Hak-Hak Narapidana dan Implementasi e-Grasi Pasca Permenkumham Nomor 26 Tahun 2023: Studi Normatif dan Empiris di Lapas Kelas I Cirebon

Abstract

This study examines the status of prisoners' rights in applying for clemency following the enactment of Minister of Law and Human Rights Regulation Number 26 of 2023, which introduced e-Clemency as an electronic-based clemency application system. This study begins with the question of whether the digitalization of clemency services truly expands access to justice for prisoners or creates new obstacles due to limited access, infrastructure, and digital literacy within correctional institutions. This research was conducted using a qualitative approach that combines normative, legal, and empirical studies based on materials contained in the source thesis. The results of the discussion indicate that e-Clemency is a normatively important innovation that aligns with the function of correctional institutions. However, its effectiveness remains dependent on the readiness of facilities, coordination between agencies, and the protection of prisoners' rights as human rights subjects. Therefore, the implementation of e-Clemency needs to be accompanied by strengthening infrastructure, socialization, and supervision to ensure the principles of justice, non-discrimination, and legal certainty are maintained.