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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Jurnal Hukum dan Pendidikan Kewarganegaraan
Belvina Azahra
Fakultas Hukum Universitas Bengkulu
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Upaya Penanganan Overcrowding Berdasarkan Undang-Undang Nomor 1 Tahun 2023 Belvina Azahra; Karina Salsabilla; Maulana Sena Al Jabbar; Muhammad Makin; Ria Anggraeni Utami
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 2 No. 3 (2026): April - Juni
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

The phenomenon of overcrowding in correctional institutions has reached a critical point, threatening the stability of the criminal justice system in Indonesia. This study aims to analyze how Law No. 1 of  2023 concerning the Criminal Code (National Criminal Code) addresses this problem through criminal policy reform. Using normative legal research methods, this study examines new de-incarceration norms in the National Criminal Code. The study concludes that efforts to address overcrowding in Law No. 1 of 2023 are carried out through modifications to more humane sanctions, namely prioritizing non prison sentences (community work and supervision) for crimes punishable by imprisonment under five years. Furthermore, expanding the requirements for conditional sentences and formally recognizing restorative justice are expected to minimize the influx of convicts into prisons. The effectiveness of these instruments requires synchronization between law enforcement agencies and the availability of monitoring infrastructure outside prisons. The National Criminal Code offers new hope for resolving the issue of overcrowding through a criminalization approach that is no longer prison centric.
Faktor Penyebab Kekerasan Dalam Rumah Tangga Terhadap Perempuan Di Indonesia Belvina Azahra; Asep Suherman
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 2 No. 1 (2024): Juli - Agustus
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/cmb00z20

Abstract

A considerable number of Indonesians are encountering challenges within their households. In 2023, 6,480 (or 79%) of the 8,234 reported KDRT cases to Komnas Perempuan and its affiliates occurred within the premises of the tangga house. As of 3.221 inside, the kerasan in the staircase of the house has attained its maximum capacity. This research aims to elucidate the origins and impacts of violence within Indonesian households, specifically focusing on the behaviors of the perpetrator and their family members, interpreting the underlying causes of the issue, and examining the perceptions shaped by the relevant perspective, along with the perpetrator's insights regarding the repercussions of the problem. The present study employs both conceptual and normative-legal sources of information. The study's findings indicate that the violence occurring within the household staircase can consist of various sources. The theoretical framework concerning social isolation, control, resources, and ecosystems is readily comprehensible due to several reasons discussed herein. The use of violence by perpetrators, whether through bare hands or other instruments, has the potential to be exacerbated by physical aggression occurring in proximity to the residence, potentially surpassing the severity of the violence within the home itself. Injury or even death may result from the occurrence of violence within the staircase house.
Co-Authors Asep Suherman Karina Salsabilla Maulana Sena Al Jabbar Muhammad Makin Ria Anggraeni Utami