
is
h as
10I i n t e r v i e w e d t h r e e i n m a t e s w h o b r e e d p o u l t r y a n d f i s h in C i p i n a n g P r i s o n . T h i s i n t e r v i e w t o o k p l a c e on J a n u a r y 14, 1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
to
170 be
registered
by
Administrative convicted
take
his/her Having
convicted and
will
family
previous
must
figure
7).
office.
be
asked
background,
to be
these
will
leaders shave
be
and
his
Minister PR.07.03, Peniara Prison
cell
Justice
Education
five
Head
K e r j a ) , the
Division
the
the
Head
convicted
his
of religion,
person
procedures, or
her a
h is
Regulations
must
Head
the
barrack's
convicted cell
of
(see
Structure the
of
Indonesia,
Number
by
a director
( K ep a l a
Director of
(Kepala
Head Bidang
Division
Administrasi Security
of
Cl-
Cipinang
Administrative
of A d m i n i s t r a t i o n
of
level
occupation,
U s a h a ) , the
Division
Bidang
the
Organizational
led
of A c t i v i t y
(Kepala
T a t a - T e r t i b ) , and
the
is
Tata
Head
age,
entering
K a l a p a s ) . The
Bagian
office,
Finally,
Republic
1985,
as
Prisoners
N a r a p i d a n a ) , the Kegiatan
to
assistants:
(Kepala of
to
mates.
before
the
26,
abbreviated
Division
Order
of
Cipinang
weighed.
introduced
hair
the
administrative
according
February
has
the
The
Prison, of
this
address,
clothes
off
at
his/her
3. Cipinang
At
Moreover,
completed
block's
officer
conviction.
person
person
Cipinang
Division
person
education, and
the
of
t he
Pembinaan
(Kepala of
Bidang
Security
Keamanan
Forces
of
and
dan
the
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Prison
171 (Kepala
Kesatuan
Division
has
The work
Lembaga
of
the
Administrative
administers
promotion
of
guards
division,
as
does
the
and
the
guards,
officers
and
departure.
Moreover,
based
the
reports
this
is
the
point
most of
the
Head
of
he
prisoners. religious
is
In
come
The
this
division.
influential
of
and
by
The
this
their
this
division
any
inmates.
inmates
Thus,
Prisoners
training
of
the
of
religious
in
of
In
t he
of
must
Therefore, must
be
that
this
can
are
division
from
t he
inmate's
that
the
to w o r k
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of
Activity
inmates
relates
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t he
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donations
prison
is
the
in
and outside
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to
groups.
Division
responsibility in
In
non-governmental
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responsible
assistance
and
institutions
Prisoners the
division
mosques
is
prisoners.
provide
respect,
religious
in o r d e r deal
this
churches,
w o r k of
Anything
charge
respect,
as
from
Head
prisoners
inmate
records
with
handled
inmates
of
and
also
such
organizations.
prison.
of
and
be
Education
institutions
prisoners,
charge
the
education
addition,
prison
and
to
deals
vi ew .
The for
powerful
officers,
registration
of
Division
have
entrance on
P e m a s y a r a k a t a n J . Each
sub-divisions.
Head
that
Pengamanan
activity of
this
industry,
the
of
t he
division. an
division.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
172 The
Head
Division in
is
charge
barrack, day
for
of
guarding
block, three
so
guards
for
at
preserve
the
division. division
are
"tough All
will
of
with
security
the is
From
law
and
tune
are
on
duty
eight
hours
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and
why
t he
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of
opportunity one
of
inmates'
call
views,
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Prison
who
Anything
because
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certain
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inmates
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personnel a big
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Division
of
threat
security
this to
personnel
g u y s ." the
a significant prison
order
is
what
Security
prison.
(tigers)
works
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order
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Prison.
th e
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the
who
at
in
deal
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days
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macan
inmates.
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and
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at
reports th e
Therefore,
office
the
role.
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Director
keep
the
order
of
the
of
these of
the
Director does
not
of prison,
p r i s o n . 11 T h e
five
of
Director the
only but
Director's
divisions
he
of
prison
plays
administer is
also
superior
the
is
" A n i n t e r v i e w w i t h t w o i n m a t e s a n d o n e f o r m e r of i n m a t e o f C i p i n a n g P r i s o n . T h e i n t e r v i e w f o r t h o s e two c u r r e n t i n m a t e s t o o k p l a c e on F e b r u a r y 2, 1 9 9 5 in C i p i n a n g P r i s o n w h i l e t h e i n t e r v i e w f or t h e f o r m e r o f C i p i n a n g
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
173 the
Director
Corrections
of of
Wearing and
They
administered
by
the
Therefore,
government
official
of
Cipinang only in
Directorate
General
of
Prison's
$ 17 0 e v e r y
guard
month.
which in
school and
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Justice are
is
and
of
based
on
With
diploma
officer,
earns
is
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are Republic
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income
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of
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education
all
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Indonesia.
level
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Indonesian
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of
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khaki
security
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p r o g r a m ) , the an
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1995 two
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her
the
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riot
she
place
were
in A u g u s t
considered
February
17,
to
1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
174 have
failed
Province in
to
of
Irian
Indonesia.
was
replaced
due
to
the
perform
their duties.
Jaya,
In M a y again
escape
1996,
and of
one
some
an
The
first
criminals;
the
convictional detainees,
the
most
isolated
the
new
Head
of
officers
inmate,
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age,
is
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of
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background,
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of
degree
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their
due
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Law
1918.
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of
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currency,
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political
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of
and
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ethnic
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Prison
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4. Cipinang
Ramlan
for harassment, robbery,
property,
abusing
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
175 power,
e t c . 12
Similar criminals
to
the
(inmates)
conventional
criminals,
also
terms
background,
religions,
inmates
those
are
motivated on
the
offense,
can
demonology Muslim
be of
"extreme
violent
have
the
On
are
those
government,
but
do
above,
as
Indonesian labels
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acceptable
political outside doctrine God,
a
used
ideas,
to
the
actors,
and
"national
consensus"
of
Pancasiia
which
i2S a n u s i 1994 ), 14.
and
civilized
Has,
defined
humanity,
groups and
to
by
national
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The
mentioned
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belief
Penology,
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communists.
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t he
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of
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behavior
In
belonging
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as
based
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activists
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arena
of
Political
charged
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consists
belong
integration
have
end
political
student
main
stigmatized
other
and
Moreover,
Order
ethnic
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1963.
left,"
not
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of
three
age,
political
occupation.
nonviolent,
New
been
of
or
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"extreme
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right."
spectrum,
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education,
Anti-Subversion
inmates
final
who
vary
the
limits the
considered state
a Supreme
unity,
(Jakarta:
Rasanta,
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
176 democracy,
and
Inmates those the
who
are
categorized
oppose
the
current
the
were on
killed
in
been
the
comparable
to
the
national
political
lif e.
Parliament,
or
to
for
represent
government
their
interests
their
and
of
an
target
given out
Muslim
of
were
communists,
kept
and
Islamic
militants
interests
policies
using
anti
prosecuted,
sometimes
are
political
second main
against,
and
Islamic
Islamic
by
their
proponents
Although
charges,
of
are
party
In
symbols
as
right"
Indonesia
militants
a political
or
of
"extreme
Suspected
and
to
the
communists,
discriminated
flimsy
governmental
as
officials
numbers
sentences.
responsive
by
the
government.
nonetheless
subverted
After
as
regime
slogans
I s l a m ) , have
Order
seemingly
jail
and
defined
(negara
New
never
faith
movements.
militants, state
j u s t i c e . 13
who
Islamic
regime
social
they
arrested
lengthy of demands
for
in
programs
values,
were
expression
of
routinely
d e n i e d . 14
addition,
the
political
Islam
has
been
13 R. W i l l i a m L i d d l e , T h e I s l a m i c T u r n In I n d o n e s i a n P o l i t i c s : A S t a t e - C e n t e r e d E x p l a n a t i o n , P r e s e n t e d at the C o n f e r e n c e o n I s l a m a n d S o c i e t y in S o u t h e a s t As ia , J a k a r t a , I n d o n e s i a , M a y 1995, p a g e 1. T h i s C o n f e r e n c e w a s s p o n s o r e d b y t h e I n d o n e s i a n I n s t i t u t e o f S c i e n c e s (LIPI), S y a r i f H i d a y a t u l l a h I n s t i t u t e f o r I s l a m i c S t u d i e s (IAIN), a n d A m e r i c a n - I n d o n e s i a n E x c h a n g e F o u n d a t i o n (AMINEF) 14Ibid,
2.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
177 definitely
curtailed.
Initially,
Persatuan
Pembangunan
to
but
exist,
and
only
leadership
communist
parliamentary Islamic 1984,
(Development
under
by
communist
election,
ballot
similar
system
the
in
political
parties
(national
ideology)
their
and
pressure
was
to
non-Muslims.
no
non-Muslims
It
of
by
them
against Garuda banks in and
the
"sole
of
state
period
of
the
the as
authorities
justification
Brobodur
that
in of
and
these
t he
for
by
to
to
jet,
port
of
i ts
were
not
Some
In
membership
t o da y ,
though
mid-1980s,
right,"
a
and
vigilance hijacking
of
of
Chinese-owned J ava,
Islamic
thousands
soldiers.
s t a r.
were
the
Tanjung
its
tunggal),
central
by
1977
(asas
that
local
the
Pancasila
"extreme
in
ncn-
make
the
bombings
on
drop
party
included
protest
incidents
to
continuing
cult-like
Jakarta
a mosque
open
1970s
monument
between
the
to
organizational
After
to o p e n
occurred
These
Airlines
authorities,
defacing
rejoined
t he
regions
Moslems
an
the
International and
PPP
far.
violence
forced
Partai permitted
imposed
foundation"
to
is
a non-religious
so
of
those
required
officially
Islamic militancy.
several
class
by
of
joined
incidents
attributed used
is
was
were
applied
controlled to
have
Throughout number
then
P PP
party,
Party)
governments.
favor
all
Islamic
Unity
extremely
conditions
parties
the
clashes groups
of
working
Priok
against
Muslim
leaders
representative
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
of
the
178 Islamic
community
government
was
appearance
of
of
1 99 0 s ,
and
of
during
Even has
a pure
though
changed
the
been
imprisoned
have
been
released.
The prison
second
is
the
government's in
the
Indonesian
the
1945-1949
the
of
by
current
President
six
an
Islamic
society
Order
t he
create
the
in
the
beginning
occurred militant
where of
in
this
the
who
Islamic
the
government's activists
political
of
sought law w o u l d
movement
to
its
between Party.
the
This
leaders.
New
Indonesian conflict and
Order
1,
generals. Major
The
General
I n d o n e s i a ) , in c o m m a n d
in
1965
of
rooted
army
began
grew
them
Cipinang
historically
in O c t o b e r
army
of
in
The
policy
and
during
intensity with
the
murders
were
Suharto strategic
,
ibid,
died
movements
Seme
prisoner
is
revolution
peak
senior
those
(c o m m u n i s t s ).
communism
power
of
Islamic
prisoners.
political
left"
communist of
violence
proponents
independence
planned
.
as
Communist
reaching
assassination
15 _
and
New
hostility
the
to
that
f i g ht .
"extreme
f or
of
Islamic
category
struggle
thereafter,
led by
dramatically,
have
charged
u n r e s t . 15 M o r e o v e r ,
soldiers
physical
Others
provocateurs
incident
Lampung
Many
the
agent
Islamic
demanded
prevail.
a whole.
using
another
Province
as
o.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
(the
179 troops
in
Jakarta,
the
capital
was
soon
and
supporters
Cipinang
or
movements.
vulnerable The
to
Even
to
the
next
students
and
regime.
East
democracy,
in
oppose
of
political
undermining
action
the
against
insulting
those remain
demonstration cleaning
up
the
government a part
been
of
prisoners
what
is
f or
those
terror. defined
by
activists
Suharto from
East
plan
to
Indonesia. for
his
nuclear demands
Timor
and
and
activists
policy Some
for
to
of
fourteen
these years,
in p r i s o n . are
destroying
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of
government,
rights.
h as
government,
v a r y,
imprisoned
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of
the
in
politicians,
student
President
human
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and
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prisoners
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Timor
These
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and
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The
thousands
released
1996,
environment,
who
country. of
and
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communist-influenced
targeting
to
those
of
category
Their
protest,
were
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demonstrations
especially
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for
and
quickly
charged the
government,
with
country and
the from
i n sid e,
destroying
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
state
180 property.
From
prisoners
are
provocation, government. five
politics the
and The
that
distrust
government's
involved
in
government
groups
F ir st ,
t he
government
sabotage, military
and
national
with by
disintegrating
regionalism
and
economy
relates
subversion that
sabotage The "extreme methods
and is
Indonesian
in s e c u r i t y
create
deals
by
associated
any
any
to d i s l i k e in
bad
about
of
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corruption.
with
to
inciting
Third,
cultural
into
subversion
legitimacy
ethnicity.
smuggling
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refers
people
Second,
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ideology the
the
F o u rt h,
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heritage.
terror,
in
activity
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or
a c t i v i t y . *° government left" of
communism; and
to
in
nationalism
in s c c i a l - c u l t u r e
undermines
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promoting
against
subversion
ideology.
undermining
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government,
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power
subversion
undermines
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view,
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activity and
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workers;
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identifies
follows:
former
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Soviet
establishes
therefore,
whereby
the
activity
Union
and
military
villages
issues
f o r m of
are
of m i n i m u m
subversion
that China
power the
by
copies to
w ag e,
the
the
spread
using
center
of
farmers
of
social
security-
1-3 N a n i e k S u p a r n i , T i n d a k P i d a n a S u b v e r s i S u a t u T i n j a u a n Yuridis, ( J a k a r t a : S i n a r G r a f i k a , 1 991), 2 3 - 2 4
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
181 welfare
of
the workers,
consistent emphasize
themes th e
infiltrates sabotaging The
of
gulf
the
of
between
religious
doctrines priests
and
educates
and
intolerant
laden
of
government,
or
people
rumcrs,
compensation
activities
which
and
or
p oo r ,
and m i litar y
subversion
to
using
rich
and
a re
provoke
and
that
institution
by
programs.
according
by
t he
reform,
movements;
government
their
form
land
to
to
to
be
other
such
as
is
provoke
informal
the
"extreme
any
activity
people
Christians
that
or
uses
the
leaders;
in o n e
religions;
that
against
religious
fanatic
right,"
government
that
particular spreads
Chinese
teaches religion
dangerously
people
k il l
Moslems. Finally, subversion or
according
of
standpcints
groups
that
glorify
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absolute;
that
students,
to
officials
and
certain
government,
extreme
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the
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knowledge
legitimacy
to
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always the
roles
campaign
government
demonstrate policy;
of
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the
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intellectuals through
streets often
the
of a c t io n , of
in
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media
against
people, against
times
organizations
form
activities,
and pro v o k e t he
the
especially government
collaborate
(Lembaga
th e
Swadaya
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
with
182 Masyarakat)
in d e f i a n c e
of
the
g o v e r n m e n t . 17
5 Leadership The Prison the
leaders
are
Prison, and
elected
officers,
Division.
leader
of
occupy
those
because
of
certain
things.
h is
prisoners
while
prisoners. positions
the
prison
system
officers
1_I bid,
Director
limit
of
required.
are
who
basically
(for
by
an
are
are
not
they do
respect,
or
being
reporting
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are
park
(pemuka
The
the
inmates
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formal
of
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mostly
like
the
informal
possession
not
their
leaders
as
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interested
opportunity
Security
such
fellow
be m o s t l y
leaders
prisoners
entails
activity.
knowledge,
informal
this
cleaning
respected
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are
by
Cipinang
those
cells,
tend
and
formal
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are
approved
recognized:
positions,
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Within
formal
block,
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Prison
certain
the
In
and must
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because
officers.
the
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formal
Political
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deal
leader
to d e a l
formal with within
more
often
j o b s ) . In a d d i t i o n ,
27.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
183 political because
prisoners
they
still
organization that
their
prisoners The on
of
criteria the
to
be
of
(amount
but
degree
the
prison.
The
committed elected. will
more
In
greater
opportunity
other
types
a murderer other
of is
tough
thought the
this
more
the
clever
translates
more
her
to
into
"tough
more he
or
that
he
or or
a
leader eyes
guys"
who
can
she
is
person
a
of
In
has
considered having
the
material
or has
she to
be
outside
always
h as
prison
them
committed
ability
a
than
prisoners, against
addition,
be.
prison
within
criminal
to
size,
outside
leader
protect
based
physical
she
within
guards.
someone
or
f ee l
not
his
he
usually
the
crime
crime
be
In
security
or
prisoner
a murderer
being
nor
or
learned.'3
is
committed
he
to
to
have
has)
th e
the
chance
be
serves
chances of
them
(pem uk a)
she
leadership They
they
she
harsh
record
or
and
he
and
criminals.
guys
that
the
leader
past
positions
people.
brought
candidate
crime
respect,
a
of
as
severe
prison.
group
elected the
leadership
their
from which
of
his
from
lessons
criminal
determine
formal
that
of m o n e y
outside, The
trauma
particular
time
possession on
seek
experiences
good
length
not
feel
one
past are
do
it
is
outside,
This to
lead
^ I n t e r v i e w with three political prisoners. This i n t e r v i e w t o o k p l a c e o n F e b r u a r y 19, 1 9 9 5 i n s i d e t h e m o s q u e of C i p i n a n g Prison. T h e s e t hre e p o l i t i c a l p r i s o n e r s share the same thoughts.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
184 others."
Since
criminal
records,
education.
the
Some
In o r d e r
extensive
records
magic"
black
kill
people
him
or
Fellow since
Under role
outside
them
' ' I n t e r v i ew w i t h
to
do
five
inmates
In
life.
protect
think
that
outside
addition,
inside
The idea
even
people.
There
plays
or
can
criminals
enemies
secure.
they
possess
t h e y w an t.
hurt
other
people.
irrationality
they
magic
because
insecure
fee l
can
of
have
whatever
from
serious
they
prison,
black
and
this
permanent
on
low
leaders
since
(criminals
threats
is b a s e d
a very
t he
the
them
ordinary
conditions,
making
that
a very or
have
image
such
leader
illiterate.
In a d d i t i o n ,
be
is
leaders
power,
leaders
were
cannot
f ri e nd s ,
these m
leaders
a
their
empowers
the
being
even
truly believe
prison
permanent
crime
from o u t s i d e
they m
of
instantly.
their
living
are
th e
which
inmates
prison,
them
of
the
keep
magic,
her
of
to m a i n t a i n
always
With
most
of
prisoners
"black
criteria
are
no
prison.
a significant
or n o t i o n
o n J a n u a r y 22,
of
1995,
in.
C i p i n a n g P r i s o n . T h e s e f i v e i n m a t e s l i v e i.n 3 a r r a c k s I, II, a n d I7. T h e y h a v e a l r e a d y b e e n i m p r i s o n e d for m o r e t h a n t h r e e y e a r s d u e to f a l s i f y i n g d o c u m e n t s , r o b b e r y , and, torture. T hey share sim i l a r views that they e l e c t e d their l e a d e r s b e c a u s e t h e y a r e m u r d e r s , so t h a t t h e y a r e t o u g h g u y and s m a r t . " I n t e r v i e w w i t h three of inma tes wh o b e l i e v e that their barrack leader h a s b l a c k m a g i c b e c a u s e he w a s a b l e to kill and escape fromp o l i c e m a n y times. This i n t e r v i e w took place
in
Cipinang
Prison,
January
19,
1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
185 "black m a g i c " escape
most was
from
although
uncertain
person
before
he
got
as
leader
of
barrack
the
fellow
inmates
killed
many
times.
Slamet
black
Prison
believe
security Gundul
magic,
he
followers
will
obey
Gundul
able
to
he
is
can
having
that
he
have
be
why
police
many
he
that
that
allows
that
how
to
the
ability
for
his
ability
to
ability
intelligently
escape
the
catch
practice
shooting
his
the
he
does
of
of
a
with
his
police him.
out
The
surveillance,
police
Thus, was
not
did
he at
nor
many
have his
easily,
he
expects
of
h is the
only
from not
did
have
not
k no w
they
have
explains
t ha t
all
so
officers.
that
police
he
Slamet
the
friends
simply
his
that
remission
pointed
formally
no t
followers
eyes
He
police
administration,
properly.
from
the
way ,
escape
to
from
this
Gundul
t he
because
In
the
was
that
fear.
in t e r m s
were
acknowledges
so
in
to
he
live,
from
times
as
to
control
Slamet
soon
image
record
way
Prison.
the
and
rewarded
as
although
order
record
Cipinang
escaped
of
a
police,
black magic
out
to
and
He
has
admits
able
skills
he and
was
the
into
inmate.
easiest
several
him
Moreover,
reason
of
forces
good
a good
will
sentence.
a murderer
the
feeling.
wanted
a Cipinang
By
unsecured
Gundul,
became
that
or
is
Slamet
elected
any
irrational,
because
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
he
186 had
black
m a g i c . 21
Similar inmates
to
also
Slamet
believe
experience
with
privileged
inmate
even the
though image
he
remain
afraid
magic,
he
inmates;
he
in
he of
does
has
Gundul.
does
that
Gundul,
him.
can
is
because
have
to
protect
be
He
a
wants
the
whom
the
respected
he
inmates
that
he
cautious
with
his
only
having
be
replaced
and
th a t
maintains
image
by
the
same
acknowledges
b l a c k magic,
so
himself
the
considered
he
having
a murderer, shares
Prison.
practice
By
De,
magic,
De
Cipinang
does
not
black Pak
not
Pak
to
has
black
fellow
black
m a g i c .22 A
leader
finishes
his
of
sentence
serves
the
may
replaced
to
be the
nave those
prisoners
interest if
of he
administration.
been
replaced
leaders
were
or
the
inmates
fellow reports
the
feel
inmates. bad
in
officers
cooperative
with
when
that
F or
things
Furthermore,
because not
will
leader
no
longer
he
example,
about
some
che
his
cases,
considered the
a
leader
followers leaders t ha t
administration.
" A n i n t e r v i e w w i t h S l a m e t Gundul, the l e a d e r of a b a r r a c k , w h o w a s t h e m o s t w a n t e d p e r s o n b e f o r e h e g o t in to C i p i n a n g P r i s o n . T h i s i n t e r v i e w w a s h e l d in C i p i n a n g P r i so n , F e b r u a r y 13, 1995. ' ' I n t e r v i e w w i t h P a k De, t h e m o s t p o p u l a r c r i m i n a l in t h e b e g i n n i n g o f 1 9 9 0 s b e c a u s e he k i l l e d a m o d e l , w h o w a s b e l i e v e d to h a d a l o v e a f f a i r w i t h o n e g e n e r a l . T h i s i n t e r v i e w w a s h e l d in C i p i n a n g P r i s o n , J a n u a r y 14, 1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
187 In
this
regard,
cooperation
important
because
the
using
leaders
of
the
leaders a
of
source
other
the
of
goods
inmates
officers.
they
will
write
leader
of
inmates
officers of
the
with
or
or
goods
her
the
the
that
the
officers
leaders
can
provide
of
inmates
followers
by
promising
to
the
the
officers
relationship
officers
do
not
have
canhave m o n e y or
often them
o f f i c e r s . ' 3 In
good
sum,
relationship while
only to
by
the
leaders
to m a i n t a i n
good
inmates
with
The
and
the
very
Cooperation
reports
have
fully
is
the
to
the
directly
leader deal
inmates.
the
the
officers.
of
A
leader,
one
han d,
on
the
terms
of
security
other
fellow prison
role
interests
know,
from
the
their
good
their
The
Basically, mediate
from
followers
maintain
inmates.
that
officers
control
means
to
that
his
also
in
the
the
inmates.
income
money
with
officers the
take
the
with
and
inmates one
day,
of h is
leader
the will
to
to
not
harm
other
that them hand;
prisoners
and
play
reassure
feeling
the
of
followers
in o r d e r how
on
a
the
this
is
to
interests h as
to
his
followers
in
the
officers
and
role,
of
they
a leader
will has
and leave
to
knew
“' I n t e r v i e w w i t h a f o r m e r o f C i p i n a n g P r i s o n . I d i d t h i s i n t e r v i e w in h i s o f f i c e , J a k a r t a , J a n u a r y 19, 1995. He w a s a i n f o r m a l l e a d e r in C i p i n a n g P r i s o n a n d s e r v e d f or f o u r a n d a h a l f y e a r s . He a d m i t s t h a t he o f t e n p r o v i d e d m o n e y to t h e o f f i c e r s a n d h e g ot t h e m o n e y f r o m h i s f e l l o w i n m a t e s .
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
188 how
to
please
material
goods.
undoubtedly In cf
order
take
takes the
Without
to
and
place
the
blocks in
of
leaders'
meetings
th e
celebration
in
such
evaluated
his
be or
by
the
providing
ability,
are
a
them with
leader
the
will
a great and
or
her
occasion.
By
t hi s,
followers. official
inmates
be to
called
In s u c h
affirmative,
who
answer
that
leader
In
the
to
questions
prisoners
Y ear.
leader or
for
means
followers
more
from t he
must
visit is the
going
say
from ranking
prison, to
only
a
represent
government
answers
be
or. o n e
a high
the
to
to
credits
of g r e e t i n g
Day,
a credit
struggles
get
who
for
inmates
will
to
the
Participating
members
discuss
circumstances, is
New
her
come
t he
Independence
or
case
would
as
who
meeting,
t ime,
evaluation
members his
the
on
In a d d i t i o n ,
opportunity
every
meetings
preparation
such and
In
often
the
good
Therefore,
the
and
The
leaders
It d e p e n d s
present.
Christmas
officers
and
meeting.
discuss
prison,
meetings.
the
occasions,
is
the
block.
also
to
of
and
involved,
h is
must
official.
this
regular
calls
are
Moslems,
pleased,
government meeting
or
certain
include
her
of
order
barrack
occur
occasion
particular
terms
the
have
prison
remission.
formally
will
of
for
an
towards
any
leaders
officers
Fitr
in
having
preserve
initiative
informal
Idul
officers
fail.
barracks
can
the
must
be
good
things
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189
about
life in prison. The
leadership of prisoners within Cipinang
a hierarchy. highest
Every question must be answered "yes."
Leaders of barracks
rank.
(pemuka lingkungan)
especially the Administrative of
Security and Order Division. be responsible
A leader cf a barrack must also
for the entire of population of his of her
The next
rank is the leader of a block
b l o k ) . Leaders of blocks must be responsible inmates who live in his or her block. report
are the
A leader of a barrack must be responsible to
the guards and officers,
barrack.
Prison has
to the leader of the barrack.
(pemuka
for all the
Leaders of blocks must Decisions
and policies
of biock leaders must be approved by the leader of the barrack.
In certain cases,
more than ten inmates of cells
especially large cells
each,
that house
they have what they call
(pemuka s e l j . Leaders of cells must
leader
report to the
leader of the block regarding his or her fellow cell inmates.
The next
rank is leaders of parks
To be a leader of a park, administration. certain
(pemuka t a m a n ) .
it really depends on the
A leader of a park is responsible
fellow inmates who are in his group.
for
Their duty is
to clean the park inside and outside the prison wail. Therefore, of the
this position is highly competitive because most
inmates
prison wall
seek this position.
They can be outside the
for certain period of times.
Finally,
key holder
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190
(juru kunci)
is the lowest rank.
opening and closing cell,
Key holder is in charge of
block,
and barrack doors.
holders deals directly with and is responsible
The
key
for reporting
to the leader of the barrack. Even though the key holder is the lowest position within the hierarchy, pleasing the
he or she plays a big role in terms of
fellow inmates because inmates usually approach
him or her to open the cell, during the night time. to open
block,
and even barrack doors
The key holders usually cannot
refuse
the doors as long as the leader of the barrack
commands him or her.
In this
respect,
key holders must
de finitely maintain a good relationship with the leader of the barrack. not have
Additionally,
although the informal leaders do
formal positions within the hierarchy of
leadership,
they,
play big a role. the scene
especially the white collar criminals, The inmates
refer them as the men behind
(pemain di belakang layar)
because the informal
leaders most of the time support them financially. leaders
(white collar
activity those
formal
criminals)
can decide what kind
leaders should do. In addition,
involvement of informal leaders
from them.
By
white collar criminals
the
the officers get
being involved in any activity,
the
assume that they will get a good
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
the
of
(white collar criminals)
activities pleases the officers because rewards
Thus,
in
191
record that may reduce their sentences, willing
so often they are
to cooperate or to pay any price that they have to
in order to have chance to be recorded.
6. Routine Life in Cipinang Prison is very regulated.
The bell
rings at
6:00AM to open the cells and rings again at 5:00?M
to close
the cells.
At 4:30PM the inmates are asked to have
a bath and prepare themselves to be inside their cells at 6:00PM.
At the time,
the officers always announce the same
phrase through a loudspeaker polite,
from time to time:
"you are
we respect you." When this phrase comes out
loudspeaker,
the inmates automatically
from the
know that they must
be ready to be locked again in their cells. Between their own. 12:00PM
6:00 to 7:00AM,
The kitchen opens at 7:00AM,
for lunch,
their breakfast, Cipinang The
the inmates can exercise on for breakfast,
and 4:30PM for dinner.
The inmates have
lunch and dinner in their cells because
Prison does not provide a special
room for eating.
inmates who are in charge of getting the food will come
to the
kitchen during the time
for food distribution.
These
inmates
represent their blocks and are chosen by their block
leaders
(see figure 7 and 8). At 8:00AM,
services begin for Christian
inmates.
morning religious
When they come to
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
church for an hour and again at 2:00PM for noon services. For Moslem inmates,
they come to mosque at
Dhuhur and 3:45PM for
the Azar prayers.
especially during the
fasting time
mosque
Christian
(Ramadhan)
can come to
Co m p a r e d to Moslem
inmates are served better because after
the religious services,
the inmates have the opportunity to
see priests who are also psychiatrists.
The
inmates can tel
them their personal problems within the prison,
or their
family problems outside the prison.
These priests
provided by the N G O 's and Churches,
so that
independent
economically.
institutions.
they are
They often help the inmates
Moslem inmates do not have any
representatives with whom to share their
religious
feelings.
religious groups or institutions come to visit bring certain goods,
Moreover,
are
in terms of being influenced or controlled by
the correctional
never have
the
The Mo sle m inmates,
from 7:00 to 10:00PM for prayer.
inmates,
12:00PM for
such as clothes,
Some
them and
but the Moslem inmate
the op po rtunity to talk to them personally. these groups or institutions do not have permanen
programs and agendas, institutions
as do the Christian and Catholic
(see figure
Starting at 7:30AM, inside prison must be
10 and 11). the inmates who attend school
in class until 9:00AM.
students who attended class when I was
there
The number of from December
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
193
1994 to April 1995, the inmates,
was only
17. The school is organized by
not by the prison institution.
The main teacher
is an inmate who was a high school teacher before he entered Cipinang
Prison.
for murd eri ng his The visiting
He is sentenced to life-long imprisonment first wife
prisoners
Mondays and Wednesdays are
for political prisoners,
have Tuesdays and Thursdays.
both political and criminal prisoners. are considered non-working days. inmates visitors
12 and 13).
room is open from 10:30AM to 11:30AM and
3:00 to 4:00PM every day. visiting times
(see figure
come to the visiting
while criminal Fridays belongs
to
Saturday and Sunday
During visiting time,
the
room to see and chat with their
(see figure 14).
