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Al-Qisthu: Journal of the Study of Legal Sciences

Vol.18, No.2, December 2020, pp.61-66
p-ISSN: 1858-1099 | e-ISSN: 2654-3559
http://jurnal.fs.iainkerinci.ac.id/index.php/alqisthu
DOI: https://doi.org/10.32694/010980

Efforts to Overcome Over Capacity in Correctional Institutions in

Indonesia

Wulan Dwi Yulianti

Singaperbangsa University Karawang,
Correspondence author E-mail: wulandya7@gmail.com

Article Info: Abstract:

Revised November 15, 2020
Accepted November 25, 2020
Published online Dec 28, 2020
Keywords/Keywords:
Over Capacity;
Penitentiary; criminal
Systems Theory
The problem is that the relationship between punishment and correctional facilities
must be returned to the concept of rationality of crime prevention mechanisms. The
focus of efforts to control crime is not only on preventing and overcoming crime but
also on penal system policies that are oriented towards a prison. The problems in
this research are: 1). How can efforts be made to overcome overcapacity in
correctional institutions in Indonesia? This research uses a normative juridical
approach, by examining and interpreting theoretical matters concerning the theory
of the penal system in an effort to overcome overcapacity in correctional institutions
in Indonesia. The results show that the government needs to immediately implement
a new criminal system theory as an effort to overcome the overcapacity of
correctional institutions throughout Indonesia, namely by applying the theory of
Social Integrity, Rehabilitation Sanctions for Narcotics users, Restorative Justice
Efforts and most importantly the need for a new KUHP and KUHAP The criminal
system that has been running does not run on a system of imprisonment and
imprisonment for criminals by taking into account the values of justice for victims of
crime.

This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted
use, distribution, and reproduction in any medium, provided the original work is properly cited. ©2020 by author

Introduction
The penitentiary system is an important part of the development of the criminal law system in the criminal justice
system in Indonesia. The penitentiary system is a series of criminal law enforcement units. Therefore, its implementation
cannot be separated from the development of a general conception of the criminal justice system.

Article 1 letter (2) of Law Number 12 of 1995 concerning Corrections that the correctional system is an arrangement
regarding the direction and boundaries and ways of fostering correctional inmates based on Pancasila which is carried
out in an integrated manner between the Trustees, the fostered and the community to improve the quality of
Correctional Inmates to realize mistakes, improve oneself and not repeat criminal acts so that they can be accepted
again by the community, can play an active role in development, and can live normally as good and responsible
citizens. In Article 1 letter (3) Law Number 12 of 1995 concerning Correctional Institutions, hereinafter referred to as
LAPAS, is a place to carry out the development of Correctional Convicts and Students.

Based on data from the Directorate General of Corrections until the end of 2019, the number of prisons and
detention centers throughout Indonesia has reached 528 with a capacity of 130,512 prisoners. While the facts on the
ground are that the number of Correctional Assisted Residents living in prisons and detention centers is 269,846
people, so there are 107 percent Overcrowded.
Based on data collected in June 2020, the number of prison inmates is 230,310 people consisting of 50,276
prisoners and 180,084 convicts. This shows that the institution

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correctional facilities in Indonesia are experiencing overcapacity which reaches 74% on a national scale. Of the 33 Kanwil
in Indonesia there are only 10 Kanwil that do not experience overcapacity, namely the Kanwil. DI Yogyakarta, Gorontalo
Regional Office, Maluku Regional Office, North Maluku Regional Office, East Nusa Tenggara Regional Office, Papua
Regional Office, West Papua Regional Office, West Sulawesi Regional Office, Southeast Sulawesi Regional Office and
North Sulawesi Regional Office.
The government has taken several policies such as building repairs or rehabilitation to constructing new buildings to
increase capacity. This condition is a serious problem that must be resolved immediately. As Woolf said, “in managing
prisons, it is necessary to pay attention to factors that exacerbate conditions in prisons, including: extreme prison
overcrowding; excess occupants; poor prison conditions; riots among the prisoners and others. This condition was
exacerbated by the occurrence of the non-natural disaster Corona Virus Disease 2019 (Covid-19) which has spread and
caused an increasingly widespread and massive number of victims and losses of other property in Indonesia.

The problem is that the relationship between punishment and correctional institutions must be restored to the concept
of the rationality of crime prevention mechanisms. The focus of crime prevention efforts is not only on preventing and
overcoming crime but also on correctional-oriented penal system policies. Developments in penitentiaries are currently
experiencing problems where one of the problems and there are several correctional institutions in Indonesia is the
problem of overcrowding of prisoners.

The condition of prisons in Indonesia is overcrowded where the ratio of the number of inmates to prisons and the
capacity of correctional institutions is not proportional. The density of convicts in correctional institutions occurs due to
several factors. However, there are factors that need special attention, the cause of the overcrowding of convicts in
correctional institutions is the penal system. Factors causing the overcrowding of inmates in correctional institutions occur
not only because of the increase in crime but also due to the penal system.

