Article Per Year (5 Year)
p-Index From 2021 - 2026
1.556
P-Index
This Author published in this journals
All Journal JURNAL HUKUM LAW REFORM JURNAL LITIGASI (e-Journal) Brawijaya Law Journal : Journal of Legal Studies Jurnal Wawasan Yuridika Gema Wiralodra Jurnal Yustitia JURNAL PEMBANGUNAN HUKUM INDONESIA Yuris: Journal of Court and Justice
Hamja, Hamja
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 15 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 15 Documents
Search

 1   2 
The Impact of Pre-Trial Detention on Prison Overcrowding: Perspectives From Indonesia's Criminal Justice System Hamja, Hamja
Jurnal Wawasan Yuridika Vol 8 No 1 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25072/jwy.v8i1.4303

Abstract

The decision to detain suspects in detention centers or prisons has contributed to the rising occupancy rates, leading to overcrowding in prisons. This study aims to understand the fundamental values underpinning the implementation of pre-trial detention policies in Indonesia and their impact on the increased congestion in prison facilities. The study employs a descriptive approach with a normative juridical research type. The issues are examined using statutory and conceptual approaches. Data collection is conducted through a literature review, and the data is analyzed qualitatively. The research findings reveal that the law provides a robust foundation for implementing alternative offender penalties aside from imprisonment. However, the understanding of law enforcement officers as instruments of law enforcement still tends to favour decisions on pre-trial detention and large-scale detentions. Social and political factors remain the primary basis for the application of suspect detention, subsequently driving the escalation of prison overcrowding cases.
The Real Solutions to the Ignored Prison Overcrowding Problem Hamja, Hamja; Ravena, Dey; Sudiro, Amad; Nunna, Bhanu Prakash
Jurnal Hukum Vol 41, No 3 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.3.588-607

Abstract

This study aims to analyze prison overcapacity for concrete and operational solutions. This study used a normative research approach. The author's research results recommend adaptive solutions to the problem of overcrowding, including measuring the improvement of the process of making prison policies and crime prevention in the form of various restorative and rehabilitative regulations such as rehabilitation programs for drug offenders, the application of monetary penalties in lieu of imprisonment, the implementation of open prisons, and the implementation of social control laws; evaluating various guidance efforts that have been carried out to reduce the number of recidivism as a major contributor to overcrowding in addition to prison policies and the judicial process; and deepening the understanding of restorative and rehabilitative efforts in the form of vocational, guidance, job coaching, reintegration in society, as well as public perceptions of prisoners as an implicit driving factor towards repeat crimes. The novelty of this study lies in its integrated perspective, which connects prison overcapacity with the broader need for systemic reform in correctional philosophy.
Violence within women's prisons and its implications on reintegration effectiveness Hamja, Hamja; Kartini, Murtiningsih; Susanto, Asep
Gema Wiralodra Vol. 15 No. 1 (2024): Gema Wiralodra
Publisher : Universitas Wiralodra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31943/gw.v15i1.251

Abstract

The involvement of women in various aspects of life, both socially and economically, has exposed the potential for criminal behaviour among women. This situation has led to the phenomenon of women's involvement in criminal acts commonly associated with men, such as robbery, murder, organized crime, and human trafficking. Poor social and economic conditions tend to be triggering factors and solid reasons for women to engage in criminal activities. This background has become the basis for the increasing number of women in prison in Indonesia, opening the possibility of various forms of violence within women's prisons. This presents a significant challenge for the management of women's prisons in optimizing the reintegration system due to the escalation of significant demotivation resulting from the violence experienced by female inmates, both among themselves and with prison staff. This research employs an exploratory qualitative approach, focusing on women involved in criminal cases and sentenced to prison. Primary data from interview results are descriptively analysed, producing a comprehensive, authentic, and representative narrative. The findings of this study indicate that the concept of punishment in Indonesia still emphasizes punitive functions over corrective functions, where both physical and mental violence are considered effective forms of punishment, especially for women. Violence occurring within women's prisons is then negatively responded to and becomes a driving factor for the decreased interest of female inmates in succeeding in the reintegration program. This reluctance then triggers a negative response from the staff in the form of violence against female inmates. A solution to mitigate violence in women's prisons is the placement in open prisons, with the involvement of independent external parties in both the supervision process and the implementation of reintegration programs to achieve an inclusive and constructive effect for all parties involved.
TINJAUAN SOCIO-LEGAL PERSEPSI MASYARAKAT TERHADAP NARAPIDANA SETELAH MENJALANI MASA HUKUMANNYA DI LEMBAGA PEMASYARAKATAN: Tinjauan Socio-Legal Persepsi Masyarakat Terhadap Narapidana Setelah Menjalani Masa Hukumannya Di Lembaga Pemasyarakatan Hamja, Hamja; Burhanudin, Burhanudin
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.22448

