Nur Hidayah
Nahdlatul Ulama University of North Sumatra

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Correctional Policy and Overcapacity: Alternative Models for Reducing Prison Overcrowding Nur Hidayah; Intan Triningsih
AT-TAFAHUM: Journal of Law Vol 7, No 2 (2023)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v7i2.29350

Abstract

The problem of overcrowding in correctional institutions in Indonesia is a structural issue closely related to the criminal law paradigm, which is still oriented towards imprisonment. Data shows that the number of prison inmates has reached almost twice the ideal capacity, thus disrupting the correctional function, increasing the risk of human rights violations, and decreasing the effectiveness of rehabilitation and social reintegration of prisoners. This study aims to analyze the root causes of overcrowding, evaluate the existing correctional policies, and offer alternative models based on restorative justice and non-imprisonment. Using qualitative methods through a normative juridical approach and policy analysis, this study examines laws and regulations, correctional statistics, and previous research findings. The results show that overcrowding is caused by the dominance of imprisonment, the minimal application of alternative punishments, the imbalance in the officer-to-inmate ratio, and weak coordination between law enforcement agencies. The implementation of restorative justice, supervised criminal justice, social work, and community-based rehabilitation has proven to have significant potential in reducing the number of prison inmates in a sustainable manner. This study recommends reform of correctional policy through the expansion of alternative sentencing options, strengthening institutional capacity, and digitalizing the correctional system as an effort to create a more humane, efficient, and equitable correctional system.
Law Enforcement Against Defamation Perpetrators Through Instagram Social Media Nur Hidayah; Annisa Larasati Simanjuntak
AT-TAFAHUM: Journal of Law Vol 3, No 2 (2019)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/attafahum.v3i2.29092

Abstract

The rapid development of information and communication technology has significantly influenced social interaction and public communication through digital platforms, including social media such as Instagram. While technological advancement provides many benefits, it also creates opportunities for misuse, including defamation and insults committed through electronic media. Defamation on social media can harm a person’s honor, reputation, and psychological well-being, making it an important legal issue in Indonesia. This study aims to analyze the implementation of criminal sanctions against perpetrators of defamation through Instagram, identify factors inhibiting law enforcement, and examine legal protection provided to victims. This research uses a normative juridical approach with qualitative methods through literature studies by analyzing legislation, legal materials, and court decisions related to defamation and electronic information. The results show that criminal sanctions for defamation through social media are regulated under Article 27 paragraph (3) of the Electronic Information and Transactions Law and several provisions of the Criminal Code concerning defamation and slander. However, the enforcement of these regulations remains constrained by weak law enforcement, limited facilities, inadequate public legal awareness, and challenges in cybercrime investigations. Victims of defamation are entitled to legal protection through complaint mechanisms, witness and victim protection institutions, and content removal procedures within electronic systems. Therefore, stronger law enforcement, improved digital literacy, enhanced cyber investigation capacity, and greater public awareness are necessary to reduce cases of online defamation and ensure legal protection for victims in Indonesia’s digital environment.