According to Dwidja Priyatno stated that “Efforts to speed up the coaching process worsen conditions in prisons,
including: extreme prison overcrowding; excess occupants; poor prison conditions; riots among the prisoners and others.
This condition was exacerbated by the occurrence of the non-natural disaster Corona Virus Disease 2019 (Covid-19)
which has spread and caused an increasingly widespread and massive number of victims and losses of other property in
Indonesia.
The problem is that the relationship between punishment and correctional institutions must be restored to the concept
of the rationality of crime prevention mechanisms. The focus of crime prevention efforts is not only on preventing and
overcoming crime but also on correctional-oriented penal system policies. Developments in penitentiaries are currently
experiencing problems where one of the problems and there are several correctional institutions in Indonesia is the
problem of overcrowding of prisoners.

The condition of prisons in Indonesia is overcrowded where the ratio of the number of inmates to prisons and the
capacity of correctional institutions is not proportional. The density of convicts in correctional institutions occurs due to
several factors. However, there are factors that need special attention, the cause of the overcrowding of convicts in
correctional institutions is the penal system. Factors causing the overcrowding of inmates in correctional institutions occur
not only because of the increase in crime but also due to the penal system.

According to Dwidja Priyatno stated that "Efforts to speed up the process of convict development are a benchmark
for the strategic role of correctional institutions in the success of the prisoner development process and this is
recommended as an alternative that has the most benefits, especially in overcoming the impact of overcrowding in
prisons.
Efforts to speed up reintegration are very important related to the problem of coaching carried out by correctional
officers with prisoners. Efforts to reduce the density of convicts in correctional institutions by accelerating the reintegration
of convicts are part of a correctional-oriented penal system policy. Improvement optimization efforts accelerate reintegration

is a strategic step in dealing with overcrowding of prisoners in correctional institutions. Therefore efforts are needed to
reduce the density of prisoners in correctional institutions by seeking alternative actions after sentencing, namely
accelerating reintegration.

Method
Research on Efforts to Overcome Over Capacity in Correctional Institutions in Indonesia is normative juridical
research, namely legal research that bases its analysis on applicable laws and regulations and is relevant to the legal
issues studied. That approach

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Efforts to Overcome Over Capacity in Correctional Institutions in Indonesia

used in this research is the "statute approach" accompanied by a conceptual approach (conceptual approach)", carried
out by examining correctional laws related to efforts to deal with prison overcapacity based on the Criminal System
Theory. The analytical method used is a qualitative normative analysis method. This qualitative normative method is
based on primary legal material as positive law, then analyzed qualitatively, namely a juridical analysis.

Results and Discussion

Efforts to Overcome Over Capacity in Correctional Institutions in Indonesia

One of the efforts to overcome the Over Capacity of Correctional Institutions in Indonesia is to prevent the renewal
of criminal law which needs to be done to anticipate the increase in convicts who continue to increase. When referring
to the Criminal Code in Article 10, it is explained that the main punishments that can be imposed are death penalty, life
imprisonment, imprisonment, fines, confinement and additional punishment of imprisonment, in the implementation of
sentencing judges tend to decide cases by imposing prison sentences, matters This is due to the rigid penal system in
the current Criminal Code. However, the Draft Criminal Law has accommodated steps that are expected to be able to
prevent overcapacity in Correctional Institutions, including:

Reorientation of Criminal Purposes

The penitentiary system in Indonesia has implemented an integrative theory that has been accommodated in Law
Number 12 of 1995 concerning Corrections. The element of integrative theory is in the step to restrain the perpetrators
of criminal acts within a certain time as a measure of retaliation for the actions they have committed. The restraints
referred to are carried out in "Prison Institutions (Lapas) and Detention Centers (Rutan) with a maximum security
system". Elements of theory are relatively visible in the implementation of the stages of coaching carried out in the
correctional system. Judging from the description above, the application of integrative theory in correctional institutions
is indeed appropriate to apply.
The application of Integrative Theory in Correctional Institutions has not been able to maximally reduce overcapacity
in Correctional Institutions and Detention Centers because the number of criminal offenders and detainees is increasing.
The large number of detainees is because the Criminal Code as a rule governing prohibited acts does not clearly and
explicitly regulate the purpose of punishment, so that law enforcement officials always tend to prosecute and judges
tend to impose prison sentences on perpetrators of criminal acts, because of the theories and ideas adopted or believed
by law enforcement officers is not one-minded.

In principle, penitentiaries apart from being a place for executing prison sentences also function as educational and
development institutions. in LAPAS or when it is already in the community for the success of national development. As
an alternative effort to reduce the over-capacity of prisons, namely "a program for fostering convicts to reduce their
prison terms by doing a good job is a provision for implementing prison sentences through convict development
programs inside and outside correctional institutions provided by the government or social institutions". This alternative
is in the Criminal Code Bill. called Criminal Social Work.

Therefore, it is hoped that with the enactment of the Criminal Code Bill in the future, law enforcement officials must
be oriented towards perpetrators and victims so that sentencing always pays attention to both parties who always expect
justice to be created.

