INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES (IJCLS) COMMUNITY OF CHILDREN INMATES AND ASSISTANCE SYSTEM IN THE PENITENTIARY: The Impact of Child Social System to the Assistance Process at Kutoarjo Children Penitentiary

Article Information ________________ History of Article: Received September 2017 Approved October 2017 Published November 2017 ________________

INTRODUCTIONS Penitentiary as a system of assistance, is a single coordinated system, integrated and has a purpose, such as rehabilitation and resocialization of convicts in order to become a good citizen (Poernomo, 1985: 240). Penitentiary in assistance institution is none other than a system of activity and development to socialize inmates back to society. Similarly, the purpose of a child's penitentiary.
The focal point of penitentiary activities is to assistance for those who become inmates to become law-abiding citizens (Poernomo 1985: 241). The assistance system itself, consisting of several sub-systems includes: (1). Regulatory instruments (2). Human factors (apparatus and inmates).
(3). Facilities and infrastructure, and (4). Society. All of these factors can have an effect on the success of assistance the inmates.
Inmates in penitentiarys are no exception but the build the children actual form and assemble within specific communities. Each group is collected and bound in a certain relationship framework, and has a system of shared understanding of solidarity, loyalty, affection, and respect and norm (Sykes and Messinger, 1998: 188).
The community of inmates or the community of the built children as a unique social system of its own, certainly difficult to understand if only seen just a glance from the "outside". It takes a systematic effort to know the values, the norms, the relationships, and the goals-through which and with what they live, and to understand both their own experiences and the world in which they live (Darmaputera 1987: 3).
So far, research on the social system of inmates especially on the assisted children in Indonesia has never been done. Previous studies have been limited to the juridicalnormative picture of the penitentiary system (Poernomo, 1985, Hartoyo, 1972, R A Koesnoen, 1969. As a result, there is no model, concepts and conventional picture that give explanation about penitentiaryer social system, and the assisted child let alone associated with the assistance system in the penitentiary area. The main objectives of advanced research are: (1). Find and map patterns and dynamics of relationships among targeted community members, and between community of targeted students and Penitentiary officers. The results of this mapping can be an input for the penitentiary in organizing and designing a communication system or a relationship conducive to the activities of assistance of children (2). Find and explain the impact of existing social systems within each community of learners on the implementation of assistance programs undertaken by Penitentiary.