Another routine that Cipinang flag ceremony every Monday morning. Indonesian
flag is raised,
and the
Prison has
is the
In the ceremony, inmates
raising the
read the national
ideology and sing the national anthem.
It can be amusing
when the leaders of barracks or blocks
take attendance.
of the leaders cannot read,
Seme
so that they have to work quite
hard to memorize the names of all their members because they have to report attendance to the officers.
They hold the
list provided by the admini str ati on and start calling names not based on the list.
T he y simply scream and start calling
names as they remember them or have memorized them.
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194 Some inmates play soccer and badminton. play music.
Some of them
These activities are carried out by the inmates'
own initiatives because basically the institution does not have any systematic and permanent programs. and activities
of the
Every day life
inmates will be el aborated more detail
in the next chapter. Cleaning is another routine activity of the inmates. They have to clean the offices of the officers, parks,
and their own barracks,
respect,
the barracks,
when the
inmates
the next day.
The
"sidak," which
blocks,
blocks,
the gardens,
and cells.
In this
and cells will be very clean
find out that the officers will check them inmates call this
"sudden
inspection"
or
is abbreviated from "inspeksi mendadak." The
security guards usually leak the information of the "sudden inspection" rewards cell
to the inmates because the security guards get
from the administration if the barrack,
that they guard are clean, Working
However, sector.
block,
and
and so do the inmates.
in the prison industry,
is another activity.
only very few selected inmates can work in this Only inmates who have already served two-third their
sentences can obtain this
job.
to work from 7:30 to 11:30AM,
Even though the inmates have they basically do not have
anything to do because the prison industry does not provide any works
to do.
The inmates simply come
to a room for
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
195
chatting. Finally,
the inmates of Cipinang Prison also have
farewell parties
for their fellow inmates who get released,
by celebrating during the night with music.
6.
Food
The main food of Cipinang
Prison is steamed rice and
plain water for breakfast, lunch, does not provide
coffee or tea.
and dinner.
The foods
The prison
are cooked inside
the prison by the inmates who are in charge of cooking. cooks have special cells inmates
next to the kitchen,
who are in charge of
cakes.
inmates
by using a scale.
as do the
cleaning after each meal.
Another main menu items are dried fish, soybean
The
tofu,
eggs,
and
The officers divide the food equally to the The officers will call the
representative of each block to take their food and bring it to their blocks or cells
(see figure 16 and 17).
In certain occasions,
such as celebrating the birth of
prophet Muhammad
(Maulid), or celebrating
prophet Muhammad
met God
Cipinang
Prison have extra
the day when the
(Isra1 Mi'radj), the inmates of food which is brought by the
sponsors of these occasions.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
136
Figure 3 Tower and garden
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 4 Mosque, Temple, Church
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
138
Figure 5 Barrack f ll
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 6 Awaiting to be registered
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 7 Scaling and scooping food
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 8 Inmates are carrying food
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 9 Moslem inmates are inside the mosque
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 10 Getting off from mosque and church
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
Figure 11 An inmate is teaching his fellows
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
205
Figure 12 An inmate is cutting a guard’s hair
Reproduced with permission o, the copyrlght owner. Further
^
206
Figure 13 Inmates and their visitors
Reproduced with permission o f the copyright owner. Further reproduction prohibited without permission.
207
Figure 14 Inmates are chatting and relaxing
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
20 3
Tofu
Figure 15 and dried fish are their main menu
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209
Mon
Tues
Wed
Thu
Fri
Sat
Sun
I|
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Stream Rice
^d
Steam Soybean Lake
C um ' Soybean Lake
Steam jSojmean
Steam Soybean Lake
Cum'
Soybean Lake
Steam Soybean Lake
Water
Water
Water
Water
W ater
Water
Water
Breakfast Steam Rice
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Steam Rice
Curry Beet
Kf,d
Boiled
Eiw
Curry Beet
Scramble
Paed
Paed
Vest. Sodp
Vee. Soap
Salad
C h ill v bauce
Salad
Veu. SoQp
Salad
Banana
Green Bean Water
Water
Banana
Water
£ khi
W ater
3anana
Green Bean Water
Water
Steam Rice
Steam Rice
Steam Rice
PPsf,d
RSfd
Dried bisn
Water
Lunch .
Steam Rice
Steam Rice
Steam Rice
Steam Rice
&£?'
Biff1 Bis1
Veu Soilp
Veu. SoQp
Salad
Veu. SoJp
Salad
Veu. Soap
Salad
Com
C om
Com
Com
Com
Com
Com
W ater
W ater
Water
Water
W ater
Water
Water
Dinner Figures 16 Cipinang daily menu
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...
CHAPTER 8 THE UNHEARD VOICE BEHIND THE WALLS
This explore
is the central chapter of this thesis and will
the outcome of my field research.
three main parts.
First,
Cipinang Prison's
inmates
Glance)
it addresses
It consists cf
the appearance of the
in every day life
(Inmates At a
by describing how the inmates socialize and interact
with each other, prison society.
their behavior within the prison life and In other words,
the behavior of the inmates
within the physical environment of the prison walls will be the main subject of exploration of this part.
Second,
I will
focus my attention on the criminal prisoners
(The Forgotten
Fellow Citizens),
feelings,
thoughts, inmates,
their voices,
and perceptions guards,
world in general.
police,
about judges,
expressed themselves. Third,
similar methods, prisoners
themselves,
other
prosecutors,
Through in-depth personal
fifteen open-ended questions,
this part.
aspirations,
fellow
life,
and the
interviews using
the criminal prisoners
The outcome of this will appear
by asking the same questions
in
and using
my second focus of study is political
*The Unforgiven Fellow Citizens' . Their
210
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211
aspirations, fairness,
feelings,
the world,
thoughts,
politics,
complaints
other
about life,
fellow inmates,
and
themselves are the main subjects of exploration in this part.
1. At a glance, peaceful.
Guards
Inmates at a Glance
life within Cipinang
Prison looks very
and other officials walk around without
carrying guns or clubs.
The inmates are not shackled.
relations between the inmates and guards inmates
themselves
because both
the mosque, within
the inmates and guards
church,
a quiet
hear loud voices the
kitchen.
always
greet each other
They even bow in respect
to each ether.
both the inmates and guards pray together at
the wails.
preserve
and among the
seem to be friendly and harmonious
politely and smile. In addition,
The
or temple.
We rarely hear loud voices
It seems that e v e ry bo dy is trying to tranquillity.
The only time and place we
is when it is time
In addition,
for food distribution
in
we also sometime hear the silence
broken when the guards are shouting at inmates who are trying to trespass a certain p r oh ib it ed areas within the prison.
In short,
each person tries
to respect the others by
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not talking loudly.
Mostly because in Indonesian culture,
talking loud or raising voices life within the prison
is insulting.1 In addition,
is very tense,
so inmates and guards
are very sensitive about ev er yth ing .2 Unfortunately,
these peaceful and harmonious
are artificial because
relations
the real relationships among the
inmates and with the guards are actually conflictuai. discovered
later that they all suspect,
dislike,
I
and
distrust each other.
They basically live in an environment
of anxiety,
and fear.
tension,
perceive their fellow criminal
The political prisoners inmates as destroyers of
society while the latter see the former as the
illusionists
who did not do anything to improve the quality of life of the people.
Moreover,
the political
in the eyes of the criminal
inmates are the elite who think only of
themselves and never care about groups of inmates officials;
inmates,
the rest.
However,
these two
share the same view about the guards and
they are seen as power abusers and corrupted
"Mattulaaa, Corak Ragam Kebudayaan Indo ne sia , A Paper presented in the Indonesian Culture Seminar,(Ujung Pandang, Indonesia: Hasanuddin University, April 15, 1984).17 “Arswendo Atmowiloto, Me ng hi tu ng H a r i : Hikmah Kebijaksanaan Dalam Rumah Tahanan/Lembaga Pemasyarakatan, (Jakarta, Indonesia: Grafiti, Percetakan PT Temorint, 1994), 23.
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officials.
In the eyes of guards and officials,
both
political and criminal inmates are law breakers and the enemies of the state.
That is why they need to be
incarcerated to fix their attitude. the
They assert:
"We uphold
law and they break the law."3 Moreover,
this conflictual
relationship
is strengthened
by the fact that the custodians have a legitimate authority to incarcerate the inmates as securely as possible on the one hand,
and the captives are obligated by law to
relinquish
freedom on
the
other hand.
In this respect,
Article 40
(2) of the
Law
of the Prison,
which stipulates
"any order
that the guards give,
to obey them. punishment," words,
If not
the inmates are obligated
(3), the inmates will be
is truly
in
favor of the
an individual or a group of individuals
as posse ss in g a right those who receive
given extra guards. In other is recognized
to issue commands or regulations,
these commands and regulations,
compelled to obey by a sense of duty.
and
feel
This conflictual
relationship between the inmates and the guards of the Cipinang
Prison is also
found in the American prison.
Sykes
through his study on the social system of the New Jersey
3An in t e r v ie w with a high rank official of the Cipinang Prison, January 13, 1995.
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214
State Maximum Security found the same environment. concludes
Sykes
that it seems clear that the custodians are bound
to their captives
in a relationship of conflict
rather than
compelled acq ui es ce nc e. 4 The conflictual relationship between the inmates and guards was also studied by Finkelstein in England and Wales. this conflictual
Finkelstein
found that
relationship is triggered by the fact that
the guards have more power than the inmates,
leading to a
subordinate position of the inmates. A result of the unequal power distribution is the presence of demarcating lines of authority. these who exercise because
it.
Inmates are especially vulnerable
they do not have the same opportunity as other
people to voice grievances them.
Power corrupts
They do not
when power is exercised against
know how much power is available
officers or whether officers
to prison
use the appropriate processes
in the exercise of their power.
Consequently,
many members
of the staff believe that their discretion to grant or withhold privileges
from prisoners
is integral to the
4Gresham M.Sykes, The Society of C a p t i v e s : A Study of a Maximum Security Prison, (New Jersey: Princeton university Press, 1987), 46
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215
ma in ten anc e of control Besides
in pr i s o n . 5
the unequal power that
leads to conflictual
relationships between the inmates and guards within the wall,
I also suspect that most prison guards,
who were born
and raised around the area where
the prison
that the
local environment by
inmates destroyed their
co mmitting crimes.
In this regard,
those guards
the inmates who mostly come from outside, area,
is located,
feel
feel that
far away from the
are outsiders who penetrated or invaded the guard's
territory.
With this understanding,
whatever
they do to the inmates,
preserve
their own hometown.
themselves
is simply an effort to
The guards,
in short,
portray
as the heroes of their hometown.
For the new inmates, face in prison's
the first d if fi cu lt y that they
life is the l a n g u a g e ( a r g o t ). The inmates,
e sp ec ia ll y criminal using what
the guards believe that
inmates,
interact with each other by
is called prison language
(bahasa b u i ) . This
language cannot be found outside the prison because most of the vocabu la ry holds symbolic meaning. who have wo rked in Cipinang Prison admini st ra ti ve staff acknowledge
Tyne:
Two of the officials
for fourteen years as
that up to the present,
'Ellis Finkelstein, An Inside View, A t h e n a e u m Press Ltd, 1993), 176
(Newcastle Upon
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216
they still cannot understand the inmates'
language because
they do not interact directly with the inmates .5 In this respect,
Cardozo-Freeman,
who did a linguistic study of the
culture of Washington State Penitentiary at Walla Walla, points out that prison forget.
This
kind of language was created to define an
alternative social The
language is hard to learn and hard to
inmates
reality.'
in Cipinang Prison,
their fellow inmates who always their
fellow inmates
n y a n y i ) . The
for instance,
call
leak information or report
to the guards
"singers"
(tukang
inmates will ask their fellow inmates who were
interrogated or questioned by officials or guards security and order of the prison,
"what
regarding
kind of song did
they sing to you?"
(lagu apa yang dinyanyikan lagi?; .
Instead of saying,
"what did the guards ask you,"
inmates use the word
"song"
to replace the word "question."
To threaten their fellow inmates or describe violence,
the inmates
say,
the
the use of
"I have a brick on my hand"
(Saya
5I n t e r v i e w with two administrative staffs of C i p i n a n g Prison regarding the inmates' language. This interview took place on February 14, 1996 in C i p i n a n g Prison.
Inez Cardozo-Freeman, In A . _Ma xi mu m
Charles C.
Security
Thomas,
The Joint: L a n g u a g e A n d Cul t u r e Prison, (Springfield, Illinois:
1984).579
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217
punya b a t a - n g e b a t a ) . Instead of saying "I will hit you," inmates choose the word "brick" inmates.
To say "I am hungry,"
tank is broken"
called "deer presents"
small.
inmates would say "my gas
(usually money or food)
(hadian
kijang)
referring to the size
the inmates call it an "egg gift"
t e l u r ) because the size or value of the gift Inmates
refer to money
(cash)
as
"source"
practice e x t o r t i o n ) . To describe inmates will
matanari). (tikus). not
The
This
just one
inmates
(or
sadomasochistic activity,
say "playing the sun"
(bermain dengan
inmates who sneak around,
are called "rats"
term also refers to someone who has betrayed inmate or several,
but who also has betrayed
in general by denying the cohesion of prisoners as a
dominant
value when confronting the world of officialdom.
the argot of the inmates,
"gorilla"
someone who takes what he wants inmates who had big criminal called
is
(mentah),
as do the guards who ask for cash from the inmates
the
are
If the visitors bring only small gifts or presents
which cannot be shared, (hadiah
the
(tangki saya m i r i n g ) . Large gifts or
presents brought by visitors
of deer.
to threaten their fellow
"generals"
is used to describe
from others by force.
records outside of prison
(jenderal). To eat,
the inmates
say
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The are
In
218
"nyadong" exist
instead of "makan." The word "nyadong"
in the
Indonesian vocabulary because the
language recognizes only "makan” for eating. (jangkrik)
not have any muscles In her study,
(or powers)
term "good swimmer" "bad swimmer" prison life.
within the prison.
Cardozo-Freeman found similar phenomena
Penitentiary at Walla Walla.
the Washington State Inmates
in this prison use the
for inmates who can adapt easily and
for those who cannot adjust themselves with Words such as "dogs,"
(from "Star Wars")
used by guards This
"pigs,” "rats,"
"robots,"
are commonly used to categorize
guards wh om they really dislike.
of value,
"Cricket"
fellow inmates or inmates who do
in a m a x i m u m security prison,
dislike.
Indonesian
is a name for a young inmate who does not
socialize much with other
"silon"
does not
Similar language
is also
to categorize the inmates whom they really language
honor,
is not only a tool,
but also a source
and pride for its u se rs .3
Related to the argot of inmates,
Sykes also
found the
same ph enomena
in his study on the Maximum Security Prison
of New Jersey.
Sykes
found that the language
that the
inmates use within the wall play an important role in
3Inez Cardozo-Freeman,
Op.
Cit.
in note 6, xxi and 579
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219
des cr ib ing and un derstanding the life of inmates of the prison.
Language is an effective tool of communication and
cons p i ra cy between inmate and themselves and between and guardians.
The argot,
according to Sykes,
serves as an
ex pr es si on of group loyalty and group membership. imprisoned offender,
it is held,
inmates
The
indicates his allegiance
to
the inmate population by using the special v o c a b u l a r y . 3 In addition,
words
ordina ry usage, disapproval, controls
in the prison argot,
no less
than words
in
carry a penumbra of admiration and
of attitude and belief,
which channels and
the behavior of the individual who uses them or to
whom they are applied.*c Fleisher's prison at Lompoc, phenomenon.
California,
Fleisher
study on the federal
also found the same
found that the inmates use a different
language than what people use outside the prison walls. study shows vocabularies
that the inmates within prison use uncommon that are not easy to understand unless one is
part of the prison community.*1
9G r e sh am M. Sykes, 10Ibid,
His
Op.
Cit.
in note 3,
85
86
"S. Fleisher, War eh ou si ng Violence: Frontier of An th ro po l o g y , ( N e wb u ry Park-London-New Delhi: Mark S Publications, The International Professional Publishers, Frontiers of Anthropology, Volume 3, 1987), 157
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220
I believe depicts
that the i n m a t e s 1s argot within the prison
not only prison culture,
but also describes
per son ali ty characteristics of the inmates. terms
that they use also describe
a device
functions
some people believe to maintain secrecy,
for keeping the law-abiding in ignorance.
this assumption to be questionable because the meanin g of the words and use them. main purpose of the
inmates'
outside
self-identity, bodies.
It is an effort
just
the guards
I believe
know
that the is to
They use the argot to
themselves as having different
the wall.
I found
usage of special argot
dist ing uis h themselves from outsiders. cha racterize
the
to communicate and
Furthermore,
that the argot of the inmates
Moreover,
the complexity of life and
the creative ability of the inmates conspire among themselves.
the
lives
from
to build and establish a
like inmates who have tattoos on their
They need to be recognized as a very special member
of one particular community, this regard,
prison argot
cultural genesis
namely the prison community.
functions as the heart of the
of a subgroup which was developed against
the backgro und of dominant culture, particular, addition,
namely guards
and life outside the wall
in general.
in In
it is also my conviction that since life within
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In
221
prison
is tense and the inmates are very sensitive,
inmates prefer to use very special vocabularies something.
Using indirect
language,
the
to describe
fellow inmates or
guardians avoid getting hurt easily.
Moreover,
the inmates'
use of animal names to represent a meaning or to describe particular persons
is an expression of the inmates'
hatred
of these persons because the inmates value them only as animals.
It is very unfortunate that neither the
guards/officials nor the
inmates were able to provide clear
answers on this subject when I asked why they are using the prison argot.
They simply said that they use the argot
because everybody uses
it.
The argot had already been there
before they arrived. The next prominent
feature within the Cipinang
is the classification of the inmates.
Prison
We find that some
groups of inmates are always at the corner of buildings or at the park. fellow
They seem not to assimilate with the other
inmates.
Wearing dirty cloths,
these groups of
inmates do not talk much and seem unwilling to communicate with other fellow inmates. area within the prison. prisoners who are always
They always occupy a particular
These groups of inmates are in and out of prison.
They are
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222
often refused by their family members outside the prison and disowned,
and not cared for.
They are called "Abai-abal,"
which refers to someone who does not belong to anybody, "Dayak," live
or
an isolated ethnic group of Indonesian people who
in the middle of the jungle.
If they had a choice,
they
would prefer to stay in the prison because they have nowhere to go outside
the p ri s o n . 12 13 These groups of inmates
lack
self-confi de nce and are very pessimistic about everything. There are always Al th ou gh
seven inmates at the most
they never make trouble within the prison,
not easy to handle. events,
in each group.
occasions,
They are reluctant and programs.
to participate
somewhere else.
one of the Abai-abal
in any
Their bodies may be present
in one particular place and certain time, are always
they are
On February
but their minds
12,
inmates to contact his
1995,
I helped
family because
he de sp era tel y needed to talk to his mother or his sister. He had not heard anything from his
family for almost two
“ Hamid Awaludin, A b a 1 - A b a 1 , S y m b o l K e g a g a l a n L e m b a g a P e m a s y a r a k a t a n , (Jakarta, Indonesia: Kompas, an Indonesian Daily Newspaper,
September
16,
1996),
13
~21 i d a k Be.nar A d a A b a 1 - Ab a 1, an official statement of the Min ister of Justice of Indonesia, Oetoyo Oesman, on denial of my finding about A b a 1-A b a 1 in C i p i n a n g Prison, (Jakarta, Indonesia: Kompas, a Daily Newspaper of Indonesia, September 19, 1996), 13.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
years even though his
family still
lives
in Jakarta.
wanted to apologize and make a confession done. his
for what he had
He had been charged for an attempt of murder.
family but the person who answered the phone
that his
family does not
The person refused to tell me the inmate's address because they were asked to I found a new address
His sister told me not who had already been
in the house. family's new A month
family and called them.
them regarding her brother
in prison for almost
three years,
"He
but not a n y m o r e . "14 She insisted
I do not tell her brother the new address.
his mother
told me
keep it secret.
for his
to bother
was a member of our family, that
I called
live there anymore and identified
herself and her family as the new occupants
later,
He
refused to talk to me because
Furthermore,
I called her on the
behalf of her son. These Abal-abai education.
Some of them are even illiterate.
their level of
They admit chat
knowledge about criminal activities
in prison because inmates.
types usually do not have good
they got their
knowledge
increased
from their
fellow
These people prefer to stay in prison because
prison provides certain meals
three times a day;
life in
l4A telephone conversation with a sister of one of the Abai-abal inmate, on March 13, 1995.
Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.
prison is better than life on the st re et. 15 Other fellow inmates
refer to these people as people who were born only
to wake up,
eat and sleep,
nothing else.
denied by the Minister of Justice,
This
finding was
Oetoyo Oesman and the
Secretary of Directorate General of Correction, of Justice of Republic of Indonesia,
Department
H a s a n u d d i n .i6
Anot he r surface view we see in Cipinang
Prison is that
some inmates actively move around from one crowd to another and from one block to another.
These people really like to
talk while being surrounded by their fellow inmates and are usually very articulate.
I found out later that these people
are usually student and non-governmental organizations' activists who were imprisoned based on the Anti-Subversion Act
for acting against the government or insulzing the
president.
These inmates have all been trained to speak well
in front of the public. This group of inmates always talk behind the guards and officials.
It seems that they like showing off to their
15This finding was published in KOMPAS, the most prominent daily newspaper in Indonesia, Monday, September 16, 1996, 13. ‘'Menken: Tidak Banar Ada "Abai-abal" di LP, (Jakarta, Indonesia: Kompas, a Daily Newspaper, Thursday, September 1996), 13
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225 fellow inmates that they dislike and are not afraid of the guards or inmates.
They are very confident and even
sometimes argue dem onstratively against the guards of their fellow inmates. such as lectures
in front
When they attend formal occasions,
from the officials or guest
never listen to the speakers seriously. the middle of the ceremony.
speakers,
they
They even talk in
They are usually between 23 to
35 years old. While
the student and NGO activists
surrounded by their Timor activists, prisoners,
fellow inmates,
like to be
the communists
and East
who were also charged as political
behave d i f f e r e n t l y . These groups of political
inmates prefer to be alone,
and it is very rare to find them
in a group walking or chatting. suspiciously at other people.
They always
look
They behave that way,
according to two of the inmates of these groups,
because
"we
have to always avoid others because we are the unforgiven inmates,
so we do not want to give trouble to others.
may come to us just guards, them.
for socializing,
we are the unforgiven
We and they will
but
inmates,
They
in the eyes of the
and inaoctrinize
face tro uble."1. However,
when
I had
*'Interview with one communist inmate and one East Timor inmate. This interview took place inside the mosgue of
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226
a chance to come to their cells,
they were very talkative.
They can talk for hours and hours. groups,
Similar to the these
the white collar criminals also prefer to be alone.
It is very rare to see them in a group.
The only time that
we can see them in a group is when they are mosque or church. want their
The reason is very simple.
inside the They do not
to be threatened physically and psychologically by fellow inmates,
especially those who practice
e x t o r t i o n .^ The next prominent group of inmates within the walls are murderers.
These inmates
by some other inmates they go.
are almost always accompanied
whenever they walk around and wherever
They seem to be unable to be by themselves,
they are always afraid that some people follow and come after them. vulnerable. outside
In this way,
(inmates)
and
always
they are just
The reason is that since they murdered people
the wall,
they fear that another person will come to
murd er them inside the prison.
Cip in an g Prison,
January 17,
These
inmates believe
in the
1995
^ I n t e r v i e w with one white collar criminal who was charged for life sentencing for drugs. This interv iew was held inside the mosque of Cip ina ng Prison, January 16, 1995
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227
principle of worse time
"blood for blood and life for l i f e . ”19 The
for these
inmates
is at night because they always
think that the family of the victims will come to retaliate during the night when the addition,
inmates are falling sleep.
In
they also believe that the ghost of the victim
will come during the ni g h t . 20 Moreover,
these inmates are
very generous
They share whatever
to their
fellow inmates.
they have and they are also not reluctant to give help to anybody who needs prison because
it.
They just like to be heroes within the
they are afraid of making enemies.
We also can easily witness inmates discussing superstition all the time. prison.
This is an every day theme within
Inmates believe that whenever they dream that they
have met the president, Seeing crocodiles
they will be released very soon.
in their dreams means they will have
problems dealing with
the guards or the administration
■9I interviewed four inmates who committed murder outside the prison. I did the interviews on January 19, 21, 22, and 24, 1995. Three of the interviews took place inside the mosque while another one took place at the church area. i0I interviewed five of inmates (not murderers) on this subject. They always heard the story of the ghost of the victims from the murdere r inmates. This interview took place on January 13, 14, 1996, in Cipinang Prison. All the interviews took place within the ceils of those inmates. Three of these inmates were murderers' cell mates.
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228 pretty soon.
Having had teeth broken or pulled out in their
dreams means one of their members of family will die soon. Seeing butterflies
flying in their cells means good visitors
will come to visit them the next morning.
Dreaming soldiers
are marchin g means
the inmates as a whole will be imposed
unbearable burdens
from the guards
dream also can be applied to their wall.
Having unceaseable rain
lose its elite or leader. means
or administration.
This
families outside the
for days means
the nation will
To dream about a snake or a rat
someone will betray you or hit you from behind and
that you had better be careful of your surroundings. holidays
in vcur dream,
such as Idul
celebration after the fasting time)
Fitr
Having
(a religious
for Moslem inmates or
Christmas means
you will have good news,
such as someone
coming to visit
you bringing money or new cloths.
Seeing a
person who has only one eye or a crippled person means bad luck is coming to you.
You had better pray to God or donate
some of your personal belongings as charity to your fellow inmates,
so the bad luck can be avoided.
grows within prison, (structure)
I believe,
because
Such superstition the order or rule
of the prison is very changeable or uncertain,
so the inmates always
feel uncertain and insecure.
Under
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229
these
kinds of circumstances,
superstition becomes an
effective vehicle to escape from the insecure
feeling and
the uncertainty of the order.
This
more detail
especially regarding the views
in the next part,
of the inmates toward the prison's
issue will be explored in
order.
The next view that we can see easily within Cipinang Prison is a group of people who most of the time wear sarung (a traditional skirt that can be worn by both males and females
in I n d o n e s i a ) . This group of inmates
are the mosque
activists who are charged by the institution to take care of or arrange the mosque activities. mosque most of the time, These
They spend time
especially during prayer
inmates can be both political and criminal
The political
inmates,
time. inmates.
especially those who were charged as
Islamic fundamentalists, activists.
in the
are most
likely to be mosque
It is a kind of unwritten consensus among the
inmates. Within Cipinang who always
Prison,
we also easily see some inmates
isolate themselves
were given death sentences.
from the crowd.
These inmates
They do not like to be
accompanied by their fellow inmates.
Furthermore,
they like
spacing out and they do not talk easily to their fellow
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inmates.
They do not involve themselves deeply in any
subject of conversation. present
In other words,
their bodies may be
in any particular place and in certain time,
their minds are just not there. inmates said "it is useless
The reason is,
but
as one of the
to talk and to be with anyone.
We are dead already long time ago.
Just imagine,
we count
every minute to when the guards comes to knock our cell doors
in the middle of the night to tell us to pray for the
last time before they take us to the execution court. Counting every minute within job.
To tell you the truth,
10 or 15 years are exhausting they still
they took our souls a long time ago. move,
keep our bodies,
but
Our eye balls may still
but they do not have any light there anymore."21 Since
they feel useless,
there is no reason for them to be happy
and socialize.
They feel that while waiting for the
execution day,
they have experienced the pain and the death
already. twice.
In this connection,
Johnson,
in this
they feel they are being killed
respect,
found the same view on his
study that focused on the character of life on death row, where the condemned prisoners legal appeals.
await the outcome of their
He found a group of people who feel that
" H a m i d Awaludin, Penelitian Masalah Hukuman M a t i , Kompas, A Daily Indonesian Newspaper, May 26, 1995,4
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they
were dead before the execution. and lack spirit; anymore.
their souls are not with their bodies
Moreover,
prisoners
They lived in high anxiety
Johnson found that the condemned
are no longer subjected to the indignity and pain
of physical
torture.
isolation until
The condemned are held captive
they have depleted their
they are killed with much dispatch. ps ychological therefore,
torture.
This
Since any torture
in
legal appeals,
then
is a real is unjust,
the death penalty is rejected as an unjust
punishment. Finally,
gambling or betting is part of prison
life.
These activities are never done openly because they are illegal.
The
or cells,
hiding
cigarettes, chips.
inmates gamble at the corner of prison building from the guards.
or noodles.
In addition,
They can use money,
They play with dominos or poker
the best way to socialize or to open and
m ai nt ai n co mm u n ic at i on with other fellow within Cipina ng considered
inmates or guards
Prison is to offer cigarettes which are
is very valuable.
Betting is also a main feature
and activi ty within Cipinang wall.
The inmates,
especially
22Robert Johnson, Death W o r k , A study of the Modern Execution Process, (California: Brooks/Ccle Publishing Company, Pacific G r o v e , 1995)
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232 the criminal
inmates,
bet mostly on sports,
particularly
soccer and badminton games.
2 .The Forgotten Fellow This
part answers
Citizens
fifteen questions
that
I asked the same questions
I asked
to the
criminal
inmates.
However,
the way I asked those questions was different
one inmate to another. about
his
his every
I asked inmate A,
family background, day activity,
but for
and so on.
to each inmate.
for instance,
inmate B I first
I based this
from first asked
on the mood
of the inmates or the environment where I conducted my interview.
In this
respect,
some of the answers of those
inmates will be shown by using direct quotations represent
their fellow inmates'
any footnotes
views,
to
so I will not make
to those direct quotations.
1. Safety This question explores they feel secure or insecure prison environment.
whether
in their every day lives
in the
This question is very important to ask
for two main reasons. environment
the feelings of inmates;
First,
the inmates live in a new
(the prison environment),
which is totally
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23
different world.
from their original environment,
In this respect,
the new env ironment the inmates prison,
namely the free
the examination of whether or not
(prison)
is necessary.
creates different
Second,
in the eyes of the law,
feelings
for
the occupants of the
are law breakers and
therefore pose at least a potential
threat to breaking the
prison rules and a threat to their fellow inmates since they had a record of breaking the law outside. each
inmate can be a threat to the others.
circumstance,
it is very significant
In this
respect,
Under this
issue to examine
whether or not lawbreakers can get along with each other within the same environment. Posed this question, answered that they inmates
feel that
69 out of 80 inmates
feel insecure
in prison
life.
the smaller ones.
