State detention centers can be found in
Article 1 number 2 of Government Regulation Number 27 of 1983 concerning the
Implementation of the Criminal Procedure Code. State Detention Center has the
rules that listed in the Minister of Law and Human Rights Number 6 of 2013 that
in Article 4 Letter H Every Prisoners and Detainee is prohibited from storing,
making, carrying, distributing and consuming alcoholic beverages. In practice,
there are still prisoners or detainees who violate the rules. With the amount
of liquor entered into the Class II B
Detention Center in Bangkalan, so the problem the liquor could enter to
the Class II B Detention Center in
Bangkalan. The purpose of this research is to find out the law enforcement
process againts violators and to find out the factors that cause the prisoners
and detainee who store, make, carry, distribute and consume alcoholic beverages
then what the efforts made by detention center to overcome that violation.
This research is a sociologica juridical sudies
the subject to collect data from the Class II B Detention Center in Bangkalan,
Prisoners or Detainee and their Prisoners or Detainee’s friends. In conducting
the data, the researcher used interview and documentation method. Then, the
collected data were analyzed qualitatively.
The findings showed that in the process of
law enforcement in imposing disciplinary action is not using the rules that
written in the Minister of Law and Human
Rights Regulations Number 6 of 2013, prisoners or detainee are required to carry
out an initial examination by the head of security, then the result will be
report to the head of the detention center, after that the head of detention
center made a team of examiners in charge examining prisoners or detainee who suspected
of violating the rules, and the result of examination were written on the
minutes examination with signed by Prisoners or Detainee and examination team. In
contrast, officers in the Class II B Detention Center Bangkalan only searched
the room and confiscated evidence, which is alcoholic beverages. The obstacles factor
in law enforcement process are the factors of law enforcement, facilities, society
and culture. Factors causing the violation are not only from psycological
factor but also form “bad” friend invitation and lack of supervision.
Meanwhile, the efforts to overcome these violations are the detention center
should take decisive action, additional facilities, and more active
socialization or conseling and also attend seminar, education or training.
Keywords:
state prison, violation, liquor