Journal of Strafvordering Indonesian
Vol. 1 No. 6 (2025): JOSI - JANUARY

The Role of Criminal Law in Reforming The Criminal Justice System: A Case Study of Handling Prison Overcrowding

Karolus Kopong Medan (Universitas Nusa Cendan)
Mohammad Solekha (Universitas 17 Agustus 1945 Semarang)
Ade Cici Rohayati (Politeknik Ilmu Pemasyarakatan)
Arief Fahmi Lubis (Sekolah Tinggi Hukum Militer)



Article Info

Publish Date
31 Jan 2025

Abstract

Overcrowding in Indonesian prisons is a structural problem in the criminal justice system that reflects the repressive nature of criminal law policy. Data from the Directorate General of Corrections (Ditjen PAS) shows that the occupancy rate of prisons exceeds 200% of the ideal capacity, violating the rights of prisoners as guaranteed in the 1945 Constitution and Law Number 12 of 1995 concerning Corrections. Overcrowding has an impact on the increase in violence, the spread of disease, and the failure of coaching programs. One of the main causes of this condition is a punishment policy that focuses too much on imprisonment without considering alternatives such as decriminalization and restorative justice. Most prisoners come from minor criminal cases, including drug abuse in the category of users who are more appropriate for rehabilitation. This policy not only burdens the state budget but also increases recidivism. Studies from various countries show that a rehabilitation-based punishment system is more effective in reducing crime. Therefore, criminal law reform through regulatory revision and the application of alternative punishment are crucial steps in overcoming overcrowding and creating a more equitable correctional system

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Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, ...