The Effectiveness of Restorative Justice in Overcoming Overcrowding in Correctional Institutions According to Law Number 22 of 2022 Concerning Corrections

Rosyian Anwar, Arpangi Arpangi

Abstract


Abstract. This study aims to determine and analyze the situation, causes and impacts of overcrowding that occurs in prisons/detention centers in Indonesia, to determine and analyze the effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia according to Law Number 22 of 2022 concerning Corrections. To determine and analyze alternative solutions and strategies for implementing restorative justice in overcoming overcrowding in prisons/detention centers in Indonesia in the future. The resolution of violations of the law through the criminal justice system tends to be very prison-oriented. Every criminal violation always ends in imprisonment. The concept of prison as ultimum remedium (last resort) shifts to premium remedium (main resort) and of course the final result is that prisons face a latent problem called overcrowded or overcapacity. The specifications of this study are included in the analytical descriptive research environment, with a normative approach method, with the type and source of primary data from interviews with informants and secondary data covering various kinds of literature and laws and regulations in Indonesia. The results of the study show that the overcrowded situation has placed Indonesia at an extreme point with an excess of 188%. The overcrowded situation has an impact on the emergence of human rights, security and health problems for its residents. In addition, the overcrowded situation also has an impact on the families of suspects/convicts, society and the State. The effectiveness of the implementation of restorative justice in overcoming overcrowding in prisons/prisons in Indonesia according to Law Number 22 of 2022 concerning Corrections has not shown a significant impact. alternative solutions and future strategies, namely reorientation of criminal punishment, making non-prison criminal policies more effective, revising regulations that hinder outflows.


Keywords


Keywords: Overcapacity; Overcrowded; Corrections; Restorative Justice.

Full Text:

PDF

References


Journals:

Angkasa. “Over Capacity of Prisoners in Prisons, Causal Factors, Negative Implications and Solutions in Efforts to Optimize Prisoner Guidance.” Journal of Legal Dynamics 10 (2010): 214.

Cahyo, Antoni Muhamad Nur, and Achmad Sulchan. “Coaching Process Of Prisoners In Correctional Institution Class I Kedungpane Semarang Viewed From Act No 12 Of 1995 On Concerning The Correctional Institution.” Jurnal Daulat Hukum 3, no. 1 (April 10, 2020): 1.

Jazuli, Ahmad. “Formation of New Correctional Work Unit as an Alternative Solution to Overcome Overcrowding.” Scientific Journal of Legal Policy 15, no. 1 (March 26, 2021): 1.

Lidya Suryani Widayati. “Rehabilitation of Prisoners in Overcrowded Correctional Institutions.” Journal of State Law FH UII 3, no. 2 (December 2012): 212.

M. Zulfa Aulia. “Progressive Law from Satjipto Rahardjo, Urgency and Relevance.” Journal of Law 1, no. 1 (2018): 164.

Nur Soleh. “Restorative Justice in Islamic Criminal Law and Its Contribution to the Reform of Material Criminal Law in Indonesia.” Journal of Islamic Law Studies 2, no. 2 (2015): 127.

Saharuddin, Saharuddin, Mawardi De La Cruzz, Haritsah Haritsah, Rahmawati Rahmawati, and Rommi Y Hiola. “The Assimilation and Integration Rights for Prisoners as Over Capacity Prevention Effort in the Covid-19 Pandemic.” Jurnal Daulat Hukum 5, no. 3 (October 16, 2022): 227.

Yanto Sufriadi. “Implementation of Progressive Law in Law Enforcement in the Midst of Democracy Crisis.” Journal of Law, Faculty of Law, Hazairin University 17, no. 2 (April 17, 2010): 233–248.

Books:

Abdul Kadir Muhammad, Law and Legal Research (Bandung: PT Rineka Grafika, 2004).

JDIH BPK. “Minister of Law and Human Rights Regulation Number 11 of 2017 Grand Design for Handling Overcrowded in State Detention Centers and Correctional Institutions.” JDIH BPK.

Minister of Law and Human Rights of the Republic of Indonesia, “National Symposium ‘Towards a New Paradigm of Indonesian Criminal Procedure’ in the Context of the 59th Correctional Service Day in 2023.”

Muladi and Diah Sulistyani, Corporate Criminal Liability (PT Alumni Bandung, 2013).

Sanusi Has, Introduction to Penology: The Science of Special Corrections for Convicts, 1976.

Internet:

AdminICJR, “50 Inmates Escape From Kutacane Prison: ICJR Highlights Overcrowding And Urges Criminal Policy Reform,” https://Icjr.or.Id/50-Narapidana-Kabur-Dari-Lapas-Kutacane-Icjr-Soroti-Overcrowding-Dan-Desak-Reformasi-Kebijakan-Pidana/ (Jakarta, February 11, 2025).

Public Relations Bureau. “Industrial Prisons Change the Paradigm of Consumptive Institutions into Productive Institutions.” http://www. kemenkumham.go.id/berita/1148-lapas-industri-ubah-paradigma-lembaga-konsumtif-menjadi-produktif, 2017.

Tribratanews.sulut.polri.go.id. “100 Working Days of the Chief of Police, 1,864 Cases Resolved with Restorative Justice.” Tribratanews.Sulut.Polri.Go.Id.

Wikipedia. “Overcrowding.” Https://En.Wikipedia.Org/Wiki/Overcrowding.

Regulation:

“Law (UU) Number 22 of 2022 on Corrections.” Https://Peraturan.Bpk.Go.Id/Details/218804/Uu-No-22-Tahun-2022.




DOI: http://dx.doi.org/10.30659/jhku.v20i2.46211

Refbacks

  • There are currently no refbacks.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

Jurnal Hukum Khairu Ummah Indexed by :

google_scholar
Jurnal Hukum Khaira Ummah
   
Faculty of LawUnissulaCopyright of Jurnal Hukum Khaira Ummah
Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk,

ISSN ( 1907-3119 )

e-ISSN ( 2988-3334 )

Semarang, Central Java, Indonesia, 50112