Life in prison,
they
life within the prison
is like life within the sea where the bigger
have any rules;
These
in order to survive within prison,
must be cautious all the time because
eats
(87%)
fish always
in short,
every body can rule his life.
does not
On issue,
one
inmate commented: I always feel insecure here, even though I have been here for five years and will be here for another ten years. Life here is abnormal because every body distrusts each other and is sensitive about every thing. You can get hurt easily and without knowing who
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234 hurts you. It seems that every body can be a target and victim, at the same time, every body can be a hit man. Similarly,
another inmate said:
Being in prison is like a hell war. You never know who is the enemy and who is the friend. This afternoon he is your friend and tonight he is going to be your biggest enemy. Anytime you can get kicked on your ass. The reason is simple. Everybody lives within the same environment where freedom is absent. That is why people down here fight each other in order to get freedom. No trust, no respect and no nothing. Life here has low trust and high vigilance, very uncertain and discomfort. Danger always reside in your mind and circumscribes your actions and governs your awareness. The key word to survive here is to watch out. Every body deserves to be suspected. Different inmates
(13%)
from the above views or feelings,
answered that they do not have insecure
feelings within the walls. prison is,
of course,
necessarily insecure.
Without
For this group,
life within
uncomfortable but it is not For them,
lot of effort to adjust; inmates.
eleven
these,
being in prison
it requires sacrifice life in prison is hell.
requires a from the One
inmate
Whether we have good or bad lives down here, it truly depends on the way how we carry ourselves. If you pe rf or m yourselves arrogantly, then ever yb od y will be your enemy. Every body will be a threat to you. Just be polite to anybody, regardless their ages, education and religion. Do not involve yourselves in any business that does not affect your life. Just be yourself, but do not be anti social within the prison. Anoth er
inmate point ed out:
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235
Hell or not, your life here is only a matter of how you deal with your fellow inmates. The key principle of life here is one hundred friends are far than enough, but one enemy is more than enough. Do not socialize too much with one particular person or group, but do not isolate yourself either. If you socialize too much, you open yourself up to be penetrated by one particular person or group, then another person or group may hate you. Then you ruin yourself. Just try to be in the middle, keeping distance from anybody and do not involve yourself in any other business. You are required to know how to pretend not to know anything here. And the most important thing, do not talk a lot. Departing
from the above data
feelings of inmates, general,
insecure
it is clear to me that the inmates,
do not adjust to prison life.
not their home, friends.
that favors
in
The prison is still
and their fellow inmates are not their
The key issue here is the absence of acquaintance.
I believe
there are three
conclusion.
First,
factors
that
lead to this
the absence of activity within the prison
does not create opportunity for the inmates and help each other in any particular way.
to know,
support
As a result,
an
important vehicle to have good relations and to being accountant
to one another is absent here.
issue will be explored more in detail
This particular
in the next question
(a cti vi ty ). Second,
the inmates come
from various different
ethnic backgrounds.
Each ethnic group has
its own standards
of conduct or behavior in a public setting.
In addition,
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236
each ethnic group has its own language.
For instance,
Javanese people consider it very impolite to cross
legs
while sitting on a chair while Batak or Buginese do not. is taboo
for Javanese people to touch a person's
head,
It
while
Ambonese consider touching head as a symbol of friendship or a close
relationship.
This assumption will be sustained with
data in the next question, ethnicity.
Finally,
which deals particularly with
guards make a big and direct
contribution to the incohesiveness of the inmates. Strategically,
fragmentation of inmates prevents mass
against the institution. guards,
Therefore,
keeping the inmates
each other, Moreover,
allows
in the mind of the
in fragile and distrustful
of
the guards to control them easily.
the guards can make the inmates depend on them in
terms of guaranteeing their safety. clearer with data three
riots
factors,
This
in the next question
I believe,
issue will be
(guardians).
These
are the key factors which explain
why the inmates are not able to adjust themselves within the prison environment.
2. Activity The main purpose of this question is to explore the
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inmates'
activity in every day life within the prison.
A c t i v i t y here refers to activities which are planned by the institut io n to provide
knowledge and skills to the inmates,
so when they get out of from prison, something can also
to market
those inmates have
in the free world.
Furthermore,
activity
refer to something that the inmates do within
pri so n to produce money.
This question
is very important
in
order to understand if the inmates have something to do in their routine to get rid of bored om and to prepare themselves released.
to face the real world out there when they get This
question is also important to ask because
is my belief that the ability of the inmates
it
to adjust
themselves with the prison life depends much on their activity.
In this
respect,
activity can provide the inmates
with a good way to socialize, Having a routine activity,
support,
and help each other.
the inmates may possibly cope
with more maturely in their lives within the wall because they can maximize the opportunity to be occupied and to fill time,
so the inmates have something to do rather than
spending their time feeling the pain of the prison life. Moreover, inmates
activity can also provide an opportunity to the
to earn some money,
so they do not have to depend on
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238
their friends and family outside to support this, will
them.
earning income through their own hands,
On top of
the inmates
feel that they are still worthy and valuable
fellow
citizens even though they are living in different world. Having est ablished the meaning of activity above,
there
were 7 3 inmates who answered that they do not have any activity within the prison. Moslem
inmates
Their routines are simply for
to pray at the mosque three times during the
day,
for Christian inmates at the church,
day,
or Buddhist and Hindu inmates at the temple.
inmates see themselves
one or two times a
as persons who are being
These
73
trained to
be priests because they have to focus their every day life on religious activity. receiving guests according
Some activities such as lectures or
from religious organizations
to these inmates,
or NGOs,
are not really activities
because they are done within the mosque or church and they are temporary activities.
Moreover,
these activities
place within the religious activities
take
time frame and are
thus not really considered routine activity.
There are also
sports
is organized by
activities
inmates.
School
but again,
this
inside the prison but that
(learning)
is also present
inside the wall,
learning activity is org an ize d and run by
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239 the inmates.
In this regard,
attended class while months,
there were only 12 students who
I was doing my field research
for four
and the school was open only 2 hours a day.
Related to this
issue,
an inmate said:
We are the forgotten fellow citizens down the hell here because we belong only to the Lord. We have only God and our bodies. All our lives are dedicated to God only through our presence in the mosque and church. Nothing else. Works from the prison? Are you crazy asking this dumb bloody questions? You know that we do nothing here. We wake up for praying, we sleep also for praying. They told us that we got to compensate our sins through praying as much as possible. Be close to God, so God will forgive and bless you. That was a favorite song from the guards to shut us down. I have a big mark on my forehand because I bow all the time but they don't. They don't understand religion because Gcd asks us to work for life. Not to pray all the time. I heard from my grandmother long time ago that God bless only for hard workers. I feel ashamed down here. Drinking, eating, shitting, sleeping without doing anything else. Prison should also be ashamed having us here without producing something. Another
inmate complained by saying:
Man, don't even mention the word "work" here. You make me mad at you. You saw me already many weeks just sitting and being at the mosques days and days and you still ask me about work. Get the hell out here, otherwise, I am not going to talk to you anymore. I am frustrated whenever people talk about work in this hell prison. Sure indeed, if you think that bowing and kissing the floor (prayer for Moslems) and singing at the church (prayer for Christians) and listening to those guards and guests who lecture is work, then we are so busy here. If you really believe those things are works, then stop talking now. We, the inmaces, are absolutely busy. Working in the prison industry? You are dreaming in the middle of the day, man. No work there, no nothing. Friends of mine always go there
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240 every morning to chat only. They just like pretend to work, to hallucinate and to imagine that they have something to do. Otherwise, they go crazy. You know man, hallucinating and dreaming here are so good and entertaining. I always hallucinate do this and that, be this and that, whatever I want. No work, nothing to do, so let us hallucinate, man. Apart
from those 73 inmates who see work in prison as
only a dream,
there were 7 inmates who admitced that they
are busy inside the prison. they still have to share
They earn little
that
income with the guards as well
as with fellow inmates.
These
craftsmen,
(someone who
and rampings
guests or call
inmates
sometimes gee tips
income because
inmates are barbers, is charged to escort
for administrative
from guests.
From this
r e a s o n s ) . Tamping group,
one inmate
I feel no shame down here because I always have something to do. It truly does not matter to me whether the prison gives work or not because I always have to accomplish. I cut their hair and they give a little money. My ceil mate does the same thing. He escorts guests and he gets money. Of course, you cannot earn big money and become rich from this place. But, at least you have something to do. Met ;ust lock yourself in your cell and fail sick. And the most important thing, be nice to the guards. You will be fine. By having this data that 9 1 v of inmates no work inside the prison, 87; of inmates answered in
feel there
is
it is clear to me the reason why question one above that they
never feel at home and they never
fully get along with their
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241
fellow inmates
inside the prison.
These
inmates do not have
any routine activity that can distract them from boredom. addition,
lacking work also means
lacking a means by which
to socialize and support each other. not
In
That
loyal or accountable to each other;
is why they are
rather,
they suspect
and distrust each other. One of the main reasons why the institution does not provide work is budget. because
the government
in industrial
This
is not
the only reason however,
can invite private groups to invest
sectors within the prison.
The main reason is
the view that the state has toward criminals.
The state
still holds a conventional conviction that the criminals co mm itt ed crimes because the solution attitudes,
they are not
religious.
is to make them religious.
in this
respect,
Their mental
need to be fixed.
state also still believes that criminals within
healthy,
we need to isolate that sickness;
this belief,
"Petrus
the
In order to keep society by incarcerating
society will be free from the sickness.
With
the solution is simply to isolate or imprison
the criminals,
Lembaga
Moreover,
represent a
sickness
the criminals,
free society.
Therefore,
so that society is not inflict ed. 23 That is
Irwan Panjaitan and Pandapotan Simorangkir,
Pemasvarakatan, Dalam
Perspektif Sistem
Peradiian
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242 why the
institution of prison puts so much weight on
religious activities
regardless of whether the inmates are
better or worse off after release.
3.
Privacy
This question is very important to examine since within prison
is tense,
this
the concept of privacy truly needs to be
respect,
highly vigilant,
life
and mistrusting.
In
explored to see whether the inmates need a special space in order to cope with the prison life described above. the concept of privacy
in this connection refers
Thus,
to space.
The primary concern of this question is to explore whether or net the inmates,
due to social and physical
overstimulation,
prefer isolation,
of environmental
irritants such as noise and crowding.
this end,
peace and quiet,
absent To
the desire of the inmates to have his or her own
private space
(room)
and his or her reason why,
will be of
major scrutiny. Among the 80 inmates
interviewed,
75
(94%)
not need any privacy within the prison while said they do need privacy.
Pidana,
(Jakarta:
said they do
5 inmates
(6%)
Of those who said they do not
Sinar Harapan,
1995),
10-11
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243 need privacy one inmate said: I am not dumb crazy to be locked up by myself in one room. I have been isolated already within this wall, why I should ask another room for myself. Another special space for myself. This crazy place is isolated already from normal people out there. I need to be with my fellow friends whom I trust. I want to be with them all the time from the time I wake up to the time I go to bed. It is a kind of stupid idea to be ourselves in one particular room or space. How do you socialize? How do you get help if you are only by ourself in your room or your special space? You may die and nobody knows. Not, not for me. I need no room, no special space for myself because I do not like to be lonely and nobody respects me if I am only with myself. I want to share everything with other people. Ano th er inmate said: Am I sick person that needs to be provided a special room or space because other people may get sick also from me? I do not like that idea. Man, I never said leave me alone because I want to do this, I wane to do hat. No at all. Of course, I always avoid guards and some other guys coming to see me in my cell because they are always bu llshitting around and hanging around your place. You know what, let me tell you something. Those kind of guys are always trapping you and playing tricks. Those kind of guys always want to talk to you and they want to know everything from you, then they ask you to give them something. Other than that, I like to be with others in the room. It is fun to be with m a n y guys down here. You know, you do not have to like or trust someone to be with him. You just need human beings to talk to and to laugh with. No friend, no luck, remember that. In contrast to this view,
an inmate who needs privacy
I am not a hypocrite. I need socializing, but I want to be safe as well. Therefore I need privacy, especially at certain times when I need quiet tranquillity for contemplating about myself, my family,
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244
and about what I have done to others and what I am going to do and where I am heading for the future. I need my stuff safely in my private space. I need to be alone, no guys bothering me, asking this and that, preten di ng to help. I need to be by myself without those guys who always say I am official, so let me know if I can be of any help to you. I just want to be in my own space. At
first,
I was surprised to
percentage of inmates question number
1
refuse "privacy"
as having low trust,
see life within prison
high vigilance,
and much discomfort,
Under these circumstances,
However,
perspective,
difference
we would assume
for himself in order
from an Indonesian cultural
this assumption
do not trust each other, ocher people
fails because even though "hey
Indonesian people
like to be with
(c omm un alism-collectivism). This
is a clear
from Western culture which puts much weight
individualism.
in
Those inmates
that each inmate needs a room or space tc be safe.
in prison because
(Safety), 78% of them said they felt
unsafe within prison.
and uncertainty.
find that a high
on
I believe that cultural values prevail in
this case. One of the reflections of this pattern
is that most of the ethnic groups
not have bedrooms Irian,
Indonesian cultural
in their homes.
for instance,
in Indonesia do
In Bugis,
Dayak,
Kaiii,
the concept of private bedrooms
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(except
245
for parents' cultures, space
bedrooms)
such as Javanese,
(a kind of hall)
friends,
does not exist.
guests,
etc.)
Indonesian society, countryside,
to use.
exist.
Furthermore,
family,
it
iscommon in
especially for the Moslems
in
in the mosque.
Islamic studies.
the
of8 years to
They stay there
They sleep with their
the mosque where bedrooms or rooms do not
In this
respect,
particular and private Therefore,
(members of
to let their sons between the age
over night to learn inside
people even provide a common
for anybody
high school spend the night
peers
In some ethnic
the concept of bedrooms rooms
in general,
the concept of "niches"
people may fit for thinking,
in
do not exist.
(a little
space where
contemplating or being alone
without being interrupted by anybody and an y t h i n g ) 24 that Johnson advocates irrelevant words,
to handle inmates
in prison,
in the case of Indonesian prisons.
hatred,
distrust,
seems to me In other
and discomfort among the inmates
within prison are ail transcended by the Indonesian (Eastern)
values,
namely communalism.
developed from childhood thorough
These values are
formal and informal
“4Robert Johnson, Hard T i m e , Understanding And Refo rmi ng The P r i s o n , Second Ed., (California: Wedsmorth, 1996)
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education
in every day life.
new concept;
it is a strange idea.
from their society or roots. Indonesians,
Indonesian people.
society;
In this regard,
This
privacy is a
Privacy isolates them
not being with a group
being aban don ed by society.
punishment
For the inmates,
for
(or community)
means
is a big condemnation
In some ethnic cultures,
the most
for
severe
for committing a crime is to be kicked out of
the criminal is never allowed to return to his
community.
The conclusion of this
is that every Indonesian
has to be with a group regardless of whether the members of the group are good inmates
of Cipinang
for them or not.
This explains why the
Prison strongly refuse to have privacy
(a private space where an inmate can from other inmates) tense,
fit in and feel
free
even though they live within a highly
uncomfortable,
and uncertain environment.
4.
Emotional Feedback
The main purpose of this question is to explore the feeling of inmates,
whether they are happy or unhappy to be
visited by family members,
colleagues,
question is important since the inmates families,
colleagues,
and friends,
or friends.
This
live away from thei
and these visits may be
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247
very meaningful
for the inmates.
inmates may feel respected, for,
In this respect,
appreciated,
and less abandoned and useless.
may encourage or inspire the inmates, their hopes and optimism alive,
the
loved and cared
In addition,
visitors
so they still
keep
or they may discourage and
pose personal burdens on the inmates. In response to this question, that
55 inmates
(69%)
answered
they truly love to have visitors even though those
visitors do not come on a regular basis. visitors
Moreover,
flower these
see visitors as a source of inspiration and
encouragement.
Visitors,
intention or purposes because
having
is like being in the middle of a beautiful
garden or on the beach in the free world. inmates,
For them,
for them,
regardless of the
of the visits,
they share their times
them.
are truly friends One inmate said:
For me, visitors are everything. They are beyond friends. I feel like a rich man all of a sudden whenever I have a visitor. Man, when I am dying because of sickness and my visitors come, you believe or not, I am just fine. When I am mad at my fellow inmates down here, and my family, my wife, my sister or brother come, I just turn to be nice to my fellow friends. They are just like angels for me. They come to cheer me up, telling me good and funny stories, reminding me my good times out there. Man, they are just good. Similar to this
feeling,
another inmate said:
Visitors for me are a kind of symbol of respect and caring. I do not care if they were my enemies before,
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248
as long as they come to visit me, they are my friends. You know, a real friend is a friend who comes to visit you when you have a bad time. Hey you, you better agree with me on this subject. Friends when you have a good time, cannot be considered as friends yet. Believe it or not. You imagine, you are in a bad time in the middle of nowhere, and someone spends time and sacrifices things to come to you, he must be a prophet. Level of personality, dignity, and loyalty of someone, have to start from here. From a bad time. Net when you are happy and have money outside. Not at all. But right here. If I had money, I would pay people to come to visit me. The most important thing to have visitor, is to chat with them on many topics of conversation. They always come with good stories to tell. And they make me laugh all the time. However, because
those inmates do not insist on being visited
they do not want their family and friends
money on gifts or presents.
These
inmates acknowledge
visiting someone
in a prison results
because
always
visitors
In this way, friends,
the inmates
in spending money
feel obligated to bring something. feel bad for their family members,
from the above views,
25 inmates
(31%)
answered that visitors do not effect them at all.
these
that
and colleagues whenever they come.
Differing
visitors
spend
or not
inmates,
is
all the same.
Visitors,
sometimes even bother them.
Having
according to They consider
visitors
to be personal burdens because they always bring
bad news
from outside and ask too many things.
that,
More than
in the eyes of the inmates who do not care
for
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249
visitors,
having visitors,
bringing gifts, asked by their
especially when they come without
creates big problems because they are always fellow inmates and guards to share.
relation to this,
In
one inmate said:
Visitors are hell. They come just to bring me a headache because they always tell me sad and bad stories about family, about neighbors, about this and that. How do hell I help them. I cannot even help myself here. After they leave, those guys in my barrack, cell and those misters (guards) always insist that I offer them something because they always think visitors bring something. Well, I do not think it is a good thing to have visitors. For me, it is all the same, whether to have or not to have visitors. I am better to stay inside my cell than being out there with visitors. That is it. It is much better that way, by myself. Based on the data shown above,
it is clear to me that
the percentage of inmates who need emotional visiters
is high.
feedback from
They need visitors not only to share and
talk,
but they consider being visited as a kind of respect,
care,
and symbol of loyalty of the visitors
That
is why visiting
contrast
is very meaningful
to this view,
guards
In
for them always create
such as the insistence from fellow inmates and
to share presents.
presents
to the inmates.
a smaller number of inmates prefer
not to have visitors because visitors problems,
toward them.
As long as the inmates
from their visitors,
receive
there is no problem.
However,
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250
not receiving presents
from visitors
is problematic because
fellow inmates and guards always believe that each visitors must bring something. Regarding the present/gift culture,
issue,
in Indonesian
it is a kind of moral obligation
for someone to
give something not only to someone who
is having a bad time,
but also to someone whom they respect.
That
is the reason
why fellow inmates and guards always believe
that each
visitor must always bring a present to the inmates. reason can be applied to understand why those mostly like to be visited, come.
Those
but do not
insist
The same
inmates who that visitors
inmates understand the economic conditions of
their visitors
and that they cannot afford to buy presents
for them. Among these two groups of inmates have v i s i t o r s ) , only seven inmates
(like and dislike to
answered that they are
affected by and like to receive mail
from outside.
these inmates are not only a tool to express they are also symbol of respect. the pe rcentage of inmates
feelings,
for but
The question here is why
in favor of mail
There are two main answers to this. cultural value
Mail
for Indonesian people
First,
is so small? it is also a
to prefer to
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251
communicate
face to face rather than in
Indonesians,
the most
respectful way of
writing.
communicating is
be physically present and use oral conversation c u l t u r e ) . That
is why mail
Indonesian culture. Indonesia,
people
In this
For to
(oral
is not so popular within the respect,
in
feel disrespected and
most part of will not attend your
event when you invite them by sending a written invitation. However,
if you invite them by coming to see them in person,
they will definitely accept your invitation. reason why mail
is not very popular among the inmates
censorship policy of the institution. still holds reluctant
The second is the
The prison institution
a censorship policy that makes
to receive and send letters.
This
the inmates issue is
explored in mere detail in the previous chapter
(History of
Indonesian P r i s o n ) . In summary,
the unpopularity of mail among the inmates
is not because seme inmates are unable to read and to write (illiteracy)
because they can ask their fellow inmates to
read and to write
for them.
This unpopularity is a result of
the cultural value of Indonesian people
(oral culture)
and
the strict censorship policy that the prison institution maintains.
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252
5. Order Order
(structure)
(Structure)
refers to the law enforcement
creates certa int y and stability within prison. prevailing prison
law which governs the
inmates'
is Gestichten Reglement of Stbld.
Law of P r i s o n ) . This
that
The
lives within 1917 No.
708
(The
issue is very important to examine in
order to understand whether the prison has clear cut rules and whether
the rules are enforced consistently and
impartially.
Having this allows the inmates to have
predictable,
certain and orderly
these conditions,
lives within prison.
the high level of anxiety and tension
within the prison can be reduced because certain patterns avoid.
With
of conduct that
Furthermore,
the inmates have
they have to follow or they
the impartiality of the law enforcement
within the prison not only can create stability and certainty, inmates.
but also can provide emotional
Having
allows the
impartial or consistent
stability to the
law enforcement
inmates to feel that each inmate will be punished
for violation of the lav/ and rewarded for obeying the 1aw, regardless way,
the
of their backgrounds and past
inmates will definitely
records.
In this
feel that they live within
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253
the same boat with their
fellow inmates.
In short,
consistent and impartial
law enforcement within the prison
can lead to justice and to at least fairness and secure feelings
for the inmates.
In response these questions, consistent and impartial empty dream. measur ed
The
rules,
(metarules),
inmates and guards behavior,
67
(84%)
law enforcement
inmates said that
in prison
according to these inmates,
clearly and transparantly,
must be
so the
can have a clear picture and framework of
which one is allowed and prohibited.
kinds of rules,
is an
Without
the inmates will be in the limbo
these
forever.
It
is very unfortunate and sad to say that the dream of ideal or impartial
law is far away from the reality.
On this,
one
inmate said: Brother, please do not mention and come telling me that we have fixed rules of games down here. I have been here for more than 10 Ramadhans (ten years) but nobody ever brought me a piece of paper containing rules, my duties and rights. Not even telling me my rights. But duties, brother, every day I have duties and they always change over time. I do not even know what rights are about. You just got to believe me, life here is just the same as life at the bus station or at the market. People rule themselves. They can buy anything they want as long as they can afford it. No rules, brother. For me, since I never saw the rules tangibly, the rules must be the guards because they are the one who always come to give orders. Weil, brother, lets not talk too much. The closer you are to the officials, the less duties you have. I am talking about duties, not rights, because I do not know what rights
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254
are about,
ok!25
Another inmate expressed himself: Friend, you are asking me about fair and just rules of life here. I wish it could happen. You know, I have no college degree but I know what rights are all about. I know about fairness and justice. All these academic things we are talking about now, cannot be found here. Justice and fairness are the guards and the guards are the laws and justice. That is it. Here, look at them, at the inmates, they have only one thing here, namely obey the law. Years and years. For me, after being here for about 12 years, I dedicate my life to just obeying the law. But still, according to the guards, I always break the law. What kind of law did I break, nobody ever told me, not even the law itself (guards). Tragic life, isn't it? Those misters (guards) come to you in the morning and say that you may do this and that because it is allowed, then you are happy to do that. Guest what? The next two hours, the same guards come and arrest you and charging for breaking the law. Friend, this kind of life makes me crazy here. You can never tell when you are on the right track. You are just always wrong. The only time that you are right is when you have money to buy the right things and justice here. Other than that, just pray to God for his bless i n g . Another group which consists of 13 inmates that
law enforcement within prison
(161)
see
is fair and consistent
^ M o s t of the illiterate Moslems in Indonesia count the years based on the annual Ramadhan month, a month when every Mo slem is required to fast for the whole month and comes once in a year. In most of parts of Indonesia, in addition, especially in the rural areas, the images of the bus station and markets are bad because usually people cheat and fight easily each other at those two places. When the Indonesian people talk about bus stations and markets, they refer to the old and traditional fashion of bus station and market where bodyguards and muscles usually rule the places.
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255
enough.
Law enforcement within prison,
very consistent
law,
on the
then there
is
and impartial because the law strictly and
clearly stipulates what all depends
for these inmates,
is wrong and right.
inmates.
If the inmates
In this
respect,
keep breaking the
is no fairness and justice.
One
inmate said:
I just question all the time why those people always complain about the fairness and impartiality of the law here. The law is clear that inmates have to give up certain rights here. They knew it. Of course, we cannot have so much freedom here like in the real world out there. Justice and fairness are very abstract concepts, so it depends on where to view and stand for judging it. We just got to be realistic here that we should go with the flow. If the rules say the guards are powerful, we go with the rules. Do not go against the rules. Otherwise, you are going to have a terrible life here. Guards will not punish you if you do not break the established rules. Never. I am not amazed at the high percentage of inmates who see and experience
inconsistent and partial
law enforcement
within the prison because those inmates never saw the written law that prison.
is enforced to govern their
It took me forty days to find the
lives within
law within
Cipinang Prison while conducting my field research, one official after another,
asking
but none of them was able to
provide and show me the written law.
I finally went to the
Center of Training and Education Office of the Justice Department of Indonesia,
which is located miles
from the
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256
Cipinang Prison. written
I finally found the only one copy of the
law after spending three hours there.
My experience
tells me that the inmates never had chances
to see their
rights and obligations based on the written
law.
they feel that the
law of prison
get their orders and obligations guards.
In this connection,
prison
That
from what they heard from
the law of the prison puts much rather than reformation
is why the guards play such big roles
in
life because discipline and security are governed and
decided by guards.
This
rights to the inmates. guards,
is why
is the guards because they
weight on security and discipline and education.
That
law provides many more duties Moreover,
especially under
this
Provision 40
than
law is in favor of the (2),
which stipulates
that the inmates are required to obey the orders of the guards and not even to question those orders. elabo ra te d in more detail
This
issue is
in the previous chapter
(Indonesian Prison).
6. Assistance This question relates
to the willingness of the guards
or officials to provide assistance
to the inmates.
The
examination of the sincere availability of the guards or
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257 officials
to help the inmates under any circumstances or
condition
is the main exploration of this question.
Furthermore,
the level of satisfaction or dissatisfaction,
di sappointment of the inmates
towards
the guards or officials can provide, exploration.
will be the
Assistance refers to any help,
as helping to move, somebody,
the assistance that
buy,
tangible
(such
deliver something or messages to
writing or reading something
intangible
focus of
for the inmates),
or
(such as keeping inmates accompany when they have
a bad time,
chatting or spending time with the inmates
in a
positive m a n n e r ) . My goal
in asking this question is to reveal whether
the relations between the guards or officials and the inmates
are good or bad,
conflictual
friendly or unfriendly or
or harmonious.
feel that no assistance
As
the inmates
is provided by the guards or
officials without conditions. if there
I found later,
Assistance
is something in return.
That
is always available
is,
guards and
officials provide assistance only to those inmates who can provide something given in return to them. 59
(74%)
In this
respect,
inmates answered that they never received help
from
the guards or officials when they needed it. The help was
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258
available only as long as they are able to offer something to the guards or officials.
One inmate said:
Help? My understanding about help is something that someone does for someone without expecting something from the person whom he helps. Then, we never get any help here. Those misters (guards or officials) even insist on helping when they see that we have money to offer. If not, forget asking for help from them even if you are dying. You know, life here basically is helpless, so please do not expect me to have respect for those guards because they do not respect me either. They respect my belongs only. I have seen many friends of mine dying for help, but you know, they never gave them any assistance. You know why, they have nothing, not even a penny. It is very simple. But look, for those inmates who have money, guards and officials are always there, enslaving themselves for money. Please tell this to the authorities outside. Please, I am begging you to tell the people that we do not get any necessary assistance here from the people who are supposed to help us. Another inmate said: My friend, I have spent my life here for almost nine years but I got help from the guards and officials only twice. It was my first month here and last year. 3oth occasions had money in return. I never asked, not even expected any help from them because I knew from the beginning that I would never have any. It is much better for me not to ask, otherwise, I will be disappointed. They are simply lintah (small leeches chat sucks your b l o o d ) . I told my family outside not to bring anything down here because when those guards and officials find out, they just come to be nice to me, to offer help. You know, it is kind of a shame, exploiting someone who is having a bad time. God never forgives chose kind of guys, get it? In contrast to those inmates who see and experience that help is not available without something in return,
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259
eight
inmates
officials
(10%)
experience that help from the guards or
is always available anytime.
These
inmates always
find and enjoy the assistance that the administration provides
to the inmates,
as one inmates
said:
I never had any problems receiving help from the guards. If you need help, you must know how to deal with them. They are human beings, just like us, the inmates. We got to know how to approach them. This does not necessarily mean that any help from them requires mo ney or something in return. Not at all. For me, I am just nice to them and they always come to help me. You know what I mean by this, don't you? In additio n to those two different views on the availability of assistance that the guards and officials can offer to the inmates as elaborated above,
there were
inmates who refused to answer this question. inmates was very reluctant only answer that
to talk about
13
This group of
this subject.
The
I could get as one inmate pointe d out:
I truly dislike discussing this subject because it is net good to discuss the bad behavior of somebody. And more than this, I do not want to have any trouble inside here. You know, I am in trouble already. Please do not give me more trouble. Otherwise, I will never get out from this place. What
the above evidence tells me is that sincere help
from the guards or officials prison
(59 inmates).
However,
to the inmates
is absent
in the
help is always available
anytime to the inmates who can provide
something
in return
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260
to the guards and officials. help
The eight
from the guards or officials
inmates who enjoy
fall within this category.
These inmates who receive assistance are the
inmates who
financially and materia ll y can afford to buy it: white collar criminals
(corruption and abuse of p o w e r ) . There were
13 inmates who were not willing to provide comments on this subject.
These
inmates,
however,
by saying that
good to talk about the bad behavior of people," they do not get any help
"it is not implied that
from the guards and officials
without having something to offer in return.
These
inmates are typical Javanese people who do want
13
to say
something dir ectly when they disagree with something or somebody. The high percentage of inmates who see and experience no help without
reward from the guards and officials,
ob viously creates a bad image for the inmates and officials. conflictual
This
image,
then,
creates
towards guards
incondusive and
relationships between the inmates and the
g u a r d s / o f f i c i a l s . This environment
is worsened by the
fact
that some inmates can afford to provide money or something in return to the officials or guards them at anytime.
In this way,
to receive help
from
the inmates see unfairness and
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261 injustice within prison. 67 inmates
(84%)
That is also the reason why I found
as indicated in question 5
(Order-
S t r u c t u r e ) , perceive order or law enforcement within prison is partial and inconsistent.
The law enforcement arbitrarily
depends on the guards and officials.
7.
Images of the Inmates Toward Guards and Officials
The main objective of this question images
is to identify the
of the inmates toward guards and officials of the
prison.
This
finding
in number 6 (Assistance). In the eyes of 75 inmates
(94%),
is necessary
in order to cross-examine the
guards and officials are corrupt people,
in terms of
not performing their duties as they are supposed to. The guards and officials are power abusers. according to these inmates, reluctant
Along
this
line,
the guards and officials are not
to use physical violence toward the
inmates
for
their own purposes. Moreover, officials
for this group of inmates,
the guards and
are exploitative and oppressive people.