Assistance as a Perspective
Child assistance as a factor of a human that will be assistanced, is one of the important element in the whole process of assistance in Child Penitentiary. The entire penitentiary system design, from the assistance program, the assistance mechanism, and the assistance implementers, is actually determined by the circumstances and the reality of the people who are to be fostered, the inmates.
Although human "convicts" live in a confined state, but instinctively they always want to relate to interact with fellow inmates.
This instinct is referred to as "gregariousness" (Soekanto: 1986: 73), which in the last instance will bear the so-called "social groups". In this context created social structure, social system, norms and so on.
The characteristic of a social group according to Schwarttz's research has a detailed, concrete, social rule system applicable to most of them knowing, appreciating and obeying those rules (Soekanto, 1986: 75) Thus the "community of the assistance children" is a collection people (convicts) inhabiting the Child Penitentiary (temporarily) who otherwise form "a society", and therefore have characteristics such as society in general.
As the set of convicted persons, the inmates are always under the control of the penitentiary officers. In addition, the inner penitentiary system continues to pose a "threat" to every inmate, either from fellow inmates or from penitentiary officials (Wheleer 1969: 193). That is why, it is common for inmates to form diverse groups with strategies to deal with the threats they face each time (Sykes 1971: 213).
Human factors (penitentiary officers, inmates, and society) are an important point. It is said that, because the penal system implies the formation of inmates who integrate with the community and lead to the integration of life and livelihood. The treatment of new ways of inmates should involve community participation. It is related to the doctrine that inmates can not be alienated from society. (Pornomo, 1986: 186). According to Hoefnagel, the stigmatization of society is one of the factors of a person becoming a recidivist (Muladi, 1999: 12).
Thus the principle of resocialization and rehabilitation has the meaning that human inmates are not solely individuals who live alone, but can only live in a social context and therefore their assistance must also be directed to the resocialization of inmates, assistance, and direction as a process of awareness as a social creature has its social obligations and responsibilities. Through the process, it is hoped that a penitentiaryer can be returned again in the community in an acceptable way.
As one of the central points of success of penitentiary development, the penitentiary community and its social system, must be known and understood by the penitentiary authorities. For, as Sykes and Messinger (1960: 185-186) have said, in the face of penitentiary officials, each group of inmates has a certain strategy, in the form of values and norms behaving that bind each member.
With such a system of values and norms, they are intertwined in a common goal. That is why, without an adequate understanding of the inmates social system, it is difficult to expect a directed and effective asistance on them. It is easy to imagine that a lack of understanding of the "essence" of inmates in the context of their social systems in the Penitentiary will result in the difficulty of proper assistance.
Not impossible if in the framework of the process of assistance such as conditional leave, conditional release, remission and so forth, there is a disagreement between the assessment of officers with the reality of actual inmates. This is a bit much caused by the lack of clarity in capturing or interpreting the logic of the behavior of inmates when dealing with the officers.
To find the "basic elements" of the social system within the community of inmates in the sample penitentiary, the system theoretical framework of Talcott Parsons used blades of analysis. In accordance with the basic scheme of theory, it is said that every social system always has four dimensions: cultural, social, political, and economic interconnected (Parsons, 1951(Parsons, , 1976. Analogously, it can be said that there are four basic elements of the social system within each community, including the penitentiary community, that is, the values that are respected and respected, the norms obeyed as the "rules of the game" in groups, the authorities that organize and lead the members groups and resources, both in the form of marriage and non-material. The element of value relates to a conception or shared understanding of something that is both noble and worthy to be considered, which requires the loyalty and common adherence of all members of the group. According to Theodore Steeman, the common value in a society is the most central element of the phenomenon of society as an integrated structure (Steeman 1973: 14). Therefore, in order to maintain a society's impression, each member is required to integrate under the values and norms that form the common normative framework (Johnson, 1990: 106).
Aspects of the norm, related to the agreement on the rules of the game (group of rules) in the group, or if the group members stick to the norms and "rules of the game" together. Coexistence is only possible, if its members are willing to abide by and follow the established rules of the game (Darmaputera, 1987: 7).
The structure dimension is related to the clarity and agreement on who has control over decision-making institutions on a matter within the group (Darmaputera, Ibid). While the element of resources, related to the ability, strength, and possession of material (money and other property) that sustains the activities and survival groups concerned. To achieve the desired goal, one needs support tools, both in the form of economic ability and non-economic capability. This resource factor acts as an adaptive power for a person, both in determining the means, means, and techniques of achieving the goal, as well as in considering the values and common norms that he must obey. In short, the dimensions of a person's resources serve as energy or strength that supports a person's ability to achieve meaningful goals for him (Bellah, 1992: 4).
With this theory, researchers attempt to express and explain the "basic elements" of social systems within the community that has been built in the penitentiary, in the form of values, norms, structures, and resources. Suspected, the survival or absence of a group is determined by the balance of elements of the system. Conflict that encompasses all of the four dimensions will have far more consequences than the "partial" conflict. Likewise, conflict in one dimension will have an impact and extend to other dimensions.

Assistance Program of Kutoarjo Children Penitentiary and the Purpose of Criminalization
The Kutoarjo Children's Penitentiary (CP) is the only Children Penitentiary located in Central Java and Yogyakarta Province managed by the Ministry of Law and Human Rights of the Republic of Indonesia. The residents of (CP) Kutoarjo come from the provinces of Central Java and Yogyakarta. The inmates of this CP are separated from adult penitentiary, because with various considerations such as morale and environmental considerations, and their way of assistance is also different.

