Greenation International Journal of Law and Social Sciences
Vol. 3 No. 2 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (June - Au

The Role of Legal Reform in Addressing Prison Overcrowding and Strengthening The Guarantee of Inmates’ Human Rights

Dedy Cahyadi (Universitas Borobudur, Jakarta, Indonesia)
Abdullah Sulaiman (Universitas Islam Negeri Syarif Hidayatullah, Tangerang, Indonesia)



Article Info

Publish Date
16 Jun 2025

Abstract

The issue of overcrowding in correctional institutions (prisons) has become a structural problem within Indonesia's criminal justice system. The high occupancy rate exceeding capacity leads to violations of inmates’ human rights, such as the right to health, proper housing, and rehabilitation services. Legal reform, particularly through the Correctional Law No. 22 of 2022 and the New Criminal Code (KUHP) No. 1 of 2023, introduces a new paradigm in sentencing management and the protection of prisoners’ rights. This study aims to analyze how these legal reforms contribute to addressing overcrowding and strengthening the guarantee of inmates’ human rights. The research method used is normative juridical with a conceptual and statutory approach. The study finds that the reinforcement of alternative sentencing (non-custodial punishments), such as community service and supervision penalties in the new Criminal Code, as well as the inmate integration system and rehabilitation-based approach in the Correctional Law, serve as relevant legal solutions. However, implementation challenges—such as lack of synergy among law enforcement agencies, human resource shortages, and resistance from legal culture—must be addressed through harmonization measures and continuous public dissemination. This journal recommends formulating more progressive criminal policies oriented toward restorative justice.

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Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...