They are
nice when they need or expect something in return from the inmates. what
Therefore,
the inmates
those guards and officials always have
call
"anak emas"
(golden boys).
The golden
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262
boys are the inmates who can afford to provide money or something else to the guards or officials.
These people are
the ones who can buy justice within the walls. privileged persons who can be above the law.
They are the
One
inmate
emotionally described: You are asking me about my images toward them, right? It is well known already that they are nuts. They exploit and oppress us down here. More ironically, nobody is willing to complain. Otherwise, you get more severe life. What can I say? They have power and authority. I am telling you now that they practice extortion here to get money. If you do not have money, then justice is not in favor for you. You promise, only between you and me. Those people will definitely be in hell because they exploit us who are in bad time. I am a Moslem. I know and believe in God and God punishes whoever exploits and oppresses others. Do you believe this? Hey, my family members who want to visit me, always have a hard time whenever they come. They always ask this and that. But when they give guards or officials money, they do not have any problems. Looking at those inmates who are rich, they never have any problems because justice is for sale as well as guards and officials. You know this. You just pretend not to understand it. But never mind. Just do not tell anybody that I am telling you this. Ok! Not different
from the above view,
one inmate explored:
I always laughed whenever I heard people complain about guards and officials. Yes, I laugh because I cannot do anything. It seems to me that they are destine d to be oppressors and exploiters. For me, those guys who always acknowledge themselves as the protectors of the inmates, are those people who are the unsafest ones to deal with. They are dangerous people. They should be movie actors because they are really good in pretending and action. They are not good to be guards and officials. They are corrupted, just like judges, prosecutors and police. But what can I do? I am
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263
a criminal here. My voice is unheard. I wish people out there could see us here through their own naked eyes, then they would know what life looks like here. You are the teacher, can you echo this voice out there. Just do not ment ion my name. Please." Opposite in general,
to the above view,
two inmates believe that,
guards and officials are bad people.
Still,
they
acknowledge that a few of them are really nice people who work professionally.
They are the ones on whom the inmates
can rely for anything. guards
These two inmates view those few
and officials as a minority who often time risk their
jobs to be honest and professional.
In addition to this,
there are three
inmates who view that there
with the guards
and officials and that they are doing their
jobs nicely.
The fact that they are nasty to the inmates
because the inmates do not most cases,
is nothing wrong
know how to deal with them.
is
In
the inmates have to understand that the guards
and officials
are human beings who have emotions and
feelings.
inmates also have to know this and not just
The
de mand the guards and officials
to understand them.
supposed to be a mutual relationship.
It is
One inmate spoke:
Guards and officials also need to be understood. They are human beings who need respect. And remember, their duties are so tough, at the same time, they are government officials who do not get good salaries. What do you expect from this kind of situation? Lets be realistic here. I personally never complain about them. They risk their lives to preserve the order down here.
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264
Remember, the occupants of this place are abnormal people. We broke the law, so we are guilty. Now, they come here to demand their rights. It is something that makes me laugh, someone who intentionally breaks the law and demand this and that, even blame the apparatus. It is very unfair. I defend those guards and officials, no matter what. But do not tell my other fellow inmates. They may kill or isolate me. You know what I am saying, don't you? What the above data tells me is that there is a high percentage of inmates who view guards and officials exploiters and oppressors.
This view,
leads a high percentage of the inmates
I believe, (84%)
undoubtedly
to see the law
or order of the prison as inconsistent and partial, presented
in question 5
as
(Order). The three inmates who
defend the position of guards and officials, those
as
I suspect,
are
inmates who can maint ai n good relationship with the
guards and officials. based on what the officials
The good relations can be maintained
inmates
in return.
guards and officials
can provide to the guards and
The other two inmates believe in general are bad people,
that
but that a
few of good and professional even though they are minority and risk their position. For my view,
the majori ty of the negative views toward
guards and officials are due to the fact that the level of education of the guards and officials
is v er y low.
Their
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265
salaries,
as well,
are very low which explains their need
for extra extra money to sustain their satisfy their needs, can p rovide
them.
they can sell
Moreover,
lives.
In order to
their power to whomever
the guards,
especially those who
were born and raised in the area where the prison is located, Thus,
view the inmates
as destroyers of their homeland.
they consider the inmates as a big threat to their
o ri gi nality which leads to the unprofessional working performances.
8.
Function of the Institution
After examining the safety activities
(question number 2),
(question number 1), order
and assistance
(law enforcement
question number
5),
the institution
is supposed to provide to the inmates,
also necessary to examine inmates
towards
In this
respect,
it is
the function of the institution as a whole. it is very important to find out whether, the institution of prison still
as a rehabilitative
opportunity
(question number 6) that
the views and images of the
in the eyes of the inmates, functions
in
institution that provides the
for inmates to be better off after being inside,
or whether they are even worse off when they get released.
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266 To this question, that the
(100*)
indirectly answered
function of prison to rehabilitate,
and teach skills
to the
adjust themselves inmate,
80 inmates
inmates,
educate,
to prepare them so they can
in the real society,
in this regard,
train,
totally fails.
One
said:
Sir, if we are saying that the function of the institution is to make us pray all the time, then the institution is very successful. However, if we are talking about skills and other things, well, it is another story. For me here, I have a very good opportunity to learn my faith that I ignored before coming here. Yes, indeed, they give me all the time to understand religion. Why ? I think I do nor have anything else to do. I do net know whether this is the inly function of the institution or not. And I just do not want to know and be bothered by anything else because it may cause me problems. My conclusion, living in this place means living only to be religious. Mcthing else. The fact that you disagree and you do not like this, it is none of my business. Similarly,
one
inmate
told me:
Well, we are talking about something too idealistic here. Preparing and educating the inmates to be good fellows out there? We are better just talking about the guards and officers because everything is decided and depends on them. As I have been experiencing down here, it seems to me that the institution does net have any clear objectives toward us. Ail things that the institution does is rethorical things. Nothing tangible that can educate the inmates. Nothing at all. My idea is that before we talk about the institution, we better talk first about the guards and officials. All the problems down here involve the guards and officials. Nothing wrong with this institution here. Lets make it short, buddy. I just want to let you knew that from my view, I always see a big gulf between the objective and the reality. That is all that I can say about this.
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267
The two statements quoted above clearly show that the function of prison to rehabilitate,
educate,
train,
prepare
the inmates to adjust
society
in the real world when they are released,
unsuccessful.
themselves easily within
Even though these
inmates
say this and focused their answers
implications are clear enough evidence conclusion that those inmates believe function as it should.
prison provides consistent
are not met, Anoth er
least twice.
their
for me to draw my the prison institution feel that
a safe environment,
since these necessary demands
the institution does not finding that.I discovered
function well. from the
field is
11 inmates who came in and out of prison at
Ironically,
the latest charges
imposed on them are tougher sustains
as Indonesians,
and fair treatment and
Eor these inmates,
that there are
activities
inmates do not
them with work to do,
law enforcement,
assistance.
The
is
refused to directly
on religious
and blaming the guards and officials,
does not
and
that were
than the previous charges.
the fact that the institution of prison fails
rehabilitate and educate the inmates. them worse because the inmates
In a way,
This to
it makes
learn more and higher quality
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268
of crime
from the prison.
In short,
the inmates at the time
of release are worse off than when they got told me his
in. One
inmate
story:
You know, I got in here seven years ago for stealing a wallet. They charged me for a year. I still remember, when I got my release, it was wonderful. I went dow nto wn just for pleasure. When I got there, I was tempted to practice my lesson that my buddy taught me when I was behind the wall. I was really curious to practice opening a big locker without using any s op hi st ica te d tools. And by coincidence, I saw a big truck which I sensed had a lot of stuff inside. Nobody was there because it was lunch time. I simply used a small iron to open the locker. It was a miracle that I was able to practice my lesson. I was so happy. I took a lot of things and sold them. I made money from that kind of thing ever since. I did this many times until I got c a u g h t . They put me here for one and a half years. I went out and did the same thing. I was even able to open a warehouse. I got caught again after doing it more than ten times. This time I did it with a group of people. They sentenced me to six and half years. And here I am. I did it because I have nothing to do and nothing to offer for finding jobs. I hope you u n de rs tan d this clearly. The
fact
that the inmates did not directly say that the
institution of prison does not function, reflection of
Indonesian,
especially when the subject
eyes of the
The
is a
particularly Javanese culture.
People do not state negative things.
authority.
again,
They only imply them,
is sensitive and relates to
function of the institution of prison in the
inmates,
falls within this subject category.
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269
9. Due process
refers
Due Process
to the whole legal process that
suspects must pass through before they are brought to prison.
The objective of asking this question is to find out
whether the inmates had a difficult brought
to trial or not.
time before they were
In other words,
the question will
scrutinize the fairness or unfairness of the justice system of Indonesia towards due process.
its fellow citizens,
This will explore how,
Procedure of 1982 stipulates,
as the Criminal Law
every suspect must be handed
over to the police who then passes prosecutors,
especially during
the case to the
who then passes the case to the court when they
find enough evidence to convict someone.
Therefore,
the
examination of each stage that the inmates passed through, will be scrutinized by asking the inmates how the police, prosecutor,
and judge treated them during due process.
With this question,
76
(96%)
inmates answered that
they were given unfair trials because they were tortured and exploited during their due process,
especially when their
cases were handled at the police and prosecutor stages. These inmates
feel that since the due process was unfair,
the trial must be automatically unfair.
These inmates see
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270
that a fair trial and justice can be served only to those who can afford to buy the justice by providing money to the state apparatus In addition,
(such as police,
of justice
torture that they experienced during
these inmates will never view the whole process
in Indonesia as fair.
Some of the inmates became
han dic app ed forever and others have mental due process.
Life
for these inmates
nightmare,’ therefore, system of
and judges).
by having uneraseable marks on their bodies as
a result of physical due process,
prosecutors,
Indonesia
trauma
from their
is an unforgettable
state apparatus as well as the justice
is unforgiveable and unjust
system.
One
inmate compla ine d by saying: Hi dear! I have been waiting for so long, someone comes to me to ask the unfairness of my due process. It is very simple question but it has a long answer. There is no fair trial in this country because everything was set up before you go to the court. Talking about police and prosecutor? Man, it seems to be an empty dream that police protect the people, that the prosecutor upholds the law. They are the ones who play with the law. They are the law. Similar to this story,
one inmate told me:
Looking at my left leg. Here, the black hole. The police shot me from behind with two shots. They suspected me of falsifying documents that belong to a big guy. I was detained at the police station for two days. They used every means to extract information from me. They used violence to get a confession that I committed the crime. They came to my cell in the middle of the night and forced me to talk. They punched, slapped, kicked, and even pushed my head against the
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271 wall. Nothing could work to obtain my confession. Of course not, because I did not do it. One day, I was laying down on the floor, trying to cope with my pains, one police politely offered me a cigarette. Another one smiled while talking to me. A.fter having a couple of chats, they asked me a favor, to go to a small store to buy them cigarette. They told me to rush because they did not have much time, so I did a little run. You know what? One of them shot me twice from be hind then told everybody that I was trying to escape. The more ironic thing is that the media believed those two policemen. I was in the papers as a bad guy. .Another police witnessed that I was escaping, so his friend had to shot me. I lost the case because I could not provide any witness to testify that I did net escape. Mow, let's talk about all the points here. My due process is absolutely unfair. No justice is provided. I am preparing myself now to sue those people who put me here, no matter what price I have to pay. This is about justice, and I have nothing to lose if I sue them. I have already been imprisoned, so I know what prison life is about. I am even ready to sacrifice my life to bring justice. One of us must be a martyr. Me way you can let the police, prosecutor and judge arbitrarily treat the citizens illegally. Just no way. I told my family already not to expect me to be outside this wail soon. I am going to be here again. I promise myself that I got to follow my grandfather who died to free this country from the Dutch. Mow, I am his grandson and also will die for the same cause; justice. I will see my grandfather in heaven because we died with the same cause. Remember this. They better prepare themselves. The rest of 5 inmates question.
totally avoided answering this
They just stopped or discontinued my conversation
without any particular
reason whenever
I touched this
10 . A.aenda
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issue.
272
for their future when they are released.
This question is
very important in order to cross-examine whether the institution of prison truly prepares the inmates providing them skills,
in terms of
so they will not have any problems in
adjusting themselves or finding jobs when they are released. With chis of jobs
in mind,
the inmates should have plans:
what
kinds
they are going to do after their releases.
For this question, know what
62 inmates answered that they do not
they will do in life when they are free.
inmates do not have any plans prison.
Moreover,
These
for their lives outside the
these inmates said they will decide what
they are going to do when they are outside because at this time
they cannot even imagine how their lives are going to
be out there.
Ten inmates said they will run business to
make mon ey as much as they can. will do,
remains questionable.
clear answer on this subject.
What
kind of business they
They still cannot provide a Five inmates answered that
they will be involved in any social activities people
in the
free world.
not have any problems
that can help
Three inmates said that they will
to find jobs outside because they
already had jobs before they went to prison.
These
inmates
are very optimistic about life in general after they are
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273
released,
particularly about
finding jobs.
Among the 62
inmates who do not have an agenda or plan when they are free,
one said: My friend, you should not have asked me that question because I cannot even imagine how my life is going to be when I am free. The only thing I know now is that life out there is very difficult, especially for me, who has already been far away from the free world for 12 years. On top of this, I do not have anything to offer in order to have jobs. I know nothing. The prison does not give me any skills or train me to be skillful for one particular thing that I can sell when I am free. I am always scared whenever I think about this subject. You see me all the time down here, doing nothing except eating, sleeping, and praying. Are those activities considered skills? I do not think sc. Well, how come you ask me about my plan in the future when I have nothing to offer. You know this much better than I do. Let's make it simpler. I do not have any plan for my life, for my future out there because I have nothing to sell and to offer. I do not have any skills, knowledge, not even muscles that I can use to labor myself. I heard that you guys, now are much more intelligent and skillful than we are inside here. You know this, so I cannot compete with you, the smarter and tougher guys out there. Another
inmate pointed out:
Asking about a plan for the future? It is a kind of illusion in the middle of the day. My understanding about plan is something that you want to do because you have something that enables you to execute the plan that you made. Since I do not have anything, why should I make an agenda or a plan. Let's talk realistically here. From the time I got here seven years ago until now, I always feel that I am finished already. Life is no more for me. Therefore, I need no plan or agenda in my life, especially for future. If life is finished, we do not need to think about plan, right? This institution here never tells me to prepare myself for my future. It never told me how to make my plan or
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274
agenda, so do not ask me about my agenda in the future. It makes me crazy. I told you already that I am finished, life and future is no more for me. That is all that I can tell you about my agenda, get it? These two quotations presented above, represent
strongly
the fact that most of the inmates do not have
any agenda or plan for their future when they are free. The reason is very simple.
The institution of prison
does not provide any tools or instruments,
such as
skills and knowledge that the inmates can use when they are free. because offer.
The
inmates do not have any agendas or plans
they feel that they do net have anything to In other words,
since the institution of prison
does not provide any skills and knowledge, feel hopeless.
Therefore,
they feel it is useless to
make an agenda or plan for their are sustained by 73 inmates (Activity)
the inmates
who answered that
future.
These findings
in question number 2 the institution of prison
does not provide any activity for the inmates.
By this,
it is very clear to me that there is a positive correlation between the absence of activity that prison can provide and the agenda or plans of the inmates when they are free.
Since the institution of prison does not
provide activity in terms of skills and knowledge,
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the
275 inmates cannot make any agendas and plans life when they are the inmates
free.
This
for their
future
is an obvious answer because
feel useless since they dc net have anything to
use to compete with other people One of these
in the free world.
ten inmates who answered that they will
run a business when they are
free said:
Well, the only thing that I can to later is to run a business in order to make money. You know, mon ey can buy every thing, so why don't I just make money? 'You can ever, buy justice by having money. You can buy police, judges, and prison guards. What kind of business that I am going to do, that I cannot answer because I dc not have any clear things in my mind at this moment. 3ut de finitely I will make money cut t n e r e . iou xr.ow how it is to nave money. - 1 seems to me that conducting business is the easiest way to make money, isn't it? I dc not have education and experience dealing with business, but I will be a businessman. It is a very clear and simple plan for me. I am going to buy everything with my money that I am. going to make later. Forget about idealistic things, such as being an activist of this and that to help petple, and so on. Mot, not for me. This answer undoubtedly shows plans:
running a business
decide what
because they believe vehicle
even though
kind of business
is clear to me that these
(Assistance:,
they will
inmates want
that business
to make money.
that same
they still
cannot
conduct.
3y this,
it
to be business man
is the most effective
Related to this
issue,
was answere d by 59 inmates
any help or assistance
inmates do have
than
question
6
they never got
from the guards or officials
unless
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276 they had money to offer. on running a business big role, capital,
in the future believe money plays a
experience or skills,
truly believe Those
not even a clear picture of
that money can buy everything
because
they
in life.
released are inmates who had already been or will
Therefore,
articulate,
adjust
to society,
activities.
These
activities,
their poverty, etc.,
these
five inmates who plan to be social activists when
longer be productive people,
social
Still,
running a business,
be retired by the time they are
debts
They do not have any
they plan to have.
inmates have an agenda:
time job.
these inmates who plan
at least within the prison.
what type of business
they get
Therefore,
free.
These people will no
in terms
of working in a full
for these inmates,
the best way to
themselves within society, is to become
involved
and pay their
ir. social
inmates believe that by volunteering such as helping
helping people
the poor
in
to alleviate
to build a mosque or a church,
will prompt people to forgive them for what they had
done in the past.
In addition,
Indonesia when the people
reach retirement
they usually involve themselves activities,
it is a common phenomenon
in social
age
in
(over 60),
and religious
which create a new and respected social status
for them within Indonesia society.
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277
The three any problems
inmates who believe they will not do not have
finding job when they are free are very
optimistic about their lives and have a clear agenda or plan for the
future.
This is very obvious since
these
inmates are
white collar criminals who had good jobs and positions before they were sent to prison.
Moreover,
have good networks or connections outside, them with better opportunities
than others.
these
inmates
which provide That explains
their o p ti mi s m about their future outside the wall.
11. With Whom They Share This question addresses inmates
share their problems,
their goods.
In other words,
acquaintance of the inmates question. people
the issue of to whom the feelings,
happiness or even
the examination of intimacy and is the main highlight of this
This question is raised to identify the types of
the inmates can get along with and rely on within the
prison.
Furthermore,
question number The
1
inmates
their feelings
this question aims
(Safety)
to cross-examine
and question number 2
(Activity).
feel comfortable and secure in sharing
(happiness),
problems,
and goods with their
fellow inmates who come from the same ethnic background.
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278
There are 50 inmates attitude.
(63%)
who are in favor of this
These inmates believe that only fellow inmates who
come from the same ethnic background can be trusted, on,
and respectful.
According to these inmates,
other
inmates who come from different ethnic backgrounds, only unable to respect them, even traitors.
relied fellow
are not
but are also unreliable and
On the other hand,
fellow inmates who come
from the same ethnic bac kground are truly friends, regardless of their age, status background,
religion,
education,
family,
type of crimes they committed,
duration of their a c q u a i n t a n c e . Therefore,
these
social
or the inmates
have a tendency to form alliances based on the ethnicity within the wail.
One inmate answered:
Hey, I have been here for more than twelve years. I am the only one who knows better to whom we should share with down here. As a Javanese, the best and the most reliable fellow inmates to deal with are my Javanese fellow inmates. That is why I share everything with them. Net with my cell or block mates and guards. They just do not understand me. Not even with my Moslem brothers. I do not know why I always feel comfortable to share with my fellow Javanese inmates. Am I racist? I don't think so because I socialize with everybody. But for sharing, only Javanese inmates, regardless of whether they are much younger or older than me, whether they are Christians, Moslems, Hindus, rich or poor, have a college degree or uneducated inmates. I just like them because they understand me. Other fellow inmates, such as Batak, always drive me crazy. They are nice but they do not respect me. They like raising their voice and shouting at me, they like putting their hands on their hips and crossing their legs while
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279
talking to me. They are very impolite for my standards. Fellow inmates from Bugis are too outspoken for me. I cannot stand them. Sharing with guards or officials? No way. They are unreliable persons and they always think that inmates are bad people. They just like using us for their promotion. For me, to be honest, sharing feelings and problems are the most important thing in this place. If you do not have anybody to share with, you will be crazy soon. I share everything with them. I am telling you the truth, no lying here. One more thing to tell you, do not get me wrong here. When I said I share things with my fellow inmates from the same ethnic background, it does not mean I do not socialize with other fellow inmates. Not at all. I just do not trust them and I feel uncomfortable with them. I need respect from ether fellow inmates. Do you know what I am saying? In the same way,
an inmate told me:
Well, talking about sharing inside wall, I prefer my fellow inmates from my hometown, regardless whether I know them long enough or not. They are just good people to share with, especially when you are living this kind of crazy life here. You know, life here is very tense, sc you need someone on whom you can rely for everything. We are very sensitive about everything here, so we have to find people who can understand us and feel what we feel. Home is a home, so is people. I never had a probl em with my fellow inmates since I got here seven years ago. However, I just have two people to share with. They are Ambcnese whom I can trust the most. They are much younger than me, but we can be friends. They are fun guys and nice fellows. Other fellow inmates hate those two guys because they are too noisy and talkative, but I like them because they never hurt my feelings. They respect me. I do not see them often because they live in a different block. I hardly see them, but when I have a problem or they have a problem, we talk to each other. I just feel comfortable when I share things with them. These two men that I am talking about, were sent down here because one of them killed people out there, and another one stole something. It does not matter to me.
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280
Different
from those inmates who like sharing things
with their fellow inmates who come
from the same ethnic
background,
feelings,
happiness,
17 inmates share their and goods
inmates because
to no one.
for them,
They distrust their fellow
fellow inmates can be a friend
today and an enemy the next day. also have their own problems, problems with them.
problems,
On this
Moreover,
fellow inmates
so it is not worthy to share
issue,
one
inmate pointed out:
I share nothing with to anyone, especially with guards and officials. I cannot share with my fellow inmates because I do not trust anyone down here. You know life here has low trust and high vigilance. I have been betrayed by my fellow inmates many times. Those bustards who betrayed me always at the mosque and church. They always pray but they are not good buddies. This means that being at the mosque or church does net mean being good people. Tell this thing to other people out there. My grandfather is right. He always told me when I was a kid not to judge other people from the way they appear. Many people always pray but their hearts are evil. Lets make it short. I do not share anything with anybody. I keep things to myself. Having presented those feelings, inmates
problems,
inmates who share their
happiness and goods with their fellow
from the same ethnic background and those who do not
share with anybody,
now there are 9 inmates who do not care
with whom they share.
These
inmates simply do not mind
sharing anything they have with everybody,
except the guards
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281 or officials. problems,
However,
feelings,
these inmates prefer
happiness,
keeping their
and goods to themselves.
will not share if it is unnecessary.
On this subject,
They
one
inmate expl ain ed to me: Under certain conditions, I got to tell my things to my fellow inmates, whomever I think are good friends. I do not care who they are as long as they can be friends to me. I am talking about real friend. But only if it is really necessary. To be honest with you, it is much better not to tell anything to anybody b e c a u s e ............You know what I mean by this! This place is not safe to hang out with anybody, so keep your things to yourself. The remaining feelings,
four inmates chose to share their
and problems,
only with the guards and officials,
whom they consider to the most useful and reliable. the ones who are put
in charge by the government
inmates with their problems.
They are
to help the
One inmate said:
I do not know why my other fellow inmates are reluctant to go to see the guards and officials if they have problems. They can tell them and they are good people. They can easily help us down here. They are whom we are supposed to rely on. Not to others. They are in charge to help inmates here. We need them and depend on them. They are not bad people. They are human beings, so they also need to be understood. I just do not want to have trouble over here, For me, I always choose the safest way to deal with my life. There are two main points that I can I draw from this data.
First,
the high percentage of inmates
to share with their
fellow inmates
(63%)
who chose
from the same ethnic
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282
background, are
indicates that group alliances within the prison
formed based on ethnicity.
alliances
and religion.
This
is a mul ti-cultural
groups and each of them has Indonesia
ethnic
transcend alliances based on education,
social status, Indonesia
In other words,
is expected since
society
(over 200 ethnic
its own l a n g u a g e ) . Furthermore,
is an archipelago country
(over 13 thousand
islands)
that geo gr ap hi cal ly separates one place
another.
Based on this,
the United States,
age,
from
the notion of a "melting pot"
seemingly does not exist
like
in the
Indonesian society. Second,
the
fact that there
is a high percentage of the
inmates who do not share with anyone, trust among these makes
inmates.
the inmates validates that
They suspect each other which
them insecure about sharing.
finding in question feel
1
indicates a lack of
This strengthens the
(Safety), which provides
insecure within the prison.
the finding in question 2
92% of the inmates
support,
opportunities,
This also
(Activity)
which shows
find themselves without a routine
activity which can provide them opportunities know,
that 87% of
and help each other.
to get to
By not having these
the inmates obviously do not trust and
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283
respect each other.
Related to this
percentage of inmates guards or officials,
(6%)
the very low
who are willing to share with
undoubtedly proves
not trust the authority either. (Assistance
issue,
that the inmates do
The finding in question 6
from guards or officials),
which provides that
77% of the inmates do not get any help from the guards or officials, willing
is sustained.
This
6% of the
inmates who are
to share with the guards or officials,
I believe,
are those who enjoy privileges of having good relations with the guards and officials.
They are the white collar
criminals who can provide goods, etc.,
such as money,
to the guards and officials.
officials
the guards and
treat them very well.
12. This question inmates
In return,
facilities,
The 3est and Worst Experiences focuses on the life experiences of the
inside the prison:
experiences.
the best and the worst
The objective of this
is to find out what makes
the inmates to be comfortable or uncomfortable within the walls.
Again,
this question will cross examine the previous
questions asked. With this question,
there were 70 inmates
(89%)
who
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284
answered that nothing can make them feel comfortable inside the prison.
They claim that whatever the institution does to
make them feel comfortable, process of the
always
fails because the whole
justice system in Indonesia does
the opportunity to the inmates institution of prison,
for a comfortable
in short,
not provide life.
The
cannot be and will never be
able to be an institution that can provide a comfortable life to its inmates. suffer.
It is designed to make the inmates
In this respect,
one inmate said:
Talking about a comfortable life or the best life experiences down here, is something that does not exist. Life down here is unspeakable. It is just miserable life, so we experience nothing to makes us comfortable. Why? It is very simple. Since we were given unfair trials and are treated poorly here, there will be no best experiences. Do you know what I am talking about? Even though they bring the Lord coming down here to manage the prison in order to provide us comfortable life or best experience, I believe, the Lord also fails in doing the job because the entire justice system fails to v/ork. No justice is found in the system, so the prison institution cannot provide us best experiences. Not at all. Therefore, I do not have anything to tell you about the worst life experiences down here because I have nothing to compare. Ok! Sharing the same views with the above inmate,
another
inmate pointed out: I am kind of reluctant talking about the best life experiences that I have here because it seems to me that I never had one. I have been here for more than a decade, but I never feel comfortable about anything here. Since I do not have a comfortable life, I should not talk about this subject. I just do not know what
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285
the best experience that I can tell and share with you. For me, from the time I was convicted until now, I am d es tin ed not to have good life experiences. I think I am desti ne d to be uncomfortable about anything inside this wall. I am uncomfortable about my fellow inmates, guards, officials, my cell, my everything. Therefore, I prefer to change the subject. The high percentage of the inmates
(89%)
who feel that
they do not have best experiences within the walls can lead one to conclude that the prison cannot provide a comfortable life
to its inmates. Nonetheless,
the best visitors, news
6 inmates answered that
time they have in prison is when they have as long as those visitors do not tell them bad
from outside,
family members.
especially bad news
regarding their
One inmate told me:
I know that life here is miserable. However, I still have the best time, namely the time when visitors come. I am always happy spending time with them. The more often and the longer time they spend with, me, the better my life. Chatting and sharing stories with visitors always make me forget the hardest life here. Unfortunately, they are allowed to visit us only twice a week and spending only one hour each time they come. I wish they can come here more often and stay abit longer with us. Can you help us for this thing? I will appreciate it. These inmates wish to have visitors as often as possible and the longer their visitors the becter they feel. within the wall
spend time with them,
These inmates acknowledge that life
is miserable,
but having visitors can ease
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286
their suffering.
These
inmates view and
way to compensate their burdens
feel that the only
is to let their visitors
come visiting them as often and long as possible. visitors
In short,
for these inmates are real entertainment.
With the same question
(best e x p e r i e n c e ) , 4 inmates
refused to give any response.
These inmates
the issue without any particular reason.
simply avoided
However,
by
und erstanding and looking at the way they av oid ed the question
(body language)
telling me
"you know what
by shaking their heads while I m e a n , " I believe
that these
inmates do not have any good experiences wit hi n the wall either. Regarding
the worst
all my respondents
(100%)
life experiences
behi nd the walls,
answered that being disliked or
hated by the guards or officials was the worst experience within the prison.
To this,
listen to what an
inmate told
me: My friend, I came down here when I was still 24 years. Now I am almost 35 years old. I had an experience locked in a special dark room because I hit my fellow inmates. I experienced to be hated by fellow block mates and they even hit me at the same time. But all the experiences were nothing compare to being hated or dis liked by a guard. Man, I am telling you honestly. Hey, looking at my eyes while I am telling you this story. I want to let you know how honest I am in telling you this story. If one guards or official dislikes or hates you, you better pray, it is the worst
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287
one. You just go to the mosque praying all the time because only God can be your friend. You know my dear, if they dislike you, they can do anything to you. Your best inmate friends can turn to be your worst enemy inside here. I experienced that kind of life for three times already. I am the most knowledgeable person in this place about this experience. You do not have to go to ask somebody else for this issue. Just ask me. I am always available to talk to anybody on this subject. Anytime and place when you need me. I will be there to tell you my stories and experiences. In the same manner,
one inmate told me his story:
I am a good Moslem, Ok! I always tell the truth. My religion tells me not to lie. I hope you believe me on this subject. I saw my cell mate being disliked and hated by only one guard simply because my cell mate did not satisfy his request: sharing his money that he got from his family. You know what happened, the week after that, all of the guards who were in charge in our block, probabl y nine guards, hated my cell mate. I just cannot fucking believe that they hated my cell mate. That man (my cell mate) is the nicest person in this wall. He goes to the mosque all the time, reading books, helping others, sharing his stuffs with his fellow inmates. He is so sweet. From that time, my cell mates started isolating himself from the crowd. In the eyes of the guards and officials, my cell mate was an evil. We all confused down here because he is the sweetest man. I felt sorry for him because everything he did was wrong. He was moved to another block recently and we do not know and hear anything about him ever since. I heard a rumor that he suffers from mental illness these days. From that experience, I told myself that the worst life experience is to be hated or dis lik ed by those bastards called guards and officials. Please do not tell them about this story. I know you are a good Mosl em because I saw you many time at the mosque, so you are not going to give a trouble, right? The high percentage of inmates
(89%)
who feel that they
do not have any good or positive experiences within the
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288 walls and 1001 of the inmates who experience life experiences within the walls by the guards or officials, believe
This data I
is the result of the inability of the institution to
This data
institution as 100*
is shown in question number 8
of the I n s t i t u t i o n ) . In addition, of the guards
or officials
professionally, (Assistance,),
where
can provide something
to have bad images
In this
respect,
guards and officials corrupt officials.