Capacity
in Kutoarjo Child Penitentiary is 116 people but usually filled by inmates as much as 90 to 100 children or even been filled to 120 people. The rising crime rate in children resulted in the Kutoarjo Children Penitentiary (KCP) being overfilled. The number of inmates here is uncertain, because every day there are likely inmates coming in and coming in.
That's Contradict with adult penitentiary that are concerned with profitoriented skills for their development activities, (KCP) focuses more on education. Because the inmates or their assisted children are still in school age or under the age of 18 years. In such an age range education becomes very important. But in penitentiary there are 19-year-old inmates, this is because there are special considerations, among others, because the child has not completed the package, or because waiting for freedom is not too long. But according to the rules 18 more 1 day must be transferred to adult penitentiary, except with prior consideration.
Inmates who are a member of this penitentiary are from Central Java and Yogyakarta, the majority of them are still in school age. Therefore, this is the basis of the main service of Kutoarjo Child Penitentiary, so that the needs and rights of inmates as citizens can be met well, even though they are holding the status of inmates. To support learning activities at Penitentiary, various types of activities are also available, including: sewing activities, making batik sandals, agriculture, plantation, fishery, karawitan, music in addition to chase packets that became the main activity. This is justified by (KCP) officers who explained that "Work activities include livestock, fishery, sandal and tumpal crafts, plantations, agriculture, music and music".
The non formal educational activities in this penitentiary consist of various kinds, such as package chase, sewing, sandal making, farming, agriculture, music and music. The entire activities were carried out within a KCP complex located at Pangeran Diponegoro Street of Kutoarjo. This happens because the inmates are not allowed to leave the penitentiary environment so that all activities are centered in the penitentiary including for the existence of PKBM "Tunas Mekar".
PKBM "Tunas Mekar" was granted a standing permit for that reason. Before PKBM "Tunas Mekar" stood, the inmates cooperated with PKBM "Sawunggalih" to compound an exam as for graduated from senior high school. However, because it is less effective then inmates have an initiative to establish PKBM "Tunas Mekar" to meet the needs of children inmates. PKBM "Tunas Mekar" was established in 2010 and is incorporated in front of notary.
Educational activities at the penitentiary are well-scheduled. Evidently there is a schedule of activities that are issued the prison and the PKBM "Tunas Mekar" is well scheduled. For the pursuit of the package only takes place on Monday-Thursday at 09:00 to 11:00 pm. In addition, the implementation of activities also only take place in the morning, for all activities. But on Fridays and Saturdays there is also a separate activity, without the guidance of learning only the activities of art and skills while the day of activity is closed. Facilities for educational activities are also readily available, such as classrooms, libraries, art space, skill room, sewing room, mosque, field, garden, fish pond and cage for farm.
In the implementation of non-formal education it is necessary resources that have, both human resources and financial resources. For human resources it is necessary for teachers and supervisors to launch non-formal education activities in penitentiary. There are 19 teachers in penitentiary, consisting of 10 skill teachers and 9 tutors. The entire teacher is a permanent employee, for some teachers are imported from outside and some are from their prison officers. Surely the prison officers who have the skills and they meet and are able to become teachers.
KCP employees are also teachers to overcome the educational exam and also teach skills and art for children. So not all teachers come from outside of KCP. Lack of financial resources that cause teachers from outside is not too much. Based on Article 3 of Government Act No. 31 of 1999 on the Guidance and Assistance of Prisoners of Penitentiary, the guidance and assistance of personality and independence, including: (a) The devotion to God Almighty, (b) Awareness of nation and state, (c) Intellectual, ) Attitude and behavior, (e) Physical and spiritual health, (f) Legal awareness, (g) Healthy reintegration with society, (h) Vocational skills; and (i) work and production training.
Personality assistance program aims to make the Penitentiary Student to have a good personality and morals. Meanwhile, the development of independence (entrepreneurship) aims to make Skilled Educational Practitioners and train work such as livestock, farming, painting, and agate. It is in accordance with Article 2 Verse (1) of Government Act No. 31 of 1999 on the Guidance and Assistance of Penitentiary Residents Based on Article 7 Verse (2) of Government Act No. 31 of 1999 on Guidance and Assistance of Inmatesof Penitentiary. The phase of children penitentiary assistance are: (1) Initial Counseling Phase, are counseling starting from the status of the inmates Children up to 1/3 (one third) of the sentences period, (2) Advanced Development Phase, the follow-up assistance consists of: (a) The first stage of development, initial assistance is completed up to 1/2 (half) of the sentences period, (b) The second stage of follow-up, this assistance starts from the first assistance stage has been completed up to 2/3 (two thirds) of the sentences period, and (3) Final, is the final phase of the assistance starts from the end of second assistance phase that has undergone 2/3 (two thirds) of criminal period. Children Penitentiaryof Kutoarjo is realizing the purpose of punishment has implemented a assistance program in cooperation with the relevant agencies in Purworejo. Assistance programs that have been implemented include: (1) Teaching and learning activities, (2) Religious activities, (3) Skill activities, and (4) Food services.
Inmates children in KCP (children imprisoned), they are entitled to assistance, guidance, supervision, mentoring, education and training, and other rights in accordance with the provisions of legislation. KCP is required to provide education, skills training, assistance and other rights fulfillment in accordance with the provisions of legislation. This education and assistance program is overseen by the Penitentiary Supervision (BAPAS).
Special arrangements concerning the interests of the child's school in conflict with the law (including when conducting assistance in prison) are arranged in accordance with Article III point G on the Duties and Authorities of the Ministry of National Education and the Enclosure of Minister of Women's Empowerment and Child Protection No. 15 of 2010 (Act on General Guidelines for Child Handling "Women Empowerment and Child Protection 15 of 2010") that we can access from the official website of the Ministry of Justice and Human Rights, it is said that one of the duties of the Ministry of Education and Culture is to facilitate the provision of educational infrastructure support services as needed for the provision of education services for Children Against the Law (CAL) held within the child's National or Child's.
One of the duties and authorities of the regional education office (provincial and district or city) and or school education unit in the handling of CAL, includes CAL status as a suspect and detained at the child's station or in the police. It is expected that the education office or school, parents, and police or the penitentiary should keep the child from losing his / her rights to participate in any educational activities, including his participation in a learning evaluation, such as daily examination, semester test, final school or national final examination.
In System (NES Act) it can be concluded that children placed in KCP are also entitled to receive education without discrimination and the government is responsible for the implementation of the education . Education given to children can be formal, informal and non-formal education that can be complementary and enrich. Formal education consists of basic education, secondary education, and higher education. The program activities of assistance on the Student in KCP are conducted regularly and systematically. The assistance activities are carried out routinely and systematically so that the Preliminary Student is accustomed to the daily conduct of the KCP so that it can be applied after return to the community.