Concept of Criminal Individualization

the concept of Criminal Individualization originating from the modern penal school. According to this school, in
looking for someone's crime cannot be seen in the abstract from a purely juridical point of view, but must be seen and
explored concretely, that in reality a person's actions are influenced by biological factors, personal characteristics, and
social protection. This shows that the modern school has a goal. which is humane in nature to protect the interests of
the convict, as well as protect the community which includes victims of criminal acts which emphasizes that punishment
must pay attention to the objectives of the crime itself. This is one of the answers to the problem of overcapacity of
prisons in Indonesia, because prison sentences are the most common and most frequently imposed criminal sanctions
in Indonesia.

The existence of the concept of criminal individualization which will later be carried out by the Criminal Code Bill has
several characteristics, such as: “(Criminal) responsibility is personal/individual (personal principle);

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Punishment is only given to people who are guilty (principle of culpability: there is no crime without guilt); and the
punishment must be adjusted to the characteristics and conditions of the perpetrator, this means that there must
be leeway/flexibility for judges in choosing criminal sanctions (type and severity of sanctions) and there must be
the possibility of criminal modifications (changes/adjustments) in implementation. So it contains the principle of
flexibility and the principle of criminal modification.
The main idea of criminal individualization is oriented towards the "person" factor (offender/perpetrator).
crime). The goal of criminal individualization is realized from the general norms of punishment, including:
First, "no one commits a crime without any fault/nulla poena sine culpa/Keine Strafe ohne Schuld"; which
exceeds the limit, and there is no capacity to be responsible and children under 12 years of age;

Third, in the sentencing guidelines, judges are required to consider several factors as stipulated in Article 54
paragraph (1) of the RKUHP, including: "the motives, inner attitudes and mistakes of the maker, the way the
maker committed the crime, his curriculum vitae and socio-economic condition and how the crime affects towards
the future of the perpetrators of the crime, the influence of the crime on the victim and the victim's family,
forgiveness from the victim and/or his family, and/or the public's view of the crime committed."; Fourth, "in the
guidelines for granting pardons/pardons, the judge takes into account the personal circumstances of the maker
and considerations of the human aspect". According to Prof. Nyoman Union pardons can only be given to convicts
who have committed minor crimes or who in the Criminal Code Bill are threatened with imprisonment of no more/
under one year;
Fifth, in terms of mitigating and aggravating sentences, the perpetrator's personality must be considered both
physically, psychologically and economically; sixth, in future sentencing judges will be given more sentencing
options to reduce the use of imprisonment, including the provision of criminal action; seventh, in the future judges
are allowed to change criminal sanctions that have permanent legal force in accordance with changes/
developments/improvements to the convict after serving a period of detention; and eighth, if a crime occurs, then
the person/individual who committed the crime will bear the burden/responsibility for the action and this
responsibility cannot be represented.

Based on the premise of criminal individualization, it provides a new breakthrough in the criminal justice
system in Indonesia where judges are given the flexibility to choose and determine sanctions, whether criminal
or actions deemed appropriate or appropriate for the perpetrators of criminal acts. Even though this discretion
has limits, judges are still alone has many sentencing options. The pattern of types of criminal sanctions in the
Criminal Code Bill consists of "criminal" and "action" types, each of which consists of "1) Criminal consists of: a)
Main crime consists of: Imprisonment; Cover sentence; Supervision punishment; Fines; and Criminal social work.
b) Additional penalties consist of: Revocation of certain rights; Confiscation of certain goods and/or invoices;
Announcement of the judge's decision; Compensation payment; Revocation of certain permits; and Fulfillment of
local customary obligations”. Meanwhile, a specific punishment is death penalty which is always threatened
alternatively. 2). Actions that can be imposed together with the main punishment in the form of; "Counseling;
Rehabilitation; Work training; Treatment in institutions; and/or Remedies as a result of a crime”.

Observing the views of criminal law experts as well as the drafters of the RKUHP, it can be concluded that
the success of the concept of criminal individualization in overcoming overcapacity in correctional institutions
depends on the judge making decisions in court against the perpetrators of criminal acts. criminal justice in a
dignified manner and in accordance with humanist principles without eliminating the sense of justice for victims
of criminal acts. So that the concept of criminal individualization is expected to avoid the imposition of criminal
sanctions which can result in increased overcapacity in correctional institutions.

Another thing is that the Government through the Ministry of Law and Human Rights (KEMENKUMHAM) On
March 30, 2020, has stipulated “Decree of the Minister of Law and Human Rights of the Republic of Indonesia
Number M.Hh-19.Pk.01. 04.04 of 2020 concerning Expulsion and Release of Convicts and Children Through
Assimilation and Integration in the Context of Prevention and Management of the Spread of Covid-19", hereinafter
referred to as "Policies to Prevent the Spread of Covid-19 in Prisons". This ministerial decree is a government
policy taken in the framework of "rescuing Correctional Prisoners and Prisoners in Correctional Institutions,
Special Children Development Institutions, and State Detention Centers". The State Detention House, is a closed
institution that has a high occupancy rate, so it is very vulnerable to the spread and transmission of Covid19.

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The release and release of convicts and children is carried out in 2 (two) ways. The first way is through
assimilation, the provision for a convict to get assimilation is "