Extended Family Visit: fulfillment of inmates’ rights in the perspective of Mazmanian-Sabatier framework for public policy implementation

Abstract

The dynamics of society, along with the development of (correctional) science, have influenced the shift in the goal of punishment: from retribution to deterrence, rehabilitation and resocialization, and lastly, social reintegration and restorative justice. In Indonesia particularly, the effort to revitalize the philosophy of punishment and imprisonment could be traced back to Sahardjo’s conceptualization of “pemasyarakatan” in 1963, which later became known as the “sistem pemasyarakatan.” With the noble purpose of social reintegration, the corrections system, or "pemasyarakatan," aims to transform inmates' conditions through treatment ("pembinaan") and guidance ("pembimbingan"), while protecting their human rights. The guarantee of the protection of inmates’ rights is stipulated in UU Pemasyarakatan which includes thirteen different rights, including Cuti Mengunjungi Keluarga/Extended Family Visit (CMK) as an Indonesian rendition of conjugal visit. However, this article argues that the fulfillment of inmates' human rights, particularly their biological needs through CMK, has not been well-implemented. By adopting Mazmanian-Sabatier’s framework on policy implementation, this article would explain the fulfillment of inmates' rights through the implementation of CMK within correctional facilities. The article is divided into three parts. First, it outlines the findings from field research conducted in ten correctional facilities across Java Island. Second, it analyzes these findings using Mazmanian-Sabatier's Framework for Policy Implementation, focusing on the non-statutory variables that affect implementation Finally, the article concludes by discussing how these factors collectively impact the quest to fulfill inmates' rights and suggests potential actions for the future.