Viral Verdict of Agus Case : UMM Law Lecturer Says Prisons Need Significant Reforms

Author : Humas | Friday, January 17, 2025 09:48 WIB

Kukuh Dwi Kurniawan, SH., S.Sy., MH., a Law Lecturer at University of Muhammadiyah Malang (UMM), emphasized the need for prison reforms to improve accessibility for disabled inmates. (Photo: Special)

The 'Agus Buntung (amputated)' case concluded with a prison sentence for the criminal act he committed. Many view this case as unusual due to the lack of accessibility in prisons for inmates with disabilities. Addressing these concerns, Kukuh Dwi Kurniawan, SH., S.Sy., MH., a Law Lecturer at University of Muhammadiyah Malang (UMM), emphasized the need for prison reforms to improve accessibility for disabled inmates.

Many prison buildings in Indonesia are relics from the Dutch colonial era. These facilities were originally intended to serve as places for criminals to undergo moral and behavioral rehabilitation. Unfortunately, no significant upgrades have been made, while the number of inmates continues to rise. Kukuh noted that the detention center in Bagansiapiapi is operating at overcapacity, reaching as high as 800% of its intended capacity. He emphasized that the effectiveness of inmate rehabilitation is far from optimal, especially for inmates with disabilities.

"Inmates are forced to fight for air inside overcrowded prisons. Imagine a single cell designed for 17 people being occupied by 60, under the supervision of just one officer. With such conditions, I believe the state must urgently provide concrete solutions and implement significant reforms," he stated.

Kukuh also emphasized that the state must provide mobility features for inmates with disabilities during their time in prison. He suggested that prisons collaborate with vocational centers to equip inmates with independent skills. Upon release, former inmates often face social stigmatization in society. Therefore, rehabilitation combined with independent skills training is essential to be implemented in prisons.

Furthermore, he stressed that every individual's actions must be held accountable, in line with the legal principle of "Equality before the law," which asserts that all individuals are equal before the law and responsible for their actions. This principle includes considerations such as a person's physical capacity. However, physical disabilities cannot be used as a defense or excuse, either under Indonesian law or international legal standards.

"Therefore, criminal offenders with disabilities are still subject to punishment and receive equal sanctions. This means there is no special treatment in criminal law for suspects or defendants with disabilities, except in cases where there are exculpatory reasons or when the individual is in an emergency situation," he added.

"Fundamentally, certain human rights are revoked by the state to administer justice for crimes committed. Nonetheless, he hopes that such cases will not be repeated in the future. Building a progressive nation requires commitment and collaboration from all elements, including both the government and society," he concluded. (din/will/ind)

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