Logic of Child Assistance Community and Its Impact of Penitentiary System
Officials of Kutoarjo Children Penitentiary are required to play the role of parents to their inmates children without violence and discriminatory in educating and fostering. KCP faces several obstacles in developing. The obstacles are as follows: First, the factor of the inmates children, giving counseling to the Correctional Student is done so that the inmates of Penitentiary do not repeat his mistake and can improve his / her self better. However, in the assistance not a few inmates children show any sign of lazyness in conducting assistance programs that have been given by the KCP. On the basis of its constraints in fostering inmates children when the Child is lazy, This is the main thing why the coaching officers must have a good knowledge of psychology so that the officers know about the character of the inmates children so that the officer know how to deal with inmates children.
Second, the factor of Infrastructure. KCP almost has adequate facilities and infrastructure. However, not all goes well, there are still obstacles that often arise, as expressed by Deddy Eduar that the facilities and infrastructure is limited but KCP is still trying to optimize the existing though very minimal facilities and infrastructure. In addition, according to the officer who initials SAN, that it has been about two months of wind-less morning wind (cell door opened in the morning) so that the morning air and sunlight in the morning is less, the cells that make itching, the clothes are less spacious.
Third, the Human Resources factor. Human Resources (HR) is one factor that is very important even can not be separated from an organization, both institutions and companies. KCP is also very concerned with human resources in it. According to the statement Deddy Eduar, that in the human resources do not have a good quantity and quality coach, the lack of officers in KCP are the most problem above all. Therefore, officers in KCP must get training so that the skill of KCP officers continue to grow. So, the coaching officer must have the art of coaching, mentoring, fostering, etc.
Fourth, community factor is an important component in determining the success of coaching. The Inmate Students who have been discharged from the Kutoarjo Children Penitentiary must get good guidance from the community because the Inmates Children who have go out are no longer the responsibility of the KCP. According to the Recidivist Residents Inmates with the initials C, that has been a recidivist three times all because of association. The same thing happened to the Recidivist of Inmate Children with the initials LP, that has become a recidivist twice that all because of the influence of friends (association). Therefore, the Inmates Children who have been out depend on the association or upbringing of the parents and the community, if the association and upbringing has poorly obtained then no wonder the child becomes a child recidivist.

CONCLUTIONS
The conclusion that can be explored is that, the social system of the inmates children is connected with the assistance system in the correctional area. The two systems have a reciprocal relationship, both positive and negative. Second, by understanding the social system of prisoners, the imprisonment of children with prison system will be more effective and effective in KCP. Without adequate understanding of the prisoner's social system, it is difficult to expect a directed and effective assistance on them. In relation to the basic elements of the child's social system, it can be said that the values that are upheld within the community, both against the citizens themselves and by outsiders: Respect for leadership, solidarity, loyalty to the group, Norms that are held and bind members of the community, either against the citizens themselves or by outsiders: Not to be liable, forbidden to cheat on fellow members, stay away from slander, do not look to the officers, do not interfere with fellow members. Leadership and coordination system in the community: Each community has a leader, a bitch, a decision on the leadership. Resources owned by the community: Money, material, connections, power, courage.

ACKNOWLEDGEMENT
With finished this research which is outlined in this paper, the authors would like to thank all those who provided support.