This data
Departing most of the
Help comes
in return.
inmates see the
power abusers,
and
it is very logical
7
that
feel they do not have positive Due to the unlimited power
and officials have toward the inmates,
also very logical
This
and Officials; .
experiences behind the walls. that the guards
that they do not
is shewn clearly in question
from the above data,
inmates
6
toward the guards and
96* of the
as exploiters,
(Images Toward Guards
(Function
the inability
from the guards and officials.
the inmates
inmates
to perform their duties
7 3 v inmates experience
only when the inmates
officials.
it reflects
as discovered in question number
receive any help
leads
is to be hated or disliked
is not surprising.
function as a rehabilitative believe.
that the worst
that
100* of the inmates
it is
feel that the
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289
worst experience or time that they have inside the prison is when they are disliked or hated by the guards of officials.
13.
Source of Stress
Stress obviously affects everyone. of the stress refers leads
is different
However,
from one to another.
Stress here
to a mental state or condition of the inmates that them to have bad mood within the wall.
question because as high tension, inmate
the source
I discovered,
high vigilance,
I asked this
life within prison creates
and a lack of trust,
is in a stressful environment.
important to find out what contributes
Therefore,
so every
it is
to or causes this
within this environment. This question was answered by 74 inmates claim that the main the source of stress the guards and officials. number
12
(89%)
is the treatment of
Similar to the finding
(the worst experiences),
these
who
in question
inmates experience
that being disliked or hated by the guards and officials
is
the main source of stress behind the wall because the guards and officials can make the inmates'
life is miserable.
An
inmate angrily explained to me: It seems to me that you just want to examine my knowledge and experiences here, don't you? I hope you are not spying on me. No, no. I am just kidding. Do not
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290
take it personally, ok ! Source of stress, right? It is very simple. Every thing starts from and ends on the guards and officials. My dear, I think I am the most knowledgeable person within this com munity here. I know because I have been passed through with my thirteen years here. If you have a headache, you just got to beli eve me that it starts from the guards or officials. If you want to heal it, it also starts from the guards and officials. What I am saying is that if those misters (guards and officials) dislike and hate you, it is going to be a miserable for you. At the same time, if those misters are nice to you, your life is just in heaven. Do you know why? Because they are the one who are ent it le d to decide what your life is going to be and which dir ection in life that you have to take. Isn't simple? Don't you agree with me? To me, I do not need that dumb bloody health center. I never got any sick down here as long as those misters do not dislike me. That is my opinion and experience are all about, get it? An ot her
inmate told me similar opinion:
Sir, I have three cell mates. Those three gentlemen always got sick all the time. They always go to see nurse or doctors, but they still get sick. I sometime feel sorry for them because they just do not have a such good time inside here even though they have al re ady been here for a quiet while. I later found out that actually they do not have any physical sickness, but a kind of mental depression because whenever they finishes sharing their feelings and complaints, they just got a bit better. After learning their everyday lives, I came to the conclusion that the main problem that they have is their relationships with the guards and officials. They just do not get along with each other. That is why they always feel stress and being ali enated from the crowd. They often avoid to see or even hear the words guards and officials because they hate them. One of them ever told me that he was plannin g to commit suicide because he could not stand with the guards who is always in charge in our block. He just hates him. Another one told me two years ago that he would kill a guard because he always felt being te rrorised by him. He even asked me to join and execute
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291
his plan. Please do not get me wrong here. I am not saying the guards and officials are bad people. What I am saying here is that most of us down here got sick because the guards and officials. I myself never had big problem with them because I know how to please them. I just know how to deal with them. No problem. I know that you understand what I am saying here, don't: you? Oh, one more thing. I always hear my fellow inmates down here talking that they cannot sleep at night whenever they had argues or failed to meet what the guards or officials want from them. I am telling you these things honestly. Amon g these inmates who
feel that being disliked by the
guards and officials are sources of stress within the walls, there are 4 inmates said that source of stress affairs.
These inmates get
stress when they hear that their
families outside the wall have problems, sick,
accident,
inmates
and die.
is family
such
In addition to this,
as getting there were two
refused answering this question simply because they
did not want This
to answer i t .
finding
(89% of the inmates experience that being
disli ke d or hated by guards and officials are mainly sources of stress) in question
is not odd because the inmates 12
(The Worst
Experience,)
feel as indicated
within the wall,
be hated or disliked by the guards and officials. in question 5
is to
Moreover,
(Order of the P r i s o n ) , 84% inmates see that
the order of the prison is very inconsistent because the law and the order are the guards
and officials,
so the order and
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292
the law solely depend on the guards and officials. question
6
(Assistance,),
got any assistance needed.
Ac co rdi ng
78% of the inmates
Then,
in
said they never
from the guards or officials when they to these
inmates,
the guards and officials
assist only to the inmates who can provide or offer them something in return.
Having had 94% inmates who
source of the stress
is the bad treatment of the guards or
officials findings
(disliked or hated) in question
(the Worst (75%)
5
have bad
images
toward the inmates,
(Order of P r i s o n ) , 6
Experience)
feel that
are sustained.
the
(Assistance), 12
Therefore,
the inmates
toward the guards and officials as
shown in question 1 (ImagesJ. It is my
firm belief that the data shown above occurred
as the result of the unlimited power that the guards and officials have based on the Law of Prison of Indonesia of 1917
(Gestichten Reglement
1917 ).
This
law is still
the
heritage of Dutch that reflects the attitude of colonial powers
toward its colony.
Moreover,
this law consists of 115
provisions and only two provisions that deal with education, training of the
inmates
that can reflect the institution of
prison as a rehabilitative institution. provisions
The rests of the
are about duties of prisoners and rights of the
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293
guards and officials. Chapter 4
This
issue is deeply elaborated in
(The Indonesian Prison System),
14. The main purpose
The Law of Prison.
Family Background for asking this question
is to find
out whether or not there is a correlation between family background and the criminal activities that the inmates had committed.
This
includes an exploration of the role models
of the inmates within the family their parents
raised them,
they grew up in, home their
inmates
(94%)
kind of social environment
whether the inmates grew up within broken
families or not, families.
what
(mother or fa th er) , how
and whether
religion is practiced in
Regarding role models within the family,
75
chose their mothers as their role model and
five chose their
fathers are their role model.
72 inmates
said that they were raised in a family with
very strict
(96%)
rules,
in terms of not having a say when
deciding what to do in their lives, decided by their fathers.
that is,
everything was
Only 8 inmates said that their
parents never cared about what
they did and what
education they wanted to have in their future. inmates
(53%)
In addition,
kind of
Moreover,
admitted that they are from broken homes.
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42
294
This data tells us that the inmates grew up in an environment where they were unable to have choices lives.
The
inmates were unable to decide which direction or
path to take their
in life because everything had to be decided by
fathers.
This
is understandable because
society is still guided by a patriarchical provides Mothers
in their
Indonesian
system which
unl imited power to fathers within the family. and other members of the family under this system
have no say.
Listen to the story of one inmate:
Dear, I am always uncomfortable to talk about my past because my past was very bad. My father did not give me any options in my life. He always wanted and insisted that I study religion. Only religion. When I did not comply with what he wanted me to do, he never was in a good moods. Unfortunately, my mother was unable to do anything even though she loves me very much. She was powerless. Since I could not get along with my dad, I ran away from home when I was only fourteen years. I did not have any chances to have a good education. And here I am, 28 years old, being in this wall as a criminal. I am so sad and mad that I ended up down here. I just could not see and hear anything from my dad. But what can I say, he is my dad. For a Moslem, dad is dad. Do not even question his existence: otherwise, you are going to be condemned by God because questioning the existence of parents is a big sin. I am telling you the truth. I wish that my dad was not too strict with me, so I could be like you who has good education. That is why I always love my mother and dislike my dad because she was always on my side. My m o m is my hero, not my dad. A no th er
inmate shared a similar story:
Well, actually it is a shame to say that I love my mot he r much more than my dad because my m o m is a lovely
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295
mother. She always understood what to do and which direction I should take in life. But my dad, forget it. Describing the strict environment where the inmates grew up and their lives mostly ruled by the domination of their fathers,
94% of the inmates acknowledged that
grew up in very strict environment.
they
For these inmates,
the
only rule that prevailed was the order of their fathers. Fathers are the decision makers are the rules.
for everything and fathers
An inmate expressed himself by saying
:
I cannot even recall what my childhood was about because I did not have any good memory about that. The only thing I can remember is that I grew up in very abnormal way because I was forced by my father to do what I was not willing to do. I could not go out for instance during the night. I got to go to the mosque every prayer time. When I was in a high school, my father still led me to chose natural science as my major even though I was unable and I hated it. That is the reason why I quitted school and ran away from heme. I just did not have any say in my life. The environment where I grew up was a miserable environment. It was very strict. The only thing I had was prohibition. Not to do this and that. What can you do under that kind of life? Nothing, right? I hope you can share with my pain, brother! The same story came
from one inmate:
Talking about the environment where I grew up? It was a very bad environment. The rule and ruler of my life was my dad. In addition, society also dominated us because it seems to me that everything has to be based on tradition. You cannot do this, you cannot do that. There was nothing that we could do. Everything was prohibition. What can you expect from me, someone who did not have any freedom to do good things based on his willingness. Nothing. I wish I could go back to my
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296
past, my childhood and prepare myself to be better, to be a good citizen. Believe me brother, if I had a good childhood, I would be a Nobel prize winner. I am a very smart man. I can understand things easily. I used to dream to study in Holland, but things were ruined by the strict rule of my family. I could not take it, so I left home at an early age. It is a very sad story, isn't it? But I promise myself to raise my children in a nice way, if I have them. I hope I am the only one who does not have any good memory in his childhood. Of those 53% inmates who said that they are from broken homes,
one of them said:
My parents got divorced when I was still in kindergarten. They always fought before they got divorced. I always saw my dad slap my mom on her face. She just cried all the time, but she never told me why they fought all the time. My two older sisters left heme and stayed with my grandfather. My life was marked by domestic violence. I feel sorry for my mom. Similar to this story,
one inmate insisted that I
listen to his story: To be honest with you, I had bad time in my past. Bad time. My parents got divorced because my mom could not take the way how my dad treated her. My dad had two other wives and whenever he came home, he just got mad without any reasons. He often time broke and threw our furniture away through the window. If he could not do that, my m o m became an object of physical abuse. That is way I started learning martial arts in my early age, simply to protect myself. When I felt confident about myself, I started practicing my martial art training by hitting or punching my neighbors. They hated me because I behaved improperly. Since I did not have anyone to be with, I became wild and ran away from my family, from my society. And here I am now, a criminal, a murderer. Being a religious person does not guarantee being a
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297
good fellow citizen. discoveries
in prison.
are from religious religion,
This assumption is proven by my Eighty inmates
families,
said that they
in terms of practicing
such as praying and fasting during the Ramadan for
Moslems and attending church services this
(100%)
issue,
for Christians.
On
one inmate pointed out:
I was born and grew up in a very religious family. My hometown is well known as the best place to study religion because we have some charismatic priests there. Ail my family is religious too. I personally grew up at the mosques because every boy in my hometown had to spend his childhood at the mosque to learn Islamic religion. In addition, I learned the Arabic language since I was seven years old. That is why I am still able to read and write Arabic now. I started praying when I was only five years old. Not only me, but every boy and girl in my family and my hometown had to do that. Having had this, nobody ever imagined that I would end up my life in this wall as a criminal. I was still a good man when I was in high school. 3ut you knew man, cur destiny sometimes takes us to a different direction in life. I sometimes cry in the middle of the night to remember all those criminal activities that I committed. I always feel that I am an unfcrgiven human being now because I learned all the aspects of my religion but at the same time I did all the prohibitions of my faith. It is a shame actually to tell you this story, but since you are here to share, I feel good to tell you. One
inmate
then told me a similar story.
Sir, I was used to being at church because I was born and grew up in a very strict Catholic family. That is why I mo stly spent my childhood time at the church with my family. I was recognized as an exemplary good boy at the time. I did well at school as well. 3ut I just cannot even think why I am here, being a criminal. You may think that I lie to you. I still pray now even
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298
though I have been convicted three times already. But this is just between you and me, ok! Please don't tell anybody about this story. The above data indicates the
that the family background of
inmates contributed significantly to the criminal
activities that the inmates committed.
Of particular
importance was the role of those fathers that did not provide alternative ways of life to their children. Moreover,
the fathers who were power abusers paved a way for
their children to leave home at an early age with angry motives.
This
led the children to take an unusual direction
in their lives. inmates the data In sum,
Unfortunately,
religion cannot prevent the
from committing criminal activities as indicated (100% of those inmates are from religious
family).
the influence of family and societal values
(patriarchal
system that provides an opportunity for fathers
to have unlimited powers within the family) dominant
in
than religious values
is much more
in shaping the behavior of
the inmates.
15 .Images Toward Fellow Political This question criminal
Inmates
is aimed to examine whether or not the
inmates have good images of their fellow political
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299 inmates.
The focus of this question is to explore the
dynamic between the two groups of inmates: political.
In this
respect,
interact among themselves, the guards/officials,
criminal and
how the political with
inmates
fellow criminal
how they adjust
inmates and
to the prison life,
and what they do in their every day life activities,
are the
subject of scrutiny. With this question, not like their arrogant. inmates
fellow political
(10O'
said that they do
inmates because they are too
In the eyes of the criminal
inmates,
the political
like keeping their distance and they look down or.
them. Moreover, chats
30 inmates
the political
inmates do r.ct like to have
and use prison argot as a way of communicating with
the criminal themselves.
inmates, Therefore,
and they do net ever, scciaiice among the criminal
ignored by the political
inmates.
inmates do r.ct like the political view the political
Furthermore,
feel
the criminal
inmates because
in their
political
they were sent to prison. inmates simply exploit
people for their own political purposes. criminal
always
inmates did not do anything to improve
the lives of people before In their opinion,
inmates
inmates view political
inmates
the
In addition,
the
as a danger because
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300
they can influence others beliefs and destroy the nation. However,
the criminal
inmates acknowledge that there
are some values that they can inmates,
such as politeness,
thinking and dreaming.
learn from the political optimism about life,
Moreover,
the political
profound
inmates can
be examples of not making trouble within the prison, hierarchy among themselves, time,
of no
of reading or studying all the
and of not bribing the officials and guards. To these
images,
one inmate expressed himself:
Those political inmates are dangerous people because they can destroy our beliefs by asking us to be communists (atheist), and some of them want to destroy the nation by establishing an Islamic nation. It is not good for us. Apart from their beliefs, I do not like them because they are ignorant and anti-social. They just like isolating themselves by reading all the time in their rooms. They don't want to chat with us and use our prison argot. You know, if we live with the same environment, we should think that we are living on the same boat, so we have to share everything. Looking at them, they do not even socialize among themselves. They just like to be alone. They are just different from us. Of course, they are smarter than us, but they do not have to look down on us like stupid people. The good thing that we can learn from them is that they are always optimistic about life here and out there. They always say if we have front entrance, we must also have outdoor entrance. Another good thing from them is that they always cope with their lives maturely and they feel no stress at all. I was wondering why and how they do it? Anot her
inmate presented a similar expression:
Well, I admire them because they are smart. However, I cannot hide my feeling that I cannot stand
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301
them because they just do not like socializing with us. I suspect that they think of us as bad people all the time. Yes, we committed crimes out there, but we are good citizens now. We confessed already, so they should know that we are clean already, nothing to be afraid of. I think this really bothers me about them all the time, is that they don't want to come to us to share experiences. They like keeping their distance from everybody, including their fellow political inmates. I heard that they were leaders outside, but they do not know how to lead because they do not like approaching people. What kind of leaders are they? However, we have to give them a credit about one thing, they do not have any hie rarchy among themselves. For us, criminal prisoners, we have a strict hierarchy. The more severe the criminal activities we committed outside, the more chances we have to be a leader and respected among criminal inmates inside this wall. They just do not have that kind of hierarchy. It is good in one way. I think that is the only thing that I can say about political inmates. Please do not tell them that I told you this story. I may have problems down here. They are influential men, so they can hire someone to kill me in the middle of the night here. Promise! These views of the criminal political who are
inmates
toward their
inmates are supported by the guards
in charge of handling the political
cross-ex ami ned these officials.
and officials
inmates.
They admitted that the political inmates,
inmates do not
nor with their
political
inmates.
political
inmates are always optimistic and never
Moreover,
I
findings by asking some guards and
socialize with the criminal
stress.
fellow
They also agreed with the
fellow
fact that the feel
the political inmates do not use prison
argot and do not like creating problems within the walls.
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Based on these findings, political
inmates do not socialize as the criminal inmates
do because
they do not have as much time.
lives to run, criminal
it is obvious to me that the
They have their
namely reading and studying,
while the
inmates do not have these activities.
point that we can learn from these findings opinion of the criminal are dangerous
The next
is that the
inmates that the political
to their beliefs and nation,
influenced by the institution.
inmates
is surely a view
Those criminal
inmates were
told or convinced by the institution that the political inmates, dangerous
especially the communists and extreme Moslems,
are
to religion and the nation since those two groups
carry their own political
ideology that is against
est ab li sh ed national political views of the criminal
inmates
ideology.
the
This causes
toward the political
the
inmates
to be very biased. In addition,
I also believe that the criminal
have negative images of the political
inmates
inmates because of the
tendency of the institution to constantly divide these two groups of inmates.
The institution does not want them to be
unified because they are afraid that the political inmates may stimulate the criminal
inmates to riot.
In other words,
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303
the institution believes that the political
inmates can be
intellectual actors of mass riot within the walls.
This
belief is strengthened by a statement made by an official: “We enforce the rule strictly to the political
inmates in
order to prevent them to deal with outsiders while the rule to the criminal
imposing
inmates in order to preserve the
order of prison for their own sake.
3. The Unforgiven Fellow Citizens This
is the third major part of this chapter that deals
with the political questions,
inmates.
fifteen open-ended
twenty out of less than eighty political
expressed themselves. activities,
views,
justice system, Those
Answering
inmates
They revealed their every day
thoughts on guards,
the future,
officials,
and fellow criminal
Indonesian
inmates.
inmates were asked the same questions and applied the
same method that However,
I asked and used to those criminal
their responses
Furthermore,
inmates.
to those questions differ.
the political
inmates answered my questions
straight
forwardly and without any hesitations.
criminal
inmates who often times said do not tell anybody or
this
is only between you and me,
the political
Unlike the
inmates even
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304
insisted that I write what they told me.
1. Safety Safety in terms of feeling secure or insecure e ve ry da y life in the prison environment important aspects of life that the prison walls.
First,
inmates have within the
prison is a new environment
inmates and is totally different
environment,
namely the
environment,
it is,
not
free world.
therefore,
occupants
Second,
Since prison is a new
necessary to ask whether or feelings
of prison are law breakers which suggests
to their fellow inmates
breaking
for the
according to the state or government,
is possible for them to break the prison threat
the law outside.
threat to the others.
for
from their original
the new environment creates secure
inmates.
is one of the most
There are two major reasons why this question
needs to be asked. the
in
the
that it
law and become a
since they had a record of
Each inmate,
in short,
In these circumstances,
can be a
it is very
important to find out whether or not lawbreakers can get along with each other within the same environment. Responding this question, they always
feel secure
17 inmates
in prison.
(35%)
said that
These inmates said that
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305
they do not have any reasons to find anything to be afraid of.
The prison environment
free world, to adjust
is definitely different
but since they have to be in prison,
to the new environment.
Moreover,
they have
these inmates
believe that as long as they do not bother anyone, would bother them either,
from the
no one
but once they bother someone,
person or somebody else would cause problems
that
(do the same
thing to h i m ) . They believe that the principle of reciprocity always prevails. answered that they always
However,
three of them
feel insecure within the prison
especially in connection with the guards can make their scared of their
lives miserable. fellow criminal
bad records on the outside. secure
(15%)
These
and officials who
inmates are not so
inmates even
though they had
One of those who always
feels
inside the prison told me:
I do not know where to start to answer your question, son. Why don't I start by saying if you hit someone, he or somebody also will hit you back. But if you are nice to people, they will also be nice to you. I have a strong belief on that. The answer, yes. I always feel secure here because I know myself. I am confident about myself that other people will not hurt me because I never hurt anybody. I always think in positive way. The fact that prison life is crazy because its occupants are criminals, well, nobody denies that. But, and but, we should not start thinking and behaving with bad images or assumptions. We got to be optimistic about everything, es pecially dealing with human beings. Remember, those my fellow criminal inmates know that we are not criminals, so they should
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306
not suspect us, like they suspect their fellow criminal inmates. In fact, I have been here for almost two decades, but nobody ever came hurting me. I have my own life to run and they have their own. I just do not find any reasons why they would hurt me. Since I do not find any reasons that they hurt me, I do not have any reasons either to feel insecure. Did I answer your question already? Sharing with the above view,
one inmate expressed
himself: Well dear, your question is easy to answer. No, I do not have any insecure feelings down here because I trust people. I am destined to be self-confident. I always believe in the reciprocity principle which means that if you grew rice, you will yield rice, never tomatoes. If you hurt somebody, he or another person will hurt you back. I never and will never hurt people, so I believe that nobody will hurt me. I believe this notion and I have already proved it for the past 13 years of being here. I just keep distance from people, so they have nothing to deal with me. Since they do not have to deal with me, why should I be insecure? No reason, right? Another thing that makes me confident about myself is that we, the political inmates, are not criminal that need to be suspected. We are not. We are the heroes, at least in our belief, so my fellow criminal inmates know this. If they know that we are their heroes, they absolutely will not hurt us. You just got to believe me on this matter. Dear, let me ask you something. Do you think there is a human being who will hurt you if you were his hero? No, right? He absolutely will respect you. Am I correct? Since they respect me, there is no reason to be afraid. One of these who feel insecure, with the guards and officials
especially in dealing
said:
To be honest with you, I feel insecure down here. Not because my fellow inmates will come to hurt me. Not that kind of feeling. I feel insecure simply because the guards and officials may jeopardize my life here. I
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307
got tc be careful dealing with them. My life depend on them. If they write bad record, then I will be bad citizen. And you know, the difference between bad and good citizen inside this wall, is very thin. That is why I always feel insecure because no matter how good I run my life, if those guards and officials want me to be a bad citizen, I will be a bad citizen right away, regardless my good past record. That is the only thing that makes me feel insecure here. Nothing else. In contrast to the criminal
inmates
insecure within the prison walls, favors
in a secure
(85%)
political prisoners. strong
the data presented above
feelings within the walls among the
I believe this data
feelings of the political
outside the prison was
right,
inmates
therefore,
so they are the heroes of the people. they are heroes, people would inmates.
87% of whom feel
is led the by that what they did people are happy,
Since the believe that
it is also very rational to believe that
like them,
including their
With this attitude,
fellow criminal
the political
inmates
undoubtedly believe that nobody will hurt them. they feel secure within the walls. confident about themselves. political
inmates
strong belief,
That
This strong belief allows
to adjust to life within the walls.
in addition,
inmates
is why
is why they feel
indicates
the This
strong and different
attitudes between the political and criminal criminal
That
inmates.
The
feel insecure within the walls because they
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308
know that what they had done outside was wrong and illegal. Since they are aware of their mistakes, guilty and suspect
they always
feel
their fellow inmates who made similar
mistakes. The fact that
15% of the political inmates
insecure within the walls,
feel
is an indicator that the guards
and officials treat them unprofessicnally because these political
inmates
officials,
feel insecure only towards
not towards their fellow inmates.
the guards and This
issue will
be elaborated on and cross-examined again in the questions (Order of Prison), and Officials),
8
6
(Assistance),
7
(Images Toward Guards
(Function of the Prison),
and 13
(Sources
of S t r e s s ).
2. Activity This question
refers to the inmates'
routine in
everyday life in terms of activity that is provided, offered,
or planned by the
here means
institution.
Moreover,
activity
something that the inmates do in their everyday
lives which can create skills,
knowledge,
and money as
provided by the institution. With this question,
100% of the inmates answered that
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5
309
there are no activities provided by the institution. do,
however,
their own
They
have routine activities that they create on
initiatives.
To this
issue,
one inmate said:
Son, actually you do not need to ask me this question because you have already witnessed through your own naked eyes that we have nothing to do h er e, in terms of doing something that the institution provides. Not at all. However, if you ask us about doing something else, such as cleaning the mosque, park, yard, attending prayers, then we are so busy. We do not even have time to write letters to our families. They have what they call workshop or prison industry, but they are only labels. Basically they are empty advertising. I have been here for a quarter of a century, but I never had what you mean by activity. You know, I have busy schedule to make guitars or other kind of small household furniture, but I do it in my own way, with my own tools and capital. I always ask my other fellow inmates, regardless of their backgrounds, to join me in order to fill up our time here. I teach them how to be creative and earn a little money. Some of them came to me and later ran away, some of them stay with me. I do not insist on them staying. I have to understand my position, as a political inmate. They, especially my fellow criminal inmates, are reluctant working with me because of my status. They feel they are being suspected also. I understand that. I and other fellow political inmates are the unforgiven fellow citizens here. I, especially, have to be cautious about this, so I cannot force myself to teach the others. I hope you understand what I mean by this. And you certainly can write what I just told you. Let's go back to our main conversation, activity. I do believe that we do not have institutionalized activity. I wish we had one, so the inmates can enjoy their lives and earn skills as well as money while spending their time here. Unfortunately, we do not, so we have to do something that we create by ourselves. Similarly, Wow!
one inmate explained:
You asked me a very tough question but there
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310
is a simple answer. Activity that can create skills, knowledge, and money are nothing here. That is why there are some inmates who were released and are coming back here again. Do you know why? It is simple. They did not find society as their homes anymore. Society rejected them, so they did something against society in order to come back here again because prison for them is the only place where they can live. Are those people aware of this? I do not think so. I think I talked too much already. Let's go back to our main discussion, activity. We do not have routine activity here." The above data is similar to the data that with the criminal
inmates
I discovered
in which 91% said that
have any activities provided by the institution.
they do not This
convincingly shows that the institution of prison does not have real plans, to the inmates to the inmates. facilitates inmates. religious
in terms of offering or providing activity
that can provide skills or knowledge or money However,
or allows
These
the institution of prison always
for religious activities
for the
religious activities are organized by the
non-gcvernmental organizations,
so basically the
institution of prison does not do anything except give permission.
3.
Privacy
Since life within prison walls vigilant,
and has low trust,
is tense,
it is therefore,
highly necessary to
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311
examine the concept of privacy. space:
whether or not the inmates,
physical overstimulation, quiet,
Privacy here refers to
isolation,
have a preference for peace and
and absence of environmental
such as noise and crowding. the inmates
due to social and
to have his
his or her reason why,
In
or her
this
respect,
irritants the desire of
own private space
(room) and
is the major point of scrutiny.
With this question,
20 inmates
(100%)
answered that
they do not need any privacy within the walls because they have already been isolated from their own society. they do not want to feel inmates,
further isolation.
Thus,
For these
privacy can lead to further isolation and create
physiological problems,
such as feelings of abandonment or
dislike.
one inmate pointed out:
On this
issue,
I do not need time to answer your question. I can tell you right now chat I do not need any privacy. For me, privacy is a western concept which indicates individualism. Remember, we are eastern people where togetherness (kebersamaan dan gotong royong) is our primary cultural values. I fought against the Dutch during the occupation to defend this value, so please do not ask me whether or not I like or need privacy. No, I do not. I just cannot imagine that someone can be in his room and lock himself up like someone who has a mental illness. Besides, when I was outside, I was a leader, so I had so many people putting responsibilities on my shoulders. This means I just cannot lock myself up, far away from the crowd. I like to be with others ail the time. Dealing with people is always good. It makes me alive and makes my day all the time. You better believe me, I dislike the concept of
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privac y because I am from a huge family. I have brothers, sisters, aunts and uncles. We lived together in one house, so I got used to being around many people regardless of the time: night, morning, noon. I just like to be with ma n y people. Not just mys el f like a dumb person. It is not me. No, no, not me. Not different
from the above view,
one
inmate told
me: Oh God. It seems to me that you are examining my pe rs ona li ty and attitude, whether or not I have changed, aren't you? I have not changed at all from the time I got in here over ten years. I am still the same. I dislike the idea of privacy. This notion corrupts our very fundamental value, togetherness. Privacy indicates s eparation from the people. Tell me if I make a mistake to understand ycur question. To tell you frankly, the idea of privacy in our society should not exist. Our society is based on communalism in terms of sharing things. Unlike in western society, everything has to be defined by mine and yours. In our society, son, that kind of idea should not prevail because we are different from the west. Let's go back to our earlier conversation, privacy. I just cannot stand it because I am still a normal human being who needs people to acco mpa ny me regardless of having good or bad time. Believe me son, once the people start talking about privacy, it a sign of the degradation of our society. It is a clear sign of the destruction of society that we need to defend. I hope you people, the young generation, can agree with me on this critical issue. Remember son, our ancestors gave us so man y lessons and wisd om that we need to preserve, simply because we believe that our culture is a good culture. But I heard that the young generation today is different from my generation. Your generation has been co rrupted because you are being we st ernized without realizing it. Well, I think I talk too far from the subject, right? About pr iv ac y that you asked me in the beginning, I think no one here needs it because we are being isolated already from everything, so by having privacy, we are being isolated twice. You knew, even a donkey never makes a mista ke twice. This means that since we are normal people here, we do not want to be isolated twice, get
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313
it son ? Please tell the world that I told this story to you, so the rest of the world can know that we are isolated here, would you? The data presented above clearly shows political and criminal privacy.
Both
very obvious
that
this
like to be with other people is a clear cut difference
(communalismfrom Western
which puts much weight on Individualism.
Indonesian
feel respected when they are with other people.
respect,
It is
from an Indonesian cultural perspective,
c o l l e c t i v i s m ) . This
people
inmates share the same views on
groups of inmates do not need privacy.
Indonesian people
culture,
that both
hatred,
distrust,
In
and discomfort among the
inmates are all transcended by the main value of life of Indonesian people, namely communalism. concept of privacy
is a new concept
That is why the for the inmates.
It is
a
strange concept that isolates them from their society or roots.
For Indonesian people,
not being with a group means
being abandoned by the society.
For Indonesian people,
being
abandoned or removed from society is the hardest punishment that the society provides. inmates as well as
This explains why the political
criminal inmates of Cipinang Prison
strongly refuse the concept
of privacy even
and experience that life within the walls
though they know
is highly tense,
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314 uncomfortable,
uncertain,
4. Since families,
and sensitive.
Emotional Feedback
the inmates are uprooted from their homes, colleagues,
or friends,
it is therefore,
to find out whether or not the inmates visitors.
like to have
This question aims to explore the
inmates when they have visitors:
important
feeling of the
happy or unhappy.
In
addition,
it is also important to discover
question,
whether the visitors encourage or inspire the
inmates to keep their hopes alive,
from this
or whether they may even
discourage and pose personal burdens on the addition,
inmates.
