Problems of Indonesian Criminalization with Implications of Criminalization of Minor Criminal Cases

Abstract

Abstract. The purpose of this study is to determine and analyze the implications of the misdemeanor criminal case process with the conditions of Indonesian criminal justice. In this writing, the author uses a normative juridical method with a research specification in the form of descriptive analysis. The Criminal Justice System in Indonesia currently, when handling criminal acts, mostly ends in prison which is carried out in correctional institutions. Prison is not an appropriate sanction to handle criminal acts, especially in handling minor crimes such as minor theft resulting from criminal acts that can still be restored, so that the situation can be returned to its original state. Handling minor crimes carried out with a retributive paradigm, with repressive actions against perpetrators of minor crimes, causes the number of prisoners in prisons. This can cause the ineffectiveness of the coaching and correctional functions in prisons, the suboptimal function of supervision in prisons and the occurrence of many violations of prisoners' rights in prisons. According to Romli Atmasasmitha, with the overcapacity in prisons, the institution cannot carry out the function of deterrence on prisoners because there are still many cases of recidivism in Indonesia.