Abstract

  The role of correctional institutions and society as entities responsible for the implementation of legal sanctions, in reality, holds a key role in shaping the life trajectory of former prisoners after release. However, former prisoners are often confronted with stigma, discrimination, and isolation in various aspects of life, which in turn encourages repeated criminal acts (recidivism). Consequently, a view emerges that the law has not yet provided strong certainty, particularly for former prisoners, due to the continuing imposition of social sanctions by society. This socio-legal research employs a qualitative approach with a phenomenological design. The data used are primary data obtained through interviews with informants. The interview results are discussed descriptively to provide a comprehensive perspective on public perceptions of former prisoners. The findings indicate that stigma and discrimination as social sanctions do not produce a positive impact on the reintegration process, especially as they increase the tendency of former prisoners to reoffend. The completion of legal obligations by offenders is not accompanied by a positive societal role in accommodating behavioral changes among former prisoners, particularly in the presence of stigma, discrimination, and isolation. An approach is therefore needed through the implementation of rehabilitation programs involving the community to generate a holistic impact, namely behavioral improvement among former prisoners and increased public understanding of their vital role as an integrated whole in the reintegration and social improvement process.
The Potential Application of The Bridging Approach In Community-Based Corrections In Indonesia: A Comparative Perspective Hamja, Hamja; Nunna, Bhanu Prakash; Sutrisno, Endang; Sambas, Nandang; Widjajanti, Ermania
LAW REFORM Vol 22, No 1 (2026)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v22i1.71136

Abstract

Electronic Monitoring (EM) constitutes a sophisticated surveillance mechanism that epitomizes technological advancements within the legal sphere and acts as a feasible substitute for conventional detention practices. Nations such as South Korea have adeptly incorporated EM into a meticulously designed, community-centric training framework. Indonesia is encouraged to adopt EM; however, the effective realization of this initiative necessitates alterations to the prevailing legal and social infrastructure. This research endeavors to investigate the feasibility of EM implementation in Indonesia through a comparative analysis with the established framework in South Korea, focusing particularly on the alignment of correctional institutions, technological systems, and community engagement. Employing a comparative judicial methodology, this study assesses the legal framework, institutional arrangements, and operational procedures pertaining to EM in both jurisdictions. Findings indicate that South Korea has established a comprehensive national framework for EM, supported by centralised monitoring facilities located in Seoul and Daejeon, regional parole offices, and coordinated oversight in conjunction with law enforcement agencies. In contrast, Indonesia's correctional system remains hampered by fragmented regulatory measures, inadequate institutional collaboration, and limited technological capabilities. The lack of EM as a formally recognised legal instrument limits alternative sentencing options and exacerbates prison overcrowding. This study concludes that Indonesia requires legislative reform, capital investment in monitoring infrastructure, and enhanced inter-agency collaboration to facilitate the effective implementation of EM.
Co-Authors Amad Sudiro, Amad Burhanudin Burhanudin Dey Ravena Endang Sutrisno Ermania Widjajanti Faizin Sulistio Kartini, Murtiningsih Maulana, Kodir Nandang Sambas Nunna, Bhanu Prakash Supomo , Aris Susanto, Asep