In
the question of whether or not the presence of
visitors can be symbol of respect, care for the inmates,
appreciation,
love,
and
needs to be addressed by the inmates.
Answering this question,
17 inmates
(85%)
said they do
not demand that visitors come on regular basis and three inmates avoided answering this question. demand visitors on a regular basis, that visitors are symbol of respect,
Those who do not
however, love,
acknowledge
and care.
These
inmates admitted that visitors most of the time create problems
for them because of two main reasons.
First,
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315 guards,
officials,
and fellow inmaces always ask what the
visitors brought them. share.
Second,
su rv eillance
This
as political
for everything.
invitation to interrogation.
indicates that they demand a inmates,
they are under
Visitors can be an open One
inmate explained to me:
Son, we ail know that we, Indonesian people always put guests or visitors at the highest level in our lives. Guests or visitors for us, especially when you are isolated from your homes and families, mean everything. However, having visitors or guests is kind of hard for me because they always bring consequences. The guards and officials always asked and interrogated me about everything after my visitors left. Everything that they need to know. That is why I always prefer staying in my cell to read. I just cannot stand it, to be asked and suspected. And I hate to be asked about who they are, what they do in life, who they are a ffiliated with, etc. Instead of having a headache all the time, it is much better if the visitors do not come here on a regular basis. They can come if it is really necessary. Besides, I am not the kind of person who is crazy about being respected. But to be honest with you, visitors are always good to have. They can cheer you up and make your day, even if they just pretend to miss and respect you. I hope you agree with me. Another
inmate told me a similar story:
As long as you are Indonesian people, real Indonesian people, you must like and respect your visitors or guests. Of course, having visitors here is a good thing. But, but, and but, it is not always the case, my friend. Here is a hell. Having visitors means a big problem. Do you know what I mean?. Let me make it clear to you. You know my status as a political prisoner here. Politics can be anything, so having visitors can be pol it iz is ed by asking me this and that after the visitors leave. And that kind of thing always drives me crazy. They came down here to respect me, simply respect, but the institution always suspects
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316 that I conduct political activities. Well, I do not want to have problems. I want to my life to be peaceful down here. I just want a quiet and harmonious life. Besides, I have my own life to run here, read and read. I enjoy reading books, so I never feel lonely. That is all that I need. Not to be questioned like a child. I do not know what else that I can tell you about this. The above data inmates
indicates that basically political
share similar views with the criminal
visitors are symbol of respect, unlike the criminal
love,
inmates:
and care.
However,
inmates where 69% feel as they are in
the middle of a flower garden when they have visitors, political
prisoners
(85%)
feel that having visitors
personal burden because as political
inmates,
always
In this
suspected by the institution.
interrogated:
said,
for coming,
affiliations
are,
who they are,
etc.
Therefore,
brought,
love,
and care.
This
to be their
what their political the political
prefer not to have visitors even though visitors of respect,
is a
respect,
for the inmates
on what the visitors
the
they are
visitors create an open invitation
reasons
that
inmates are symbol
is the main difference of
views on visitors between the criminal inmates and political inmates.
The
former mostly view visitors as sources of
inspiration and encouragement while the latter see visiters as mostly personal burdens.
On the issue of personal
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NOTE TO USERS
Page(s) not included in the original manuscript and are unavailable from the author or university. The manuscript was microfilmed as received.
317
This reproduction is the best copy available.
UMI
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318 (The Law of Prison) discover
functions.
Here,
the main
issue
is
if the prison has clear cut rules and whether these
rules are en forced consistently and impartially. It is important to highlight the co ns is te nc y and impartiality of the order of prison in order to see whether the inmates Moreover,
follow or avoid certain patterns
of behavior.
the impartiality of the law of the prison not only
can create certainty, stability to the
but also can provide emotional
inmates.
Impartiality and consistency of
the law of prison can make the inmates
feel that
the law of
the prison they live in can punish anybody who violates and reward anybody who obeys backgrounds and past inmates,
I believe,
boat as their
records. will
regardless of their
With this in mind,
feel that they live
fellow inmates.
enforcement within the walls, and ac least
it,
the
in the same
Consistent and impartial in sum,
fairness and a secure
This question was
it,
law
can lead to justice
feeling
for the inmates.
responded to by 100% of the political
inmates who have already experienced the inconsistent and partial
law enforcement within the walls.
believe that the and impartial
These
inmates
institution does not have any consistent
law enfor cement that can give
them a sense of
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319 security.
As a consequence,
institution
according to the inmates,
fails to educate
its
the
inmates because they do not
have anything to
learn
from the institution.
within the walls
dees not provide certainty, the inmates
never had a chance to understand themselves. inmates always
feel
Since the law
Since the
insecure within the walls,
had the opportunity to prepare themselves lives after their release.
they never
for their
future
One inmate said:
Hi dear! You asked me a very tough question. However, I do not have to think to answer your question. There is no fair rule here, son. The law of the walls is not applied consistently to everybody. You knew already. The law here is the order of the guards and officials. I have been here for several years, but nobody ever told me and gave me the written law of the prison. However, the guards and officials always tell me about the law of prison. Well, since I never saw the law and nobody ever read me my rights based on the written law, I believe the law or the institution is the guards and officials because they are the ones who decide what to do and what not to do. They are the ones who say you are a good boy or a bad boy. Everything is deci de d by them. This is a real reflection of our country. Prison life is a miniature of our life. Since this country is not run based on the constitution, the institution is also not run based on the law of the prison. There is always a correlation between life here and life outside in the free world. They are weak guys who cannot refuse the demand of the whole system. This is how I see the order here. That is why I never bother myself to demand this and that within this wall. I know that it is useless to complain because the whole justice system is corrupt. I even feel sorry for those guards and officials who do something that is against their principle of morality. That is all that I can say about the order down here.
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320
Sharing a similar view,
one inmate spoke:
Oh my God. Consistent and impartial order here? It is an easy question to answer. The law here is very inconsistent and partial. You can buy the law here. Forget about the theory of Socrates or Plato on justice. Our lives here are just like lives within the water. The bigger the fish the better they are. This is a d e s c r ip ti o n of the uncertainty of our lives here. To p rese rve the order solely depends on the awareness of the inmates. We cannot rely on the law here because the law is the guards and officials. If they say the law is red today, then the law is red. If the say the law is green, then the law is green. That is why so many people get tense here because there is no certainty. E ve ry thi ng seems to be temporarily. I heard some of my fellow inmates are happy about the law or order here. Yes, they are because they can afford to buy the law here. How about the rest who cannot afford it? I always feel sorry for those weak inmates who belong to nobody here or outside. Justice for them is an empty dream. For me, I cannot put much blame on the guards and officials because they are nothing compared to the syst em as a whole. Our system of justice is uncertain. The law of the nation is partial. It can be drawn to whe rev er the rulers want to. This is the root of the un ce rta int y of the order of the prison. This is only a small part of the whole society. Since the prison is part of society, it absolutely reflects society. If society goes wrong, then the prison goes wrong. 3elieve me, if the nation is not managed and run well, the prison will net run well either. I have been here for a while and I know that life is very hard down here. But, but, and but, I cannot blame the prison institution. I do blame those people who run society. Of course, there are some bad guards and officials. No doubt about this. Well, I think I have said a lots about this subject, the un ce rta int y and partiality of the order of the prison. Lets change the agenda. Is it okay for you? The data pr esented above clearly shows the similarity of views betwee n the criminal
inmates and political inmates.
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321 Both groups of inmates see that the law or order of the prison is inconsistent and partial.
Justice can be bought
within the walls because the law is the order of the officials and guards.
However,
the criminal
inmates put the
blame on the guards and officials while the political inmates see that the inconsistency and partiality of the law within the walls
is only a reflection of the inconsistency
and partiality of the law of the nation as a whole. Therefore,
the political
inmates put the blame on the people
who run and manage the country outside the walls. political
The
inmates believe that the uncertainty of the order
of the prison cannot be separated from the uncertainty of the law of the nation outside the walls because prison is part of society. This
is very obvious since the political
inmates were
charged and put in prison simply because they are against the system and the current
regime of Indonesia.
In this,
they always believe that anything that goes wrong in the country must be rooted in the regime of the government. is why the political
inmates always see things
That
from a macro
level.
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322
6.
Assistance
The examination of the sincere willingness of the guards
and officials
circumstances
to assist the inmates under any
is the main subject of scrutiny here.
Assistance
refers
move,
or deliver something or sending messages
buy,
somebody,
to any help,
tangible
writing or reading something
intangible bad time,
(such as helping to to
for the inmates), and
(such as keeping inmates company when they have a chatting or spending time with the inmates in a
positive m a n n e r ) . My main goal
in asking this question
is to explore
the
relationships between the guards or officials and the inmates:
whether these relations are good or bad,
or unfriendly or conflictual or harmonious. from the
field,
As
indicated
the data showed that the political
feel that no assistance
friendly
inmates
is provided by the guards or
officials without conditions.
The guards and officials are
always available to provide assistance under one condition, namely that the inmates provide something in return. subject,
20 inmates
assistance However,
(100%)
On this
answered that they never received
from the guards or officials when they needed it.
help comes
immediately if they can offer some sort
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323
of payment the guards and officials.
One inmate told his
story after being imprisoned for 12 years: I actually pr efer talking about something else because this subject is very sensitive for me. I am mostly dying for nec essary help, but I did not get any from the guards or officials. At the same time, those bastards, corruptors get help all the time because they can buy the help. They can even buy the guards and officials. I am a weak man here, so I get nothing from the institution. Not even my basic rights: to be treated well. To be honest with you, getting assistance from the institution inside here, I mean assistance without conditions, is almost impossible. But what can we say about it. Their salaries are so low, so the only way to get extra mon ey is to squeeze us down here. I do not mind to offer them money as long as the money is not a condition to assist the inmates. Money for me is not a problem because every body needs money. However, money should not be everything. They have to perform their duties first to assist us down here, then money comes later. You know, we are helpless and hopeless down here. Hi dear, I fought and struggled against the system outside there, against the corruption of the government's system, against the government officials, so again, I am facing the same reality inside here. Of course, I will def in it el y never tolerate this. I will never provide money as condition of help. I can sincerely offer them money as a charity. But not a condition. There is a difference between charity and condition. This kind of life affects the life of those inmates who cannot provide anything to the guards and officials. They desp era tel y need help but they cannot afford to buy it. They will be frustrated. They always feel unfairness and injustice here. The institution of prison, as a consequence, will never function to rehabilitate the inmates. The government never realizes this problem. The government just spends taxpayers' money. We have to do something seriously to fix this crazy life and sy stem here and outside because life here is a clear reflection of life out there. Another inmate explained:
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324
Well, it is kind of hard for me to give you a pleasant answer because in the eyes of the institution, my answer will be a bad answer. The answer, we do not get any help from the guards or officials here without something in return. Help belongs to the inmates who can buy help. No sincerity and prof ess ion ali sm down here. Everything must be based on mon ey or something else. Guards and officials feel that they are doing their jobs as a favor to us, so we have to give them something in return. For me, there is no respect for them. Not at all. Therefore, I never ask and expect any help from them. Otherwise, I will be disappointed and they can make me mad. It is much better that way, not asking and expecting something from them. I just cannot believe that people can exploit other people who are already in a bad situation. This is the kind of attitude which is an unforgivable attitude. I and other people will never forgive them. No way. But this is only a part of our whole life in this society. Prison life is a reflection of life out there, in our society. If you want to put blame, put the blame out there. It is a very sad and ironic story, isn't it? It is a shame that people degrade themselves only for money. People are willing to devalue themselves only for money. Well, lets talk about something else because I cannot talk more than this on this subject. Please ask me something else. It is very clear that the above data proves inmates do net receive any help
that the
from the guards or officials
without providing them something in return.
Here,
sincerity
and prof ess ion ali sm are absent.
This makes the political
inmates
inmates who also experience
similar to the criminal
that they do not get any help from the guards and officials without offering them something in return. the criminal
However,
10% of
inmates still think that they always get help
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325
from the guards and officials.
These criminal
have bad images of the guards and officials assistance or help.
These
regarding
inmates are the inmates who can
provide something to the guards or officials this assistance.
inmates do not
In short,
in order to get
these inmates are while collar
criminals who have money to buy not only assistance but also justice within the walls.
On the other hand,
the political
inmates never provided or will not provide anything in return to the guards and officials even though economically,
in exchange
some of them are able to offer
money to the officials or guards.
They consider offering
money to the guards and officials as a bribe, illegal.
Political
inmates,
in sum,
and as is
prefer to die
of help rather than sell their integrity. the political
for help,
for lack
Having had 100% of
inmates who experience no help or assistance
from the guards or officials without offering something in return,
it is now clearer why all the political
inmates as
well as most of the criminal inmates view order or structure in the prison partial.
(as indicated in number 5),
as uncertain and
These criminal and political inmates
and injustice within prison.
In this respect,
view that the law in prison is the guards'
see unfairness the inmates
and officials'
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326
prerogative because they are the ones who decide what is right and wrong.
7.
Images of the Inmates Toward Guards
The purpose of asking this question attitudes of prison.
the political This
the findings
is to find out the
inmates towards guards and officials
is very important
in question number 6
this question,
and Officials
in order to cross-examine (As sistance). In answering
100% of the political
inmates said the guards
and officials of prison are corrupt and power abusers,
in
terms of not performing their duties as they are supposed to.
Moreover,
the guards and officials are exploitative and
oppressive people. expect something therefore,
always
They are nice only when they need and
from the inmates.
The guards and officials,
favor certain inmates who can satisfy
their needs or demands.
One inmate described this as
follows: My images of guards and officials, right? Oh, come on, you knew it already the inmates do not have good images of them. The only thing we have in mind about guards and officials is that they hold the power, so they are the law. On the other hand, the inmates who were charged as criminals, are powerless, so we are the objects of arbitrary actions from the guards and officials. They are very powerful. You can imagine what is going on in terms of two different groups of people confronting each other. One has unlimited power and another is powerless. The powerful group will
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327 de fin it e ly press and exploit the powerless. Since they have uncontrollable power, the guards and officials ba si cal ly can do anything to us. They are above the law. Once you start questioning their power, then you will get more severe punishment. Life here is just like life in the free world. This is a miniature of the real life. Personally, it really does not bother me anymore because I get used to it. I have been here for many, many, man y years. I feel that I am part of that kind of life. I just feel sorry for those inmates who cannot unders tan d and adjust themselves to prison life here. They are frustrated. They have no say in confronting their lives here. They have been and will be exploited by the guards and officials because there is nothing to stop them. We all have to concern ourselves about this subject because it deals with human life. It deals with the mo ne y of the people who pay taxes. It deals with society as a whole because prison life is a clear reflection of the whole society. You cannot deny this. Please tell the people outside there that their lives are being reflected by our lives down here. Prison life. Sharing the above
view,
one inmate said:
To be honest with you, I always think that it is funny to complain to the guards and officials within these walls. Do you know why? We knew already that cur voice is an unheard voice, but we still pretest and complain about this and that. It is a useless complaint because nobody will hear it. The guards and officials are the holders of the power, so they are the law. The law that determines who is wrong and right. The law that decides under what condition you are right and wrong. Having had this, it is very irrational that you still dare to complain. Of course, you can do that, but you will be finished. Once you start complaining, you will belong to a mu s e u m which indicates you are over. No more life for you inside here. That is the rule of the game down here, my dear. I am not saying that you are not entitled to complain. What I am saying is that your complaint may hurt you back. I truly admire these inmates who can complain all the time because they are the ones who pay the price, being punished. Do you know what happened last week? One of our fellow inmates was
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328
put in the special custody as an extra punishment. I just heard this morning. That lovely man is very quiet and never did a wrong thing. Unfortunately, he complained about the way one guard treated him last week. Now, he is paying the price, being locked up in a very special room. He is not allowed to communicate with others. It is very sad, isn't it? Well, I cannot say much more than this. I just want to make it short, the guards and officials are corrupt and unprofessional. But they are just part of the whole life and games. They are ordered to do so from the entire system. The above data clearly shows political
inmates towards the guards and officials are
similar to those of the criminal officials believe,
inmates:
the guards and
are power abusers and exploiters. undoubtedly shows
political
that the attitudes of the
inmates
(100%)
This data,
I
that a high percentage of
and 84% of the criminal
inmates
see
the law and order of the prison as inconsistent and partial, as indicated in question number 5 (Order). It is my firm belief that the majority of the negative views
toward guards and officials
reasons.
First,
the salaries of the guards and officials are
very low which explains sustain their lives. officials Second,
are due to several
their need for extra money
In this
respect,
to
the guards and
can sell their power to whomever can buy it.
the level of education of the guards and officials
is very low,
so many guards and officials cannot use a
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329
persuasive met ho d to handle the inmates.
They prefer
coercive power as the best way or instrument to maintain the order of prison.
This is very obvious since the main mission
of the institution is simply to incarcerate the criminals. The objective of this mission is to preserve order. as order
is preserved,
according to the institution,
the mission has been achieved.
Finally,
As long then
the guards and
officials,
especially those who were born and raised in the
area where
the prison resides,
destroyers
of their homeland.
the inmates are a big threat
view the inmates as Consequently,
in their view,
to their homes which
leads to
the unprofessional working performances.
8.
Function of the Institution
This question whether
is necessary to ask in order to find out
in the eyes of the inmates,
prison as a whole
the institution of
functions as it should.
This question on
the institution of prison is directly related to the issues previously addressed in questions number
1 (Safety), 2
(Activities),
(Assistance).
Therefore,
5
(Order/Structure),
and 6
this question is designed to cross-examine those
previous questions.
The
function of prison refers
to the
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330
programs
the institution offers which gives
opportun ity to be rehabilitated.
This question will examine
the ability of the institution to provide its inmates,
that
the inmates the
rehabilitation to
is whether the inmates are better off or
worse off when they are released. In answer to this question, said that inmates
inmates
the institution of prison totally fails.
feel that the institution of prison cannot
as a rehabilitative real concept,
suspects
institution because
program,
The institution
always
20 political
These function
it does not have any
or plan to rehabilitate the inmates.
is simply an espionage
its inmates at all times.
feel
(100%;
institution that
With this,
the inmates
like strangers within the walls because they see
their relationship with the Under these circumstances
institution as conflictuai.
the inmates never see the
institution as an educational
institution where they can
learn something while u nd ertaking their punishments. Furthermore,
this situation
is worsened by the fact that the
institution of prison deals with the inmates through a bur eaucratic approach. dehumanizes
This,
according to these
inmates,
them by treating them in a mechanical way.
One
inmate said: Expecting the inmates to be better off after being
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331
inside here? No way. The institution does not have any concept or program to make people be better off. It even worsens the inmates. That is why many inmates come back here again after their release. The institution here is a school of crime, a place to exchange criminal experiences. It is not a school for rehabilitation. Why? The institution cannot and does not have any real pr og ra m to educate us, to give us something to build or enhance our knowledge and skills. Not at all. The prison, as we experience, is solely a tool of the state to restrict our freedom, to provide surveillance so the state will not be bothered by us. That is the only function of the prison. Nothing more. You always hear the adm inistration say that the institution provides us a good opportunity to rebuild our personal character and integrity, don't you? Huh! Rebuilding our personal character and integrity. It is very funny. It should be the other way around because the guards and officials in particular, and the government officials in general, are the ones who need to have good personal character and integrity because they are the ones who are corrupt. Not us down here. Our personal character and integrity are much better than theirs. Don't you agree wich me? I just cannot stand that they teach us to be hypocrites and to lie because they always demand us to say we have a nice and comfortable life here. They never allow us to speak the truth. Under these conditions, how can we expect the institution to rehabilitate us? In conclusion, the institution of prison fails in its function to rehabilitate and educate people to prepare them for life after their release. That is all that I can tell you about this subj e c t . Similarly,
another inmate pointed out:
Once again, the institution of prison does not function as a rehabilitative institution because reh abilitation implies an effort to teach people knowledge, skills, and good manners in a persuasive way, not a coercive way. All those criteria are absent in the institution. The institution teaches us only religious lessons through speeches and lectures. These kind of things do not solve our problems in the future. Being a religious person is a good thing, but we need
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to learn more knowledge and skills, so we can live within the society of the free world after our release. I have been here for a while, but I still do not understand what the prison can offer me in preparation for the future. The main probl em of the institution is its mechanical system in which everything is approached through a bureaucratic mechanism. The institution knows only how to tell us what to do this and that, no questions asked. Just like a machine, so the inmates feel dehumanized whenever they deal with institution. I truly do not know how to solve this problem because I am powerless. However, if the system as a whole can be fixed, then the prison system also can be fixed. The root of this problem is located in our political system, as well as in our justice system. Remember, the guards and officials just follow their superiors who have power. If their superiors are corrupt, then they are corrupt too. Our society is a patrimonial society which implies that we must follow our leaders and do what they do. This is the best way of describing our prison here. Well, I hope you do not judge me as a talkative and frustrated man here. I said a lot already. I just want to say one more thing, the prison does not function at all. It is very clear
from the two quotations presented
above that the institution of prison
is unsuccessful
rehabilitating,
and preparing the
inmates
educating,
to adjust
training,
to the real world when they are
Sharing the same views with 100% of the criminal the political
released. inmates,
inmates believe that the prison totally fails
to rehabilitate the inmates. findings
in
in questions
This
number 2
(Order/Structure), and 6
indicates
(Activities),
that the 5
(Assistance), are sustained because
those questions are directly related to the prison system as
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^
a whole.
In other words,
activities,
n
since the inmates do not have any
the order or law enforcement of the prison is
inconsistent and partial, from the guards
and the inmates do not get help
and officials,
the inmates obviously view
that the entire prison system fails
to function.
9.
Due Process
The whole legal process
that suspects must go through
before they are taken to prison falls within the category of due process. process
The question explored with regard to due
concerns the fairness or unfairness of the
Indonesian justice system by determining whether the inmates had a difficult focus
time before they were brought to trial.
rests on the Criminal Law Procedure of 1982,
The
which
stipulates that suspects must be handed over to the police who passes
the case on to the prosecutors,
who in turn refer
the case to the court when they find enough evidence to convict the suspects. police,
prosecutors,
Therefore,
the question of how the
and judges treated and dealt with the
inmates during due process
is crucial.
In response to the question of fairness, political
100% of the
inmates answered that they were tortured and
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334
abused during their due process,
especially when
their cases
were handled at the level of police and prosecution. eyes of these
inmates
the trials were not
In the
fair since they
were physica lly and ps ych ol ogi cal ly tortured.
In addition,
the inmates believed that their sentences had already been determined before their trials.
The trials were perceived as
being solely a formality to demonstrate that
justice was
prevailing and the rules of law were being upheld. permanent
scars on their bodies
With the
following the physical
torture experienced during due process,
these
inmates have
come to regard the Indonesian state apparatus as unforgiving and the justice system as unfair. one
While wiping his tears,
inmate told me: Son, you are still young. Your destiny is still far ahead. You should know how to avoid troubles, with the government. To be honest with you, I have kept this story for more than two decades. They tortured me to extract information from me. Since I did not provide the answer they expected from me, the police and prosecutors physically abused me. I am handicapped new. I am not able to walk normally, like you. Look at my left leg. This black hole is a result of torture. My former cell mate is even worse. His right eye does not function well as a result of the torture. His head was smashed against walls by the military in order to obtain information from him. That gentleman I told you about is also deaf now. We are victims of an unjust system. Our due processes were absolutely unfair. They were illegal processes because the system sacrificed us. For me, the state apparatus is unforgiving. I always pray to God to condemn these people. I sometimes wake up all of a sudden in the middle of the night with
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*> ^
c
a sweaty body because I had a nightmare. It happened three or four days ago. I was screaming in the middle of the night because I had a very bad dream. I saw myself being tortured again. It was physical torture. How about psychological torture-it was miserable. They threatened that our families would be in trouble if we did not confess or say what they wanted from us. Our wives would marry other men if we did not acknowledge that we were the enemy of the nation, etc. All these stories that I just told you about are very clear evidence that our due processes were unfair. Justice was not there with us. The only thing that made us human at the time was that we were still able to breathe. Nothing else. Similarly,
another inmate expressed himself
emotionally:
Are you asking me about a fair due process? Friend, I hope you are not going to stop being a friend of mine because of your disappointment. You will be dis appointed by my answer. My due process was unforgettable. It is full of bad memories. I do not even dare tell my family. I swear to God, I am not going to tell my children because I do not want them to suffer psychologically while thinking of my suffering. It was a nightmare. They tortured me from morning to evening. They used all possible means to extract information from me. Sometimes they did not give me food or water. Actually, I would like to keep this story to myself because my due process was very inhumane. One of my ribs is broken because they punched me. Ironically, I could not do anything about it because I did not have anyone to rely on. I did not have people to talk and share with. Everybody was my enemy and everybody avoided me. You know how it is to be a political convict. You do not even want to mention his name. They just made us worthless as human beings. To describe my suffering during due process is simple. My price as a human being was much lower than that of a dog because a dog is still loved and taken care of by its owner. Me? Nobody even regarded me as a human being. To make this story short, if due process is an
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336
indicator of justice and fair trial, then we do not have any justice in this country because my due process was totally unfair. My due process is a permanent symbol of brutality and injustice. I do not have any reasons to forget those days and nightmares. I do not have any reasons to forgive those people who tortured and abused me. They are even worse than evil. If I were a writer, I would title my novel: Being in Hell: Unforgotten Days With Unforgivable Men. Having pr esented these two quotations, undeniable
fact that the political
inmates
experienced their due process as unjust. psychological
(100%)
The physical and
tortures which characterized their due process
resulted in unfair trials.
Therefore,
The mi litary was simply an effective to oppress
it is an
its citizens.
justice was absent. instrument of the state
The views of these political
inmates are similar to those of criminal
inmates,
93% of
whom experienced their due process as marked by torture and brutality.
As a consequence,
inmates believe Indonesian
both criminal and political
that justice is not being served in the
justice system.
10. Agenda The main objective of this question was to explore the inmates'
future plans after their release.
significant
This question is
in cross-examining whether prisons truly prepare
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337 inmates
for life after imprisonment
them with the and finding respect,
in terms of providing
knowledge and skills necessary for adjusting
jobs at the time of their release.
In this
the inmates were expected to have plans
such as the
kind of job they are going to look for after release. In response to this question,
96% of the inmates
ackno wle dge d that they did not have any plans, out that they would like to run a business,
2% pointed
and the
remaining 2% said that they would like to get involved in social activities helping people. decide on what
to do once
released
Those
96% who could not
from prison,
could not
even imagine what their lives would be outside of prison. short,
for these inmates a future
In
life outside was
unimaginable because they felt that once released they would be strangers within society. uprooted from society, over again.
They felt they had already been
so that they would have to start all
One inmate sadly said:
I am a type of person who is never pessimistic about life. But for once I am pessimistic in terms of deciding what I am going to do in life after I am free. I truly do not know what I am going to do. To be honest with you, I cannot even imagine what my life is going to be out there. I have been away from society for quite a while, so society may not accept me as part of it. Besides, in the eyes of the government I am a political criminal who must not be forgiven and given a place in society. I know myself, and I am very realistic about this. For me, I am already finished
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338
because of my status. Therefore, I cannot imagine myself being somebody out there. I am also too old to struggle in life. However, I am optimistic that I could be a useful person to society in terms of teaching how to be citizens with integrity. I am also optimistic that one day, changes in our society will occur. Another thing that I should let you know is that I do not have anything to offer society which could make me be a part of it again. I got nothing from these walls. I learned basicall y nothing from this institution. As a result, I will be unemployed out there. Good for me that my family understands this situation, so they are not going to expect me to do this or that when I am free. I think this is all I can tell you about my plans. Another
inmate held a similar view:
My plans after my release. Well, I do not have any plans yet, to tell you the truth. I do not even know whether I still have a chance to breathe free air out there. You know that I was charged as an enemy of the nation. I think it is too early to have a plan because I just cannot imagine life out there. I have been away for many years, so I lost my ability to socialize with people in the free world. Therefore, I do net expect much when I am free. Not at all. However, I am still optimistic that changes will eventually take place. I wish the prison would help us down here to contact people on the outside so that when we are free we can continue our relationships. This way, the inmates would not have any problems dealing with their lives, in terms of finding jobs once they are free. Unfortunately, the prison prevents the inmates from contacting outsiders. Moreover, the prison does not provide such things as education and skills that the inmates could use to market themselves after their release. The combination of these things contributes to us not having any plans for our future. It is a sad story. The
two views pre sented above undoubtedly prove than
the inmates do not have any plans
for their future once they
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339 are free.
Similarly,
the criminal inmates do not have any
plans either after their release.
In view of these data,
it
is clear that the prison system does not provide inmates with the skills or education necessary to market themselves in the free world. plans
This
for the future
is why the inmates cannot make any
for they are aware that they cannot
compete with other people. useless.
These
In other words,
the inmates
feel
findings are supported by 91% of the criminal
inmates and 100% of the political
inmates who,
in question 2
(A ctivity), stated that the prison system does not have any plans,
concepts,
cr programs that would provide skills and
education to the inmates.
Therefore,
there exists a positive
correlation between the absence of activities that the prisons provide and the
future plans of the inmates.
It is a
very obvious that the lack of skills and education that should be provided by the prisons creates a feeling of uselessness compete
in the inmates with respect to their ability to
in the outside world.
bother making any plans
That is why the inmates do not
for the future.
Another point made by this data is that political inmates
in particular do not have any plans
for the future
because they believe that their status as enemies of the
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340
nation does not allow them to return to their lives prior to imprisonment;
even in freedom they are under constant
surveillance from the government.
In Indonesia,
charged with being a political criminal stigmatized.
Consequently,
free to determine
a person
is permanently
as political criminals are not
the course of their own lives,
see any use in formulating plans
for a life
in
they do not
freedom.
11. With Whom They Share Will whom the inmates share their problems, or material section. inmates
goods
is the major question explored
Levels of intimacy and are
feelings, I this
association among the
highlighted and the focus rests on
the types of
people inmates get along with and rely on inside the prison walls.
Moreover,
number
1 (Safety)
this question also cross-examines question and question number 2
In response to this question, inmates
stated that
feelings,
(Activity).
100% of the political
they share problems,
happiness,
and goods only with their family.
years already spent as criminal
inmates,
Despite the many
in prison with other political as well most political inmates believed that
they could only fully trust their own families.
Moreover,
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341
they believed that only their families could understand them,
and that their families would never hurt or endanger
them both
in prison and in freedom.
