Alternative To Prison Institutional Sentence As An Effort To Overcome Overcapacity Of Community Institutions (Comparatory Study Of Article 58 Of The Crime Of The State Of Albania)

Irawan EM

Abstract


Handling criminal acts carried out using a retributive paradigm, with repressive action against perpetrators of criminal acts, has resulted in an excess number of prisoners in prisons. One effort that can be made to deal with overcapacity in prisons is a policy approach to resolving criminal acts through prison sentences in installments. Regulations regarding installment prison sentences are not currently regulated in the Indonesian Criminal Code. The concept of installment imprisonment adopts the concept from the Albanian Criminal Code, which is regulated in Article 58 and Article 62 of the Albanian Criminal Code. The concept of reforming criminal law by regulating prison sentences in installments is regulated in the RKUHP in Article 73 Book I to reduce the problems currently facing prisons, namely those related to prison overcapacity. It is hoped that the concept formed by the legislators will be useful, from the advantages described above, such as reducing Over Capacity, overcoming dehumanization, and so on. This installment prison sentence also has a weakness, namely that there is no supervision provided by the government for convicts who are serving installment prison sentences.


Keywords


Community; Crime; Institutions; State.

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References


Journals:

Muhammad Fauzar Rivaldy and Mety Rahmawati, 2018, "The Concept of Installment Prison Sanctions as an Alternative to New Imprisonment in an Effort to Overcome Over Capacity in Correctional Institutions", Adigama Law Journal

Sri Endah Wahyuningsih, 2014, "The Urgency of Reforming Indonesian Material Criminal Law Based on the Values of the Almighty God", Legal Reform Journal Volume 1 Number 1 April 2014

Books:

Bambang Waluyo, 2017, Law Enforcement in Indonesia, Jakarta: Sinar Graphics

Barda Nawawi Arief, 1998, Several Aspects of Criminal Law Enforcement and Development Policy, 1st Printing, Bandung: Citra Aditya Bakti

Barda Nawawi Arief, 2016, Policy Formulation of Criminal Provisions in Legislative Regulations, Semarang: Master Library

Marlina, 2011, Penitentiary Law, Bandung: Refika Aditama

Internet:

https://smslap.ditjenpas.go.id/public/grl/current/monthly


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