RUU Permasyarakatan Potensi Obral Remisi Bagi Napi Koruptor
SEMARANG, JURNALJATENG.id – Rancangan Undang-undang (RUU) Pemasyarakatan berpotensi memberikan obral remisi bagi narapidana kasus korupsi. Hal ini diungkapkan mantan Wakil Menteri Hukum dan Hak Asasi Manusia, Denny Indrayana.
Komisi III DPR RI dan Kementerian Hukum dan HAM sepakat merevisi Undang-Undang (UU) Pemasyarakatan. Dalam revisi tersebut syarat-syarat pemberian hak-hak, seperti remisi dan pembebasan bersyarat, bagi terpidana kasus korupsi kembali mengacu pada KUHAP. Revisi tersebut nantinya akan menghapus PP Nomor 99 Tahun 2012 yang mengatur pengetatan secara khusus remisi terhadap terpidana korupsi.
“Jika RUU Pemasyarakatan ini berhasil lolos, potensi obral remisi dan hak-hak napi lainnya, khususnya napi korupsi,” ujar Denny dalam siaran langsung di akun Facebook Sahabat ICW, Minggu (17/5).
Sesuai ketentuan RUU Pemasyarakatan, kata Denny, syarat pemberian remisi dan hak-hak lain semakin di longgarkan. Hal ini tak lepas dari peniadaan Peraturan pemerintah Nomor 99 Tahun 2012 yang mengatur syarat pembebasan napi.
Denny menyebut PP Nomor 99 Tahun 2012 tidak melanggar UU yang ada karena sudah sering diuji di Mahkamah Agung (MA).
“Upaya napi korupsi untuk menghilangkan PP 99, melalui MA dan MK itu patah, ditolak argumennya. Jadi argumentasi ini hak napi dan melanggar HAM itu sudah basi. Sudah dimentahkan oleh keputusan Mahkamah Agung dan Mahkamah Konstitusi yang mengadakan PP 99 tidak melanggar UU,” jelas Denny.
Padahal dalam PP itu mengatur syarat seorang napi untuk menjadi justice collaborator jika ingin mendapatkan hak remisi. Sementara dalam RUU baru, persyaratan hanya meliputi kelakuan baik, aktif mengikuti program pembinaan, dan menunjukkan penurunan tingkat risiko.
“Itu menunjukkan ada politik hukum yang berbeda. Saya ulangi itu menunjukkan itu ada politik hukum yang berbeda dari masa sebelumnya. Dari awalnya dengan PP 99 itu pengetatan pemberian remisi, persyaratan dan lain-lain. Sehingga napi korupsi tidak mudah mendapatkan hak-haknya itu. Bukan tidak ada ya, tidak mudah, menjadi politik hukum yang lebih longgar. Karena syaratnya, kalau tidak dengan PP 99 itu lebih mudah. Yang kedua adalah pengesahan undang-undang ini menunjukkan politik hukum yang berubah. Dari awalnya mengatakan revisi napi korupsi menjadi lebih longgar. Sehingga ada potensi obral remisi,” kata Denny saat dihubungi detikcom, Kamis (19/9/2019).
Meski demikian, Denny mengakui revisi UU Permasyarakatan merupakan hak konstitusional dari Presiden dan DPR. Dia menilai jika penetapan revisi UU Permasyarakatan itu sah.
RUU Pemasyarakatan telah disahkan untuk di bahas Komisi III DPR dalam rapat paripurna pada 2 April lalu.
Pembahasan RUU Pemasyarakatan telah menuai polemik. Sejumlah pasal mulai dari hak rekreasi hingga ketentuan remisi dinilai semakin mempermudah pembebasan narapidana.
(HEBZ/JJID)
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