In this respect,
one
inmate clearly stated: About sharing, I only share with my family, especially sharing my feelings or ideas. Not with other people. You know that life within these walls lacks trust, you cannot trust people. That is the nature of life down here. If you do share your things here with your fellow inmates, you are probably sincere, but the others may think that you are sharing because you have something else in mind. That is why I do not share anything with them. I sometimes share my goods simply to please them. Besides, I may share my things with my fellow inmates as a sign of friendship, but in the eyes of the guards and officials, it might mean something else. They may think that by sharing with my fellow inmates I am influencing or inciting them to a n o t . You never know when you are right or wrong. Therefore, I do not share with anybody within these walls. Just believe me that the safest way for sharing is to share with your family. You neither hurt yourself nor those whom you are sharing with. It is very simple, isn't it? Sharing this view,
another inmate told me:
Wow, you asked me a very difficult question. Sharing, right? My family are the best people to share with. Mo demands and no consequences afterwards. I do not share my things with my fellow inmates, nor with the guards or officials because within these walls sharing can have many meanings. It can be a bribe, an effort to influence your fellow inmates, a source of jealousy. It can be an invitation to the guards and officials to watch you all the time. Everything can happen from sharing with your fellow inmates, so I only share my feelings, ideas, and happiness with my family. Of course, sometimes I do share goods, such as food or gifts with my fellow inmates or guards, but only in certain situations. Only as a way to please them. Nothing else. I do realize that it is not a good thing
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342
to do, not sharing with my fellow inmates, but I just cannot do it for security reason. You will understand this situation here after spending your time for a while. Life here as you know is a lack of trust. The two quotations presented above are clearly different whom share fellow
from the views of the criminal feelings,
inmates who are
political
inmates
only with their guards
ideas,
thoughts,
from the same ethnic background.
share their feelings,
according to these inmates,
are always
This
The
and thoughts as well as
Moreover,
sharing,
can have many meanings within
so they prefer to share only with their
is understandable since the political
under suspicious by the prison
their ev ery day life activities. political
ideas,
families because the inmates,
the prison wails,
most of
and goods with their
and officials cannot be trusted.
families.
inmates,
inmates
institution
In this environment,
inmates do not want to get into trouble
of whom they deal with in their daily lives.
in the
in terms
Therefore,
they
choose not to share with their fellow inmates because this can lead to being subject of suspicion by the prison institution. inmates
Moreover,
the unwillingness of the political
to share with other criminal
fact that the criminal inmates political
inmates
stems
from the
reluctantly socialize with
inmates because the latter beliefs
could be
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343
dangerous
to the former.
This is underscored by the fact
that the prison institution considers the political inmates to be enemies of the nation. With respect
to the political
inmates,
I believe that
one of the main reasons why they do not share with each other,
is that
their
ideological and political affiliations
differ
from one to the other.
inmates are different
account
communist
from fundamental Moslem inmates,
Timer activists are different differences
For instance,
from student activists.
for the fact that political
East These
inmates
cannot and will never be acquainted with each other.
Their
motives as well as attitudes are fundamentally different. Finally,
the absence of programs or activities within the
prison walls which, claim,
as both political and criminal
inmates
are the most effective vehicles to socialize,
support,
and help each other,
unwillingness of political
undoubtedly contributes
inmates
to the
to share with their
fellow inmates.
12.
The Best and Worst Experiences
The focus cf this question is the exploration of the inmates experiences within the prison walls:
the best and
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344
worst experiences.
This question aims to find out what makes
the inmates most comfortable or uncomfortable behind the prison wails.
Another objective of this question
is to
cr oss-examine the previously asked questions. In response to these questions,
100% of the political
inmates answered that they never feel comfortable within the prison.
The
inmates said that everything the prison
institution tries to do to make them comfortable because
the whole process of the justice system of Indonesia
does not provide any opportunities In short, inmates
fails
for a comfortable life.
the institution of prison was designed to make the
suffer.
However,
these inmates acknowledged that
being
in prison provides
them with opportunities
their
religion more than before.
to practice
One inmate explained:
I hope you are the last person asking me about a comfortable life here. We do not have a comfortable life within these walls because the institution was designed to provide us solely with a golden opportunity to suffer, to be dehumanized. Since in the eyes of the government we are criminals, we do not deserve a comfortable life, so forget about it. I cannot tell you about my best experience here because I do not have anything to compare it with. Everything is the same: pain, boredom, and anxiety. All this started from the unfairness and injustice of our due process. Even if the prison were able to provide everything we want or demand, we are still uncomfortable because they have given us no fairness and justice from the beginning. Since we did not have fairness and justice, we ab solutely always feel pain and suffering. We cannot deny this. The only thing that enables me to cope with
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345
my life here is that I can practice my religion more than before. Do you know why? I do it because I do not have any other activities. I spend most of my time in the mosque. Can you imagine daily life just in your block and in the mosque from morning to night for mere than twelve years? Isn't it painful and uncomfortable? That is what my life and my fellow inmates' lives are ail about. Similarly,
another inmate shared his view with me:
Let's talk straight forward. I never had a comfortable life within these walls. Our lives are measurable in here because we always feel the unfairness and injustice, from the beginning until now. For me personally, I just cannot cope with the unfairness and injustice of my due process. That is the reason why I never feel comfortable here even though I have already spent my life here for probably over two decades. I should have been able to adjust myself, but I can't. The pain of life remain in my body and in my soul forever. I heard some of my fellow inmates say that they have comfortable lives here. They are big liars because the truth is that they don't. They just want to please the guards or officials so that they can get a better treatment from them, while the guards or officials get promotions. It is a big lie. Why don't we talk about something else, I dislike this topic. It makes me mad whenever people talk about a comfortable life. Yes, it makes me mad because everything here is uncomfortable, but they want us to say that we are comfortable. This is a big hypocrisy. I don't like that. With regard to the worst experience within these walls, all the political
inmates said that being sick and disliked
by guards and officials are the worst experiences. prison,
according to these inmates,
severe pain as the prison cannot
In
being sick leads
to more
treat and heal the inmates
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346
as qui ckl y as possible. because
In many cases,
inmates have died
the prison mishandled treatment.
Moreover,
prison health center lacks sufficient staff, medical
equipment.
This situation
prison bur eau cra cy which requires
the
medication,
and
is exacerbated by the that the inmates go
through a long paper work process before they receive medical
treatment.
Being disliked by guards and officials
is
another bad experience because the officials and guards are the ones who determine everything within these walls. Therefore, In this
inmates are powerless under guards and officials.
regard,
one inmate openly admitted:
I have been here for many years and I know what life in here is, like how to survive within this environment of survival of the fittest. However, I was always able to handle it, except when I was sick. I and my fellow inmates just cannot stand it because we are net cr.iy dying from our illnesses, but also from the bur ea ucracy of the prison. I had some fellow inmates die because the prison treated them too late. It is ridiculous, isn't it? Even if you are the toughest guy within these walls, you become the weakest guy when you get sick. Nobody cares about you. Medicine from the health center? Forget about it. You get even sicker. Th ey are too old. I sometimes think that it is better to die than to get sick within these walls. You really feel the pain. Hey, don't let me just talk here. I want you to tell people out there that Indonesian prisoners do net get good medical treatment within these walls. Please feel sorry for those inmates who do not have the powers to express themselves. Try to be a hero of the weak, to be a hero of humanity, would you? The
same storv came from another inmate:
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347 I overheard your conversation with my fellow inmate at the mosque two days ago. My answer is exactly the same as his. Being a sick person inside this prison is hell because you can die without medical treatment. Of course we have a medical center, but there is nothing there. Besides, we have to go through a very long bureaucratic process in order to get medical treatment. I remember last year. My good fellow had very severe diarrhea and he was dying. He urgently needed emergency medical assistance but he could not get it because of the bureaucracy. Most cf his barrack mates were ready to fight the institution. It was almost a mass riot because of the man. We were sorry for him. I am telling you, if you are here, try not to get sick. Another bad aspect of life here is to be disliked by the guards and officials because the are the law. If they want to make you live measurable, then your life is miserable. The best way to handle them is to keep distance. The high percentage
(100%)
of political
inmates who
did not have good experiences within the prison walls to the conclusion that prison cannot provide with a comfortable criminal
inmates,
life.
criminal
is similar to the views of
the walls because their lives are
namely measurable lives.
experiences,
political
inmates,
its inmates
89% of whom said that they did not have
good experiences within the same,
This
leads
(89%)
inmates
Regarding bad
(100%)
agreed with the
that the worst experience is to be
disliked by guards and officials because they are the ones who determine everything within the walls.
The guards and
officials are considered to be the law of the prison.
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348
Therefore, addition,
they can make the inmates' political
lives hell.
In
inmates experience being sick as one of
the worst experiences because they cannot easily obtain treatment. The above data
leads me to believe that the institution
of prison does not function as a rehabilitative institution. Rather the institution functions as a retributive institution where have
inmates are considered to be citizens who
to suffer as a form of payment
people or the state. findings
in questions
Furthermore, number 2
for what
the data conforms
(Activity),
(Images Toward Guards and Officials) P r i s o n ) . In sum,
they owe to the
and 8
most of the political
6
(Assistance),
7
(Function of
inmates
there are no positive experiences within
the
feel that
the prison walls.
Due to the unlimited power that guards and officials wield, it is also
reasonable that inmates view being sick and being
d is li ke d by guards and officials as some of the worst experiences. the
In the case of sickness,
institution of prison,
rehabilitative of inmates,
it proves again that
does not function as a
institution because one of the basic rights
medical treatment,
is not satisfied by the
institution.
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349
13. Stress here refers leads
inmates
Source of Stress to a mental
state or condition that
to problems within the walls.
This
is a
necessary question no ask because as I discovered, prison is responsible
for high vigilance and lack of trust
that creates a stressful environment Therefore,
it is important
contributes
to stress
this question, sicknesses,
in this environment. inmates
With regard to
(100%)
claimed that
confessions of acts committed against
legitimate government and national from guards and officials
constant
for every inmate.
to find out what causes or
all the political
to their experiences,
life in
ideology,
and animosity
are sources of stress.
political
the
According
inmates view sickness as a
source of stress because of the lack of essential
medical
treatment.
Another source of stress
for these
inmates
is the insisten ce by part of prison officials of
members of government on confessions of past subversive activities detrimental Furthermore,
since their acts were deemed pol iti cal ly and
ideologically illegal, national
to the nation as a whole.
ideology,
they are now forced to profess
Pancasila
the
(five p r i n c i p l e s ) , as the only
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350
legitimate principle of ideology and politics.
Another
experience described as a source of stress
is animosity of
guards
try not to let
and officials.
However,
the inmates
themselves be affected by stress because they believe that their faith and political goals enable them to keep their hopes alive all the time. optimism thus
Faith and political goals engender
reducing the pressure of stress.
As one inmate
describes: Only God knows that when I am sick, I am very stressed because I could die without medical treatment. I am always scared to get sick in this place because I cannot receive sufficient medical treatment when I need it. I also hate it and stresses me when those government officials come to insist that I admit what I had done was truly illegal because it could destabilize the government as well as the nation as a whole. In addition, they want me to admit that the only legitimate source of political ideology is the Pancasila (national i d e o lo gy ), and that the political principles that brought us here were wrong and subversive. It drives me crazy, you know. Besides, being disliked by guards and officials also make us stress within these walls because if they say your life is green, then your life is green. They are the rulers here, so we are very powerless. Don't even think about fighting them because, no matter whether you are right or wrong, you are wrong and they are right. However, I never let the stress occupy my mind because my political goals and faith stand above everything. They keep my hopes alive, so that I do not stress; at least I can cope with through my strong beliefs and my faith. Unfortunately, not everybody in this prison has the same spirit and faith as I do. Therefore, they stress easily because they do not possess endurance to cope with their lives within these crazy walls. Believe me on this subject because I know it very well after having experience for more than two decades. I always
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351
see my fellow criminal inmates stress all the time simply because they do not have goals and a faith strong enough to fight against their pain created by this prison. I feel sorry for them. If I did not have goals and faith, I would stress all the time as well. I keep telling them to keep their hopes alive, so they would not feel the pain, but they do not listen me. They should not fight against the guards or officials because it is useless. They are the winners and we are the losers. Well, I think I have said a lot, let us stop here for a while because I need to have my lunch. Sharing this view,
another inmate told me:
My friend, actually you do not need to ask me about the source of stress here. You know already that being disliked by guards and officials always creates stress down here. We do not need to ask more than this. Of course, we are stressed when they dislike us because they can determine our destiny here. They can even decide when we are going to die or have sex. Everything. Everything has to be based on them, so when they dislike you, you are finished. Also my friend, when you get sick here, forget it. You are going to die because nobody can help you. Our health center only helps you when you are dying or have already died. My friend, I am scared of getting sick here. I am telling you the truth. One more thing, and this is the most important thing, is to confess that our political struggle and motives were wrong and subversive because it was against the legitimate government. Therefore, it was a threat to our nation. It is very painful to do that because it goes against our consciousness and moral principles. But we do not have any other choices. Nonetheless, I never let the stress lead my life. I am always successful in conquering my stress. Do you know why? It is very simple. I have a dream to achieve and I cannot achieve it through stress. I have to fight against stress in order to fulfill my dream. This makes me different from my fellow inmates. They are stressed all the time because they do not have anything in the future. That is why they cannot fight against their stress.
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352
These criminal
findings are similar to the experiences of
inmates
in which 89% of them claimed that being
disliked by guards and officials because
is a source of stress
the guards and officials are the primary decision
makers within the prison structure. political
inmates,
ideology contributes
stress,
undermining their personal
additional sources of stress.
Even
inmates admitted to these sources of
they never let themselves be consumed by it because
they believe their political goals are more their
in the eyes of
being sick in conjunction with the
insistence on forced confessions
though political
However,
immediate situation.
In this way,
important than
they are able to
cope with their lives within the walls
regardless of the
stressful environment
As a result,
they are
facing.
there is
a clear cut distinction between the political inmates and, criminal
inmates who are unable to cope their stress.
findings
further support my previous discoveries as
indicated in questions
6 (Assistance),
Inmates Toward Guards and Officials), P r i s o n ) , and 12
7 8
These
(Images of the (Function of
(The Worst and Best E x p e r i e n c e ) .
In regarding confessions by political source of stress,
a former political
inmates as a
inmate who was
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^ c ^
j Dj
imprisoned for one decade, also claimed that being
cited a similar experience.
forced to confess his
He
involvement
in
subversive ac ti vi ty was very stressful because on the one hand it was an obligat or y order while on the other hand,
it
was against his moral principles. The
fact that political
officials'
ani mosity as a major source of stress,
is a direct
and
I believe,
result of the unlimited power that the guards
and officials officials
inmates view the guards'
hold over the inmates.
The guards and
abuse their positions of power because
it is
legitimized by the prevailing Law of Prison of Indonesia of 1917,
which
in itself reflects a power imbalance:
colonial powers over their colony.
This
that of
law consists of 115
provisions of which only two provide pr otection or rights for inmates. feel that
It is very obvious
that the political
inmates
the confessions of their mistakes or the
illegality that
the prison and other government officials
impose on them is another source of stress because the political
inmates have to do something that they are not
willing to do.
The political
inmates
still believe that what
they have done
is legal and morall y acceptable while the
government considers what they have done as treason and
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NOTE TO USERS
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354
This reproduction is the best copy available.
UMI
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355
mother as their primary role models, raised in households with very strict environment,
and
(53%)
91% who were mostly rules and social
half of whom were from dysfunctional
families.
In other words,
political
inmates differ
Unlike the criminal
the family backgrounds of from those of criminal inmates,
political
inmates.
inmates claim
that family background and social environment are not influential on the political activities that they had committed.
Or. this point,
one political
inmate told me:
My childhood was very normal and happy. My family is excellent: both my dad and mom are fine parents. They never dictated or ordered me what to do and which direction I should take in life. They did not even tell me what kind of school I had to attend. Everything depends on my personal choice. They are very supportive parents. The society where I grew up, is also a very good society. It is not a conservative society. My schools are also good schools. Everything is good and does net affect my political affiliation and belief. I believe that you asked me this question in order to find out whether my personal background has something to do with my political choice, didn't you? My answer, net. What I did and am doing has nothing to do with my family, society, and education. Not at all. It is about my personal decision. You knew that my proble m is a political problem, so politics is something that related to faith and belief. Therefore, it is impossible that someone or something can shape your belief or faith. Your faith and belief are things that cannot be called into being or shaped by anything or anybody. Once you believe, you will believe forever. The fact that sometimes you have to adjust your belief to certain situations or to certain people, is a matter of tactic and strategy to win your belief. Not to give it up. That is the way how I see and experience my personal life, and I will never change it.
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356
Another inmate emotionally me his story while wiping his tears: I hope you don't mind if I am straight forward. I don't like talking indirectly. I dislike when people keep asking me my family background and the social environment where I grew up, then relating to my political activities. By asking me that question impliedly means that they undermine my personal independence: my thoughts, ideas, belief, and faith. It is ridiculous, isn't it? My family is a very fine family. My dad and mother are lovely parents. They never insisted their wills on me by saying I had to do this and do that. Never. They always let me decide my life and future. They did not even question it. My social environments where I grew up, both when I was still a teenager and a college student, were very good. They were very supportive environments in terms of deciding what to do in life. It was not a strict society. I enjoyed living in that kind of society. Oh yes, I am not from a broken home. I told you earlier already “hat my family is a very fine family. With this information, you know that my political belief and affiliation is solely a personal choice and decision. No body is involved in it. It is me, and only me. I am always bothered when those government officials, including military personnel ask me about my family background and try to relate my political activities to it. They think I am stupid, so whatever I did in my life, must have been influenced by my family or friends, etc. I told them that I am what I am. Belief is something that you fight for and die for. It is your very personal choice and decision, isn't it? The above data clearly indicate that the
family
backg ro un d and social environment of the political
inmates
do not significantly contribute to their political activities which,
in the eyes of the government,
are
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357
illegal.
By claiming that their family and social
backgrounds are fine and do not influence their personal political affiliations, political
beliefs,
and activities,
the
inmates demonstrated that the direction or paths
they took in life resulted from their personal decisions and choices.
In other words,
their minds,
beliefs,
politics
are not designed and shaped by anybody or anything,
but they alone design and shape their minds, political affiliations and activities. because politics
beliefs, is very rational
is a matter of personal decision,
es pecially when political
This
and faith in
it requires sacrifice,
inmates.
they consider their
like with these
They knew the consequences before,
so
incarcerations now as part of the price
they have to pay for their personal decisions or choices.
15.
Images Toward Criminal
Inmates
The examination of whether or not the political have good images
toward the criminal
objective of this question.
inmates
Therefore,
the
inmates
is the main
focus of this
question is to explore the dynamic relationship between the two groups of inmates: respect,
criminal and political.
In this
how the political inmates perceive their fellow
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358
criminal
inmates:
how they behave in everyday life,
how they
interact among themselves and with the criminal inmates, how they adjust themselves the walls,
and
or cope with their lives within
are all the subject of study.
One hundred percent of the political
inmates answered
this question by claiming that they feel sorry for their fellow criminal
inmates because they are powerless and
cannot cope with their lives within the walls. political
inmates,
criminal
because they always think about Therefore, criminal interest. law.
For the
inmates are selfish people
think only about themselves.
They never
the interests of other people or society. according to the political
inmates,
their fellow
inmates committed crimes because of their selfThe criminal
inmates,
in sum,
are violators of the
They sacrificed the people they robbed,
murdered,
etc.,
only for their own benefits.
political
inmates view the criminal
harassed, Moreover,
the
inmates as lazy and
unproductive people because actually they can do many things within the walls,
such as learning to read or write and
learning to make small
furniture.
institution does not provide
Even though the
these activities,
the criminal
inmates can still learn from other fellow inmates.
In sum,
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359
in the eyes
of the political
inmates,
the criminal
inmates
are pe o p l e who always want to take the short cut in life without w o r k i n g hard. that
I list en
To this
issue,
one inmate insisted
to his story:
To tell you the truth, I feel very sorry for my fellow criminal inmates because some of them do not have anything inside here or outside. They are in the m i d d l e of nowhere. It is true that I am sorry for them, deeply, deeply sorry. But at the same time, I dislike the w a y they behave in their everyday lives. They just lack manners: they are very vulgar, impolite, short tempered, and demonstrate all kinds of bad or unethical behavior. Looking at them, they fight among themselves about the tiniest thing. They cheat each other. They are su pposed to realize that this life here is not free a society. They have to restrain themselves to behave c e r t a i n ways, so people will respect them. But they don't. They broke the law outside, and they still break the law inside here. When are they going to have a pea c e fu l life? They need to be patient in order to cope with their lives within these walls. They spend their time either inside their cells or under trees talking about something that does not make sense, then they fight if they get hurt from their own conversation. They can actually learn from their fellow inmates rather than from the institution since it does not pr ov id e anything to learn. But they are very lazy persons. Their attitudes are short-cut attitudes which means that they want to achieve something without hard work. Hey, look at those four guys there who wear sarung. They always spend their time at the mosque, si tti ng in the front row listening to the religious lectures. Unfortunately, when they leave the mosque, they cheat, lie, and even hit their fellow inmates. Th ese kind of attitudes, I truly dislike. That is why I nev er have good images toward them. But I am not p u t t i n g all the blame on their shoulders. Some of this m is t a k e is the responsibility of the institution which does not function as it is supposed to.
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360
Not much different
from the above view,
another inmate
offered me his view: I think I need to let you know about who they are because you have not been here for so long. I was told that you are the newcomer here. Just listen to my story about the criminal inmates. I cannot understand their behavior because they are just impolite and very vulgar. They do not know how to respect other people. That is the main reason why they always fight with each other. I always keep my distance from them because I don't want them to disrespect me. I am not against anybody personally, but I am against their behavior and attitude. They should realize that this life down here requires patience and understanding. The criminal inmates just do not have any patience and understanding. As a result, they cannot mature ly cope with their lives here. And they will never be able to cope with it. To be honest with you, I am very ambiguous on this subject because on one hand, I feel sorry for their lives which is very poor, and on the other hand, I totally dislike their behavior. Another thing that always bothers me about them is their laziness. They don't do and will not do anything by their own initiatives. Instead of doing exercise or reading or writing for instance, they prefer talking all day long with others. Talking is fine as long as they don't fight afterwards. They talk and fight. That is the problem. I truly don't know what to do and how to deal with them. It sometimes frustrates me because we never know when they are going to be really nice persons whom we can rely on and trust in. In fact, those inmates who always go to church and mosque are the ones who always create problems here. They are the ones who always lie, cheat, and are threat to other fellow inmates. This indicates that we cannot judge them based on their religious activities. In general, I cannot deal with them. However, we should also put our judgements on the prison institution that does not do anything to fix them. My friend, I think this is about time to stop our conversation. I have to go. My findings on this subject are supported by the guards
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361
and officials because they told me exactly the same as my findings when I cross-examined this issue. political inmates,
inmates have negative views
fact that the
toward their criminal
is very understandable because the political
inmates on the one hand, their
The
committed what
they had done due to
idealistic views on a society which they wanted to
change.
The criminal inmates on the other hand,
something that was against society, activities.
Therefore,
that by nature,
namely criminal
the political
what the criminal
inmates always believe
inmates had done was
illegal and against the principle of mo ral ity Thus,
had done
in society.
the criminal inmates are violators of the law and
destroyers
of the moral principle of society.
It is also my belief that the opposition of views between the criminal and political themselves, prison
is a result of the tendency
toward
of the policy ofthe
institution to keep dividing those two groups of
inmates. because
inmates
The institution does not want them to be unified they are afraid that the political
the criminal inmates to a mass
riot.
institution of the prison believes
inmates can lead
In short,
the
that since the political
inmates had a record against the state in terms of
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362
questioning the existence of the government or state, political
inmates most probably will also be intellectual
perpetrators of riots within the walls. institution of prison maintains
Therefore,
In sum,
the
this division and does not
try to bridge and reconcile these two groups
of inmates.
this data underscores the division between
political and criminal belief of these
inmates.
inmates.
The division lies in the
While the political
ideologically driven to better society, are self-interest oriented, society.
the
the criminal
inmates
and can be co nsidered against
These two different natures
same wails and environment.
inmates are
still exist within the
A common environment and
experience does not erase the distinctive line. Unfortunately,
the institution of prison even perpetuates
this division or keep the gap unbridged.
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CHAPTER 9 CONCLUSION AND RECOMMENDATIONS
1. Conclusion Having presented my discoveries
from the field where
co nducted my field research for four months, therefore,
I
it is,
necessary to draw conclusions.
The academic study of Indonesian prisons
is a new one.
My research on the lives of the criminal as well as political
inmates of Indonesia
is the first academic study.
Some people have written on this subject, inmates,
but
especially former
these works are simply diaries or novels.
Nobody has ever explored the inside
lives of the inmates by
using academic methods of research.
Asking
questions
to 100 inmates out of 976
inmates),
I conducted my research
Cipinang
Prison,
Jakarta,
(political and criminal
for four months
Indonesia.
who are still waiting Physically,
It keeps
1,300
in
This prison was built
by the Dutch administration in 1920s, prison in Indonesia.
15 open-ended
and is the largest
inmates and detainees
for the court decision on their cases.
Cipinang Prison is an old prison in that it is
363
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364
not equipped by any electrical surveillance and the doors open and close manually.
With 250 guards and officials who
mostly have only high school degrees, found from the field, Prison is far of the main trust,
is not run professionally.
from a rehabilitative institution.
reasons why the inmates
Cipinang That is one
live in anxiety,
low
and high a state of tension.
The criminal
inmates and political inmates of Cipinang
Prison are different, with their lives, criminal 1927,
C ip in an g Prison as I
not only in the way in which they cope
but also
in their legal status.
The
inmates are charged based on the Criminal Law of
which was enacted during the Dutch occupation,
the political
inmates were charged based on The Anti-
Subversion Act of 1963, government.
whereas
which was enacted by the Indonesian
The former law reflects colonial
attitudes while
the latter reflects the nature of a regime of government that does not allow any political opposition within a country.
Thus,
the existence of the political
inmates
in
Indonesia solely depends on the political condition and policy of the government. prison life
In addition,
the law that governs
(Gestichten Reglement of Stbld.
1917 No 708)
enacted in 1917 and also represents the attitude of the
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was
365
Dutch occupation toward its colony,
Indonesia.
The
prevailing
law undoubtedly is not only in favor for the
state,
is also out of date.
but
For the new inmates,
prison argot
is the greatest
di ffi cul ty that they have to face inside the walls because inmates,
especially criminal
inmates,
interact with each
other by using a special prison language language words
(bahasa bui).
The
they use holds symbolic meanin g because most of the
are derived from animals' names to describe attitudes
or behaviors believe
of fellow inmates or guards and officials.
I
this phenomenon is common in the prison world.
Ca rdo cc-Freeman
in his study on a linguistic culture of
Wa shi ngt on State Fenitiantery at Walla Walla points out that the
language of the inmates
learn and hard to forget. to define the
inside the walls
That
phenomenon. different
language was created and used
an alternative social
federal prison at Lompoc,
is hard to
reality.
California,
Fleisher’s conclusion
Fleisner's study on found the same
is that the inmates use a
language from people outside the walls because
they use uncommon vocabularies
that are not easy to
underst and unless one is part of the prison community. Similarly,
his study on the Maxim um Security Prison of New
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366
Jersey,
Sykes
the walls
found that the language of the inmates within
is an effective tool of co mmunication and
conspiracy between inmates and inmates and between inmates and guardian.
The argot,
expression of group people believe
serves as an
loyalty and group membership.
that the argot of the inmates
maintain secrecy, ignorance.
according to Sykes,
Some
functions
to
a device for keeping the law-abiding in
I believe this assumption
the guards and officials
is questionable because
know the words and use them.
It is
my firm belief that the inmates' usage of special argot is to distinguish
themselves
from outsiders.
build and est ablish a self-identity, have tattoos on their bodies.
cultural
In short,
namely the prison
prison argot is the heart of the
genesis of a subgroup which was developed against
the backg rou nd of a dominant culture, in particular and life outside The next Prison is the group,
like inmates who
They need to be recognized as
one p articular group or community, community.
just
It is an effort to
guards and officials
the walls
in general.
feature that we can easily see inside Cipinang inmates’ groups.
One of them is the "Abal-abal"
which refers to someone who does not belong to
anybody or,
"Dayak,” an isolated ethnic group of Indonesian
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people who
live in the jungle.
This group of inmates does
not seem to assimilate themselves with other fellow inmates. Wearing dirty cloths,
these inmates do not talk much and
seem unwilling to communicate with other fellow inmates. They are the ones who are always who admit
in and out of prison and
that they get their knowledge and skills about
crime more
from prison.
These
inmates are often refused and
disowned by their family members outside the prison and are not cared for.
If they had a choice,
they would prefer to
stay in the prison beca use they had nowhere to go outside the prison.
In addition,
these inmates
lack self-confidence
and are very pessimistic about everything. do not make severe trouble easy to handle. events,
inside the prison,
and programs.
somewhere else.
clear reflection of the
prepare them, knowledge.
in any
Their bodies may be present
in one particular place and certain time,
to rehabilitate
they are not
They are reluctant to participate
occasions,
are always
Even though they
but their minds
This phenomenon,
I believe,
is a
failure of the institution of prison
its inmates.
The institution fails to
especially to equip them with skills and
Moreover,
the institution
fails to inspire and
stimulate them and demonstrate that they are still worthy in
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368
society.
Society,
especially members of their families also
contribute significantly to the "abal-abal” phenomenon because once these criminals commit crimes, simply disown them. useless
Therefore,
the inmates
their
families
feel hopeless and
and that they do not have any opportunity to prove
that they are good fellow citizen within society. just unforgiven people.
Since they are unforgiven,
They are they
never try to be good citizens. Within Cipinang walls, inmates who always are the
we also easily see some other
isolate themselves
from the crowd.
inmates who are sentenced to death.
spacing out and do not talk easily to their
These
They like fellow inmates
nor do they involve themselves deeply in any subject of conversation.
The reason is,
as one of the inmates
told me:
It is useless to talk and to be with anyone. We are dead already long time ago. Just imagine, we count every minute to when the guards come to knock our cell doors in the middle of the night to tell us to pray for the last time before they take us to the execution court. Cou nting every minute within 10 or 15 years is an exhaus tin g job. To tell you the truth, they still keep our bodies, but they took our souls a long time ago. Our eye balls may still move, but they do not have any light there anymore. In short, execution day, already.
these inmates
feel that in waiting for the
they have experienced the pain and the death
They feel that they are killed twice.
Similarly,
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369 Johnson found inmates who are in death row feel that they were dead before the execution. and lack spirit; bodies.
their souls are no longer with their
In his study that
on death row,
They live in high anxiety
Johnson
focused on the character of life
found the condemned prisoners are no
longer subjected to the indignity and pain of physical torture.
The con demned are held captive
they have depleted their legal appeals, with much dispatch.
This
in isolation until then they are killed
is a real psychological torture.
Since any torture is unjust,
therefore,
the death penalty is
also an unjust punishment. It is also an undeniable
fact that the criminal
inmates
have a tendency to form organizations which have groups and leaders,
while the political
respect,
the criminal
inmates do not.
In this
inmates choose their leaders by
electing someone who has the most severe criminal outside the walls.
In other words,
record
the more severe the crime
someone had committed outside the prison,
the more
probability he will be chosen as leader inside the prison. The reason behind this
fact is that the criminal
not bound by any pa rticular belief or ideology,
inmates are so it is
easy for them to form groups within the walls because they
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370
live on the same boat with other criminal inmates. addition,
they form groups
from other criminal outsiders. criminal
in order to protect themselves
inmates,
guards or officials or
For security reasons,
inmates
In
it is important
for the
to form groups because they believe that
since their criminal activities outside resulted in hurting, harming,
and killing other people,
killed by other people criminal
inmates
reciprocity. criminals
inside the walls.
In short,
the
truly believe in the principle of
That is why they always elect
as their
inmates cannot different
they also will be hurt or
leaders to protect
the most vicious
them.
The political
form groups because they are separated by
ideologies.
These
ideological differences do not
provide a common ground and platform for the political inmates
to form groups or alliances within the walls.
They
are even suspicious of each other. Both the criminal and political in answering question number percent of the criminal within the walls,
inmates
(Safety).
Eighty-seven
said that they feel insecure
while 95% of the political
that they feel secure. feel
1
inmates are also split
inmates
I believe that the criminal
insecure within the walls because they believe
said
inmates in a
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371
reciprocity principle.
Since these criminal
committed crimes by harming, outside the walls,
hurting,
inmates
and killing people
they believe that the family of those
victims will eventua lly come to the prison to retaliate. That
is the reason why they always
inmates,
on the other hand,
not commit crimes
have strong convictions
inmates
in what they believe, In short,
themselves
criminal
inmates.
very unstable, criminal are not
friends.
acquaintance.
the criminal
The criminal
is not The
This
its own
This
inmates are much more stable than the
inmates are always anxious, In short,
like home,
prison
and their
for the
fellow inmates
key issue here is the absence of
is led by the fact that the
from various different ethnic backgrounds group has
inmates
the political
their lives within the walls
and vulnerable.
inmates
Since they
for the people’s interest.
also explains why the political and able to cope with
they did
they are very
for their own interests while
sacrifice
Political
so they do not
their security inside.
themselves.
sacrifice people
strongly believe that
against anybody outside,
have to be worried about
confident about
feel insecure.
inmates come
and each ethnic
language and standards of conduct or
behavior in a public setting.
For instance,
Javanese people
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372
consider it very impolite to cross
legs while setting on a
chair while Batak and Buginese do not.
It is a taboo
for a
Javanese people to touch a person's head while Ambonese consider touching a head as a symbol of friendship or a close
relationship.
This assumption is sustained with data
from question number that the criminal
11
direct
Finally,
inmates who come from the same ethnic
guards and officials have a large and
contribution to the incohisiveness of the inmates.
Strategically, riots
which shows
inmates share their feelings and problems
only with their fellow background.
(With Whom They Share),
fragmentation of the inmates prevents mass
against the institution.
guards and officials,
Therefore,
having the inmates
dynamic and in distrust of each ether, control
criminal and political (69%)
basis because
(Emotional
allows
them to
(92%)
F e e d b a c k ) , both the
inmates also differ.
like and demand visitors
The criminal
to visit on a regular
they can entertain them and consider visitors
to be a symbol of respect and love, inmates
in a fragile
the inmates easily.
In question number 4
inmates
in the minds of
while the political
do not demand visitors.
In fact,
the political
inmates even consider visitors as personal burdens,
it is
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373
very obvious outside,
that since the criminal
inmates committed crime
they feel guilty and isolated,
have visitors, in general,
they feel visitors
still
respect them.
so whenever they
in particular and society
However,
31% of the criminal
inmates prefer not to have visitors simply because the guards or officials,
and their fellow inmates,
always
that they share what the visitors brought them.
insist
Ironically,
the guards or officials and fellow inmates cannot understand that not every visitor brings gifts or presents.
Rather than
have problems with guards or officials and fellow inmates, these criminal
inmates prefer not to have visitors.
reason can also be applied to the political not demand visitors
The same
inmates who do
to come on a regular basis.
These
inmates even prefer not to have visitors because the prison authorities always so visitors
interrogate them after having visitors,
for them are always personal burdens.
In questions 2 criminal
(Activity)
and political
activities
and 3
(Privacy),
both
inmates share the same view:
no
and no privacy is needed inside the walls.
eyes of the inmates,
In the
the only routine activities that they
have is praying and listening to the lectures of the officials or visitors.
As a result,
some inmate get return
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374
to prison after they are released because they do not have any skills or knowledge to sell or to offer on outside. addition,
I also believe that lack of activity results
high anxiety and tension
That
is the reason why
loyal or accountable to each other,
and distrust each other.
insufficiency.
This is not the only reason however,
in industrial sectors within the prison walls.
to invest
I believe
for not having work within the walls
the view that the state has toward criminals.
The state
still holds a traditional view that criminals
committed
crimes because
the
is a consequence of
because the government can invite private groups
that the main reason
but suspect
According to the institution,
unava il ab il it y of work inside the walls budget
Furthermore,
lacking a means by which to
socialize and support each other. they are not
in
for the inmates because they have
nothing that can distract them from boredom. lacking work also means
In
they are not religious.
Therefore,
is
the
institution puts much weight on religious activities to solve the problem.
The institution believes deeply that the
inma te s’ mental attitudes, Furthermore,
in this regard,
need to be fixed.
the state also still believes that criminals
represent a sickness within free society.
In order to keep
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375
society healthy,
we need to isolate that sickness.
By
incarcerating the criminals,
society will be
sickness.
according to this belief,
The only solution,
simply to isolate or imprison the criminals, is not
do not need privacy, preferences
believe that
irritants
peace and quiet,
sc that society
they can have and absent of
this attitude reflects
Indonesian values,
Indonesian people
that being with other people means
and caring.
ke iu a rg a” (“whether or not,
you are starving,
you have
kumpul
food to eat or
is all the same as long as you gather with
or members
of your family") . In short,
(physically ad psychologically)
With this value,
was unsuccessful
reflected
asal bisa
people believe that the more people they have,
are.
respect,
This attitude can be perf ec tly
by a phrase “m aka n tidak makan sama saja,
secure
I firmly
like to be with other people all the time because
they believe
the crowds
agree that they
such as noise and crowding,
namely collectivism-communalism. culturally
inmates
in terms of space where
for isolation,
environmental
dengan
is
inflicted.
3oth the criminal and political
love,
free from the
Indonesian
the more
and advantageous
family planning program,
they
therefore,
in the beginning because people did not
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376
want to be kept from having babies. the reason why the concept of life
This also can explain insurance
is unsuccessful
in Indonesia because people believe that the more people they have
in their
families,
the more possibilities
insured by their members of family. insurance because their
same views on questions
5
(Images Toward Guards),
eyes
in particular,
and life
in general.
Both the criminal and political
7
There is no need for any
family or friends will take care of
them when they have health problems problems
they are
of the inmates,
inmates
(Order/Structure), and 8
also share the 6 (Assistance),
(Function of Prison).
In the
the order of prison is very
inconsistent and partial.
The order or law of prison is even
po rtrayed as belonging to the guards and officials because they are the ones who determine the order within the walls. Since the order there
is inconsistent and partial,
therefore,
is no justice and fairness within the wails.
Justice
and fairness only belong to those who can afford to buy them by offering money to guards and officials.
The order is
always
no inmate has
subject to change.
ever seen the written law regulates their
In this respect,
(The Law of Prison of 1317)
lives within the walls.
that
The Cipinang prison
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377 also does
not have the law in its office.
Since the inmates
never see and are told their rights and duties as required by the law,
they cynically perceive the guards and officials
as the law. Both the criminal and political
inmates agree that
sincere and unconditional assistance from guards and officials
are absent within the walls.
However,
assistance
is always available to those who can provide or offer something to guards and officials
in return.
Lack of
unconditional and sincere assistance from guards and officials
leads to bad images of both the criminal and
political
inmates toward guards and officials.
inmates,
For the
the guards or officials are corrupt people,
in
terms of not performing their duties as they are supposed to.
They are power abusers because they are not
use physical violence purposes.
Moreover,
toward the inmates
something
for their own
the guards or officials are exploitative
and oppressive people. expect
reluctant to
They are nice when they need or
in return from the inmates.
As a consequence of the inconsistency and partiality of the order of prison, assistance
lack of sincere and unconditional
from guards and officials,
bad images toward
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guards or officials,
the inmates perceive that the prison
totally fails to function as a rehabilitative institution that provides the opportunity for inmates after being inside. In sum,
inmates,
It is rather a retributive
the inmates view that the
rehabilitate,
train,
to be better off
educate,
institution
function of prison to
and teach skills to the
to prepare them so they can adjust themselves
the
real society,
the
fact that some inmates came in and out of prison at
least twice.
totally fails.
Ironically,
in
This view is sustained by
the latest charges that were
imposed on them are tougher than the previous charges.
Thi
is a clear evidence an indication that the prison even worsened the inmates because they learn more and higher quality of crime
from the prison.
Having had this data, problem here
is the Law of Prison of 1917,
lives within the walls, officials.
it is clearer to me that the ma
This
that regulates
is truly in favors of the guards a
law has over 100 provisions of which only
two provisions deal with the rights of the inmates. Article are
40
(2) of this law,
for instance,
Under
all the inmates
required to obey any orders of guards or officials
without
reservation and the inmates cannot even question t
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379
orders.
Any objection of the orders means a new punishment
within the walls.
This
is an irrefutable
fact that the law
of prison of Indonesia that still prevails today of which is the heritage of the Dutch administration,
reflects the
attitude of a colonial power toward its colony. law is not in favor of the inmates, are over power toward the inmates. view the guards exploitative. officials
Since this
the guards or officials Therefore,
the inmates
and officials are power abusers and
Due to the unlimited power that the guards and
have,
the inmates perceive
the order of prison is
inconsistent and partial because the law is determined only by guards
and officials.
Ironically,
these views are
perpetuated by the prison by not offering or providing the law to its inmates,
so the inmates cannot clearly read and
unders tan d their rights and duties within the walls. It is very unfortunate that the government still
keeps
of date.
the Law of Prison of 1917,
In this
respect,
of Indonesia
which is already out
it is my firm conviction that
there are three main reasons why the government of Indonesia still
keeps
Indonesia
the law unchanged.
First,
the government of
takes advantage of the law which does not require
the government
to provide appropriate
facilities and
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380
guarantee the rights of each inmate.
In this way,
the state
does not have to spend a lot of money to satisfy the needs of the inmates.
Second,
since
Indonesian society is a
com mun al ism -c oil ec tiv is m society which puts much emphasis more on collective
rights than on individual
rights,
rights of inmates which are considered individual are not a first priority. matter of fact, Indonesia
The government of Indonesia as a
from the Dutch because those laws deal
with the protection of the community as a whole, Finally,
the government
rights,
has already changed some old laws that
inherited
Criminal Law.
the
since
such as the
Indonesian society as well as
consider and view criminals as a disease of
society that has to be eliminated and avoided, are truly ignored.
Therefore,
the inmates
Indonesian people have never
bothered to pressure the government and Parliament to enact a new law of prison, 3esides
the
to conflictual
replacing the prevailing law.
legally justified unequal power that leads
relationship between inmates and guards or
officials within the walls,
I also suspect that most prison
guards or officials who were born and raised around the area where the prison
is located,
feel that the inmates destroyed
their local environment by committing crimes.
To this,
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those
381
guards
or officials
from outside,
feel that the inmates who mostly come
far away from the area,
are outsiders who
penetra ted or invaded the guard ’s territory. mind,
With this in
the guards or officials believe that whatever they do
to the
inmates
hometown.
is simply an effort to preserve
The guards portray themselves
their
as the heroes of
their hometown. In question number 9 (Due Process), and po litical
both the criminal
inmates agree with the fact
that they were
given unfair trials because their sentences set before process,
the trial began.
Furthermore,
had already been
during their due
they were physically and p s y c ho lo gi cal ly tortured
and intimidated by police or military personnel and prosecutors judges,
to extract
prosecutors,
their sentences, inmates.
information from them.
police and lawyers
are common experiences
Ironically,
Bribing
in order to lower for the criminal
they found out later that their
sentences were never lowered even though they paid the amount of money they were required to pay. police,
judges,
and lawyers
The prosecutors,
lied to them by telling them
that their sentences according to the prevail ing Criminal Law,
were and that they could be lowered if mon ey was
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382
provided.
This
fact was never done by any political
because they are educated enough to know the since the political beliefs,
inmates
law.
inmates
Moreover,
have strong convictions
in their
they always mainta in their integrity and reputation
as moralists. Due to the
fact that due process
in the eyes of the inmates, present.
They brought
them to the prison.
is unfair and unjust,
justice in Indonesia is never
these attitudes and beliefs
As a result,
along with
these inmates never see
justice and fairness within the w a l l s , regardless
of the
efforts of the prison institution to make them feel comfortable and treat them fairly and justly. are
full of hatred toward their due process
police or m il it ar y personnel, lawyers.
This undoubtedly affects
perceptions state
prosecutors,
These
inmates
that involved judges,
and
their images and
toward the prison and guards because prison
is a
institution and guards or officials are parts of or
members of the state apparatus. A similar view between inmates also appears
the criminal and political
in question number 10
(Agenda). Most of
them admitted that they do net have any clear pictures what they are going to do
of
in life when they are released.
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383
They do not have a future agenda the walls. inmates,
outside
The lack of a future agenda for the criminal
I believe,
is a result of their lack of skills and
knowledge necessary to market The prison
in the real world,
themselves outside the wails.
institution as the inmates admitted,
provided them these skills and knowledge. fellow citizens,
as the criminal
Consequently,
The unforgotten
inmates call themselves,
feel useless and isolated from society. cannot even envision what their
never
Therefore,
lives will
they
look like later.
they also lose their spirit and optimism to
live side by side with their fellow citizens outside the wails.
To this,
the images and beliefs that society and
state have toward criminals that they are
a disease of
society that must be eliminated and avoided,
have
significant contribution.
on the other
hand,
Political
do not have a future agenda
believe
inmates,
simply because they
that the government considers
Therefore,
the government will prevent them from having good
opportunities influential
to have power
social powers)
fellow citizens, themselves,
them as the enemy.
(can be economic, in free society.
as the political
political,
or
The unforgiven
inmates also call
do not have any clear pictures about their lives
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384 outside the walls. these political any roles
As they witness
former political
inmates,
inmates realize that they will never play
in free society when they are released as long as
the regime who put them inside the walls,
is still
in power.
This explains why they do not have any future agenda. Another similarity that both criminal and political inmates
share,
is their experiences within the walls as
explored ir. question number
12
(Best and Worst Experience) .
Both groups of inmates acknowledged that they do not have a best experience within the walls because the prison was designed not However,
to provide a comfortable life for its inmates.
both criminal and political
worst experience within the walls guards
and officials because
their lives.
inmates
agree that the
is to be disliked by
they are the ones who decide
The guards or officials
in the eyes of the
inmates can be miserable because they are the law and order within the walls. the findings
This data can lead one to conclude that
in question
Inmates Toward Guards),
5
(Order of Prison),
7
(Images of
and 8 (Prison fails to function as a
rehabilitative institution), In regard to sharing
are sustained.
feelings,
asked in question number 11,
ideas,
the criminal
and goods, inmates
as
split from
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385
political
inmates.
feelings,
ideas,
who come
Most of the criminal
and goods only with their
from the same ethnic background,
political
while the
inmates to share with
fellow inmates who are not from the same ethnic
ba ckg ro un d indicates are
fellow inmates
inmates share only with members of their family.
The unwillingness of the criminal their
inmates share their
that group alliances within the prison
formed based on ethnicity,
inmates.
In other words,
ethnic alliances transcend
alliances
based on education,
religion.
This
multi -cu lt ura l
especially with criminal
age,
social status,
is very understandable society
since
and
Indonesia
is a
(with over 200 ethnic groups where
each of them has its own language and c u l t u r e ) . In addition, as an archipelago country, islands another.
Indonesia has over 13 thousand
that geographically separates one place Therefore,
United States, Second,
the notion of a “ma lt ing p o t " like the
is absent
in the Indonesian society.
the high percentage of the criminal
want to share only with their ethnic background, these
inmates.
insecure
from
fellow inmates
inmates who
from the same
clearly proves a lack of trust among
They suspect each other which makes
to share.
It is an undeniable
them
fact that this data
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386
strengthens provides
the
finding in question number
that 87% of the criminal
inmates
1 (Safety), feel insecure
within the walls.
This also validates the finding in
question number 2
(Activity), which shows
criminal
inmates
and help each other.
opportunity,
that
92% of the
find themselves without a routine activity
which can provide them opportunities support,
which
to get to know,
By not having this
kind of
the inmates obviously do not trust and respect
each other. With feelings, family,
respect ideas,
to the political
inmates who share their
and goods only with the members of their
I believe this
fact is a result of the belief that
sharing can have many meanings within the walls
to the
political
inmates.
the
political
inmates are always
This
is understandable since
suspected by the prison
institution in their every day activities. environment,
the political
Living in this
inmates do not want to cause
trouble in terms of whom they deal with in their daily lives.
Therefore,
inmates because
they prefer not to share with their
they can also be a subject of suspicion by
the prison institution. political
fellow
inmates
Moreover,
the unwillingness
of the
to share with other criminal inmates stems
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387
from the fact that the criminal socialize with the political
inmates
reluctantly
inmates because the latter
believe that the former could be dangerous. un de rscored by the prison political
This is
institution which considers
inmates to be enemies of the nation.
to the political
inmates,
the
With respect
I believe that one of the main
reasons why they do not share with each other is that their ideological other.
and political affiliation differ
These differences account
political
for the fact that the
inmates cannot and will never be acquainted with
each other. with the
from one to the
For instance,
communist
fundamental Moslem inmates,
activists
inmates never get along so too East Timor
do not get along with student activists.
Question number
13
(Source of Stress)
provides
similar
views and experiences
for both the criminal and political
inmates.
inmates experience that their source
The criminal
of stress
is the animosity from guards and officials,
the political
inmates.
This
as do
is not odd because the inmates
ackno wle dge d that they do not have a best experience within the walls, Worst
as indicated in question number 12
(Best and
E x p e r i e n c e ) , because the prison as a whole was
designed to make the inmates suffer.
In addition,
the
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388
domination of guards and officials as they govern the every day lives of the inmates always create uncomfortable feelings
for the inmates.
chat the worst
Therefore,
life or experience within the walls
disliked by the guards or officials. question
the inmates experience
Furthermore,
is to be in
5 (Order of the Priso n) , the inmates see that the
order of the prison is very inconsistent and partial because it solely depends on the guards or officials. respect,
In this
the inmates even see the guards or officials as the
order or law of the prison.
In sum,
since the guards or
officials are dominant or unquestionable powers within the wails,
the inmates always
feel subjugated all the time.
Therefore
they consider that being disliked by guards or
officials
is a main source of stress because the guards or
officials
are the ones who determine what to do and hew to
behave within the walls. findings
This undoubtedly sustains the
in question number 5 (order of prison
is
inconsistent and p a r t i al ), 6 (assistance without from guards
is absent),
7 (guards or officials are corrupted
and exploitative officials,
and power abusers),
(prison fails to function as a rehabilitative However,
conditions
and 8
institution).
the political inmates also found additional
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389
sources of stress,
namely being sick within the walls
the insistence on the part of prison officials, personnel,
military
and other governmental officials on a confession
of past subversive activities detrimental whole.
and
According to these inmates,
to the nation as a
being sick within the
walls can be miserable because of the lack of medical treatment.
This is very reasonable because these
better than the criminal used to modern medical standards or needs The pressure political
inmates economically,
treatment.
their
are not met by the institution. for the
is another source of stress.
This
is led
by the fact that the insistence of confess ion is against principle of consciousn ess of the
for.
principles In this
These beliefs
for what they stand and
are against the beliefs
or
that the government established and insisted on.
respect,
that being
the
inmates because these
inmates hold solid and deep beliefs fight
are
so they are
Unfortunately,
to confess of wrongdoing,
inmates,
inmates
a former Indonesian political
forced to confess his involvement
in subversive
activity was stressful because on the one hand, ob ligatory order while on the other hand,
inmate said
it was an
it was against his
moral principle.
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390
Even though the political stress within the walls always
inmates have more sources of
than the criminal
inmates,
they
try not to let themselves be affected by stress
because
they believe that their faith and political goals
enable them to keep their hopes alive all the time. and political goals engender optimism, pressure of stress. short,
thus
Faith
reducing the
Their faith and political goals,
in
are more important than their immediate situation,
they are able
to cope with their lives within the walls
regardless of
the stressful environment they are facing.
This
so
is a clear cut distinction between the political and
criminal their
inmates who on the other hand cannot cope with
lives within the walls. Opposite experiences of the criminal and political
inmates
surface again in their answers to question
(Family Background).
While most of the criminal
raised in a family with very strict rules, having a say when deciding what is,
everything was decided by their fathers,
strict
rules.
their mothers
In this respect,
inmates were
in terms of not
to do in their
inmates were raised in a good and normal
14
lives,
that
the policical
family without
the criminal
inmates chose
as role models rather than their
fathers.
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In
addition,
since the criminal
inmates were raised in a very
strict society where the fathers were too dominant,
they
were not given any choices and these inmates left or ran away from homes at an early age. criminal
Along this
line,
inmates acknowledged that they are also
religious up in that
families while the political kind of environment.
families
from
inmates did not grow
The next difference is that
a high percentage of the criminal inmates are dysfunctional
the
(broken homes)
from
while the political
inmates are from solid and fine families. This data tells us that the criminal
inmates grew up i
an environment where they were unable to have choices their
lives.
These
in
inmates were unable to decide which
direction or path to take
in life because everything had to
be decided by their fathers.
This is understandable because
Indonesian society is still guided by a patriarchal system which provides unlimited and unquestionable powers to fathers within the family.
Mothers and other members of the
family under this system have no say. The above data indicates that the family background of the inmates contributes significantly to the criminal activities that the inmates had committed,
especially the
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392
domination of their
fathers who did not offer any
alternative ways of life to their children.
Furthermore,
the
fathers who are power abusers paved a away for their children to leave home at an early age with angry motives. This undoubtedly led the children to take an unusual direction
in their lives.
It is very unfortunate
religion cannot prevent the inmates activities. values
In short,
the influence of family and society’s an opportunity to
to have unlimited powers within the family)
more dominant the criminal
than religious values
solid,
dominating
are much
to shape the behavior of
inmates.
On the other side, fine,
from committing criminal
(patriarchal system that provides
fathers
that
not strict
father,
by claiming
that they are from good,
families with the absence of a
the political
inmates’ family background
and social environment do not contribute to their political activities which This means beliefs,
in the eyes of the government,
the political
inmates’ political affiliation,
and activities are determined solely by their
personal choices and decision. beliefs,
are illegal.
In other words,
their minds,
and political affiliation and activities are not
designed and shaped by anybody or anything,
but by them
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393
alone.
This
is very rational since politics
personal decisions, these political
is a matter of
especially when it requires
sacrifice as
inmates have already experienced.
the consequences
before,
They knew
so they consider their
incarcerations now as part of the price they have to pay for their personal decisions. For the last question, Criminal
Inmates,
Images Toward Political or
is not a promising
feature,
in terms of
assimilating and socializing between the criminal and political
inmates.
perceive each other
These two groups of inmates view and in opposite ways.
The criminal
inmates
answered that they do no like their fellow political because they are inmates,
so arrogant.
the political
inmates
In the eyes of the criminal like keeping their distance
and they like to look down on criminal inmates experience
prison language,
the mass
discuss,
with them.
inmates view their
inmates.
that their fellow political
not willing to socialize:
chat,
As a result,
fellow political
The criminal inmates are
share,
and use the
the criminal
inmates as exploiters
for their own political goals.
not do anything
inmates
of
They basically did
to improve the lives of the people whom they
always claim to represent and defend.
Lastly,
the criminal
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394
inmates view political
inmates as a danger because they can
influence other beliefs and destroy the nation. In the eyes of the political side,
the criminal
because
inmates,
on the other
inmates are lazy and selfish people
they sacrificed people and broke the law and order
of society
for their own interest.
They never think of the
interests and benefits of other people or society. actually can be productive, themselves,
making
the political
such as reading,
furniture,
inmates,
etc.
In short,
They
learning by according to
their fellow criminal inmates are
people who always want to take the short cut in life without working hard.
They want to be rich by sacrificing and
victimiz ing other people. It is very obvious to me that the political not socialize as much as the criminal because political
inmates expect
inmates do not have much time.
their own activities that keep them busy, writing while activities.
the criminal
are dangerous
them to
They have
namely reading and
inmates do not have these kind of
We can also learn
of the criminal
inmates do
from the finding that the view
inmates that their
fellow political
to their beliefs and nations,
influenced by the institution.
inmates
is surely a view
These inmates were told and
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395
convinced by the institution that their fellow political inmates,
especially the communists and extreme Moslems,
dangerous
to religion and the nation since these two groups
carry their own policical
ideology and goals
against the established national political causes
are
the views of the criminal
political
that are
ideology.
This
inmates toward the
inmates to be very biased.
Furthermore,
I do not have any doubt that the
opposit ion of views between the criminal and political inmates prison
toward each other,
is a result of the policy of the
institution to keep them separate because the
institution is afraid that the political potential wails
inmates have the
to be intellectual actors of mass riots within the
since the they have a record against
government
in terms of questioning the existence of the
government or state. statement strictly
the state or
I support this belief by quoting a
by a prison official: for the political
“We enforce the rule
inmates
in order to prevent them
from dealing with outsiders while imposing the rule strictly to the criminal prison
inmates
in order to preserve
the order of
for their own sake."
In addition,
the demarcation line between the criminal
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396
and political inmates also lies in the strong belief that the political inmates hold.
While the political
ideologically driven to better society, are self-interest oriented, society.
Ironically,
this deep gulf,
inmates are
the criminal
inmates
and can be considered against
the institution of prison preserves
so a common environment and experience is
not the most effective vehicle to erase the distinctive line. In short,
there are two main issues that
I found from
the field which are not explored or studied yet by any other scholars or researchers.
First,
of having space of their own,
the idea of privacy in terms
cannot be applied to the
Indonesian prisoners because culturally Indonesian people like to be with other people time.
This
(communalism society)
is very unique phenomena because the inmates
found their
lives within prison are always
they do not demand their own private rooms. Indonesia
all the
is different
from other society,
in danger but In this respect, especially in
Europe and the United States where prisoners demand privacy more than other demands. Second, their lives,
the behavior and images of the inmates fellow inmates,
guards/officials,
toward
social and
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397 political
system inside prison,
cannot be separated from the
unfairness
of their due process.
unfairness
of due process have positive correlation with the
way the
In other words,
the
inmates cope with their lives within prison.
Due
process determines whether the inmates get better or worse off inside prison.
2.
Recommendations
In order to develop a more civilized and rehabilitative institution, Parliament, prison
the Indonesian government as well as the truly needs
to replace the prevailing
(Gestichten Reglement of Stbld.
1917 No 709)
truly in favor of the guards and officials. for the
law of that
is
It is necessary
Parliament and executive branch of the government of
Indonesia
to enact a new law of prison that can provide more
freedom and comfort
to the inmates,
a law that does not
guarantee absolute powers to guards or officials and on that can preserve prevailing
the inalienable rights of the inmates.
law not only provides unquestionable power to the
authority and deprives still
reflects
colony. this
the inmates of their rights,
but also
the attitudes of a colonial power toward its
Therefore,
line,
The
it is out of date and inhumane.
it is also necessary for the government
Along to lift
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398
the Anti S ub ve r s i o n - A c t , which is used to charge any citizen who questions the policy of the government. act
Moreover,
this
is the most strict instrument to imprison citizens as
political prisoners.
This
proved its effectiveness
legal
instrument has already
to control
individuals and
organizations that are against or even question the policy of the current
regime of Indonesia and is very elastic
terms of its purposes.
in
It can be used for any kind of
activity that individual or organizations do,
so long as
those activities do not match with the government’s, especially President Suharto's and mi litary’s policy. addition,
In
the prison has to also provide the written law of
the prison to the inmates,
so that the inmates can see
clearly the law that governs
their every day lives within
the walls. The government of Indonesia does not have any choice except to invite private sectors activities
to run profitable
inside the walls of the prison,
so the inmates
will have constructive every day activities. routine activities socialize,
help,
inside the walls,
support,
Moreover,
with
the inmates can
and earn money,
get along with each other and feel useful.
so that they can In this way,
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the
399
inmates will not suspect, against each other. and knowledge, released.
distrust,
Moreover,
and fight
the inmates will have skills
so that they can get
In this
dislike,
jobs when they are
respect, the institution should shift
their po li cy from concentrating on religious activities and approach to being more practical because religious activities do not improve the attitudes and economic conditions
of the inmates.
To prevent the inmates from to recommitting crimes,
it
is nec ess ar y for the institution of prison to separate between the petite criminals or those who just committed a small crime
from the true criminals.
As the data
indicated,
most of the inmates are not better off when they are released,
but worse off.
Some of the inmates even committed
more criminal activities when they are released because they get their criminal better
lessons from the prison.
if the petite criminals,
inmates who
It is even
par ticularly the young
just start to commit criminal activities,
given alternatives punishment,
are
such as community service.
To avoid conspiracy and hatred between certain inmates and guards or officials,
the best way is to rotate the
guards and officials on a regular basis,
three years
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400
maximum.
With this way,
the guards or officials who were
born and raised in the area where prison is located, always maintain
and
images or beliefs that the inmates are
intruders and destroyers of their hometowns which affects their treatment of the inmates, As government officials, professionally,
can be solved.
in order to perform their jobs
the guards and prison officials need more
education and skills.
The recruitment process of prison
guards and officials,
has to involve psychiatrists,
guards and officials the
field.
because
selected are people who love to work in
They should not become guards or officials
there are no other
particular, inmates
jobs available.
Those guards
in
who are directly confronting or facing the
in every day life
skills and knowledge, emotions.
so the
In addition,
(security division),
need more
par ticularly of controlling their they also need more understanding of
psychology,
rather than physical muscles.
It is an
irrefutable
fact that the persons who are in charge of the
security division are those who have the least
level of
education. The institution needs
to provide the Moslem inmates
spiritual mentors who have psychological background.
Unlike
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401
C hr ist ian churches
inmates who always have personal from outside
the walls provide,
have nobody to talk to personally. n ec ess ary
for them,
e xpr ess ing
counseling that
the Moslem inmates
Personal counseling is
so they can lessen their pain by
themselves
to someone whom they really can rely
on or trust. Due to the
fact that both the criminal and political
inmates ad mitted that due process was brutal physically and psychologically, governm ent
and therefore unfair and unjust,
truly needs
to guarantee every citizen the
pri nciple of presump tio n of innocent. stage,
the
Under the due process
nobody can be judged as guilty because they are not
found guilty by the court yet, prosecutor,
mil itary personnel cannot
guilty person. illegal.
therefore,
This
the police,
treat anybody as a
Physical and psychological
tortures are
is very important since the inmates
e xp er ien ced that their due process was unjust
and unfair,
so
that they affect their attitudes and images toward the institut ion of prison. unfair and unjust,
Once they feel their due process were
they will automat ica lly
toward their imprisonment,
feel the same
regardless of the efforts that
the institution of prison put to improve the quality of the
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402
prison. There is an urgent need to shift the conviction of the state as well as society toward prisoners.
State and society
still hold the conventional belief that prisoners committed crime simply because they lack morality, has
so that religion
to play a big role to alter their attitudes.
criminals are
immoral,
them completely
they must be condemned:
from society.
Since the
isolating
The condemned fellow citizens
do not have any place within society,
even though they have
already served their imprisonment as the social price that they had to pay.
This belief
is not entirely wrong.
However,
today criminal activities must also be viewed as social phenomenon, criminals in mind,
including the social environment where the
live that
forces them to commit crimes.
With this
state and society do not have to condemn and
abandon their
fellow citizens who are or were
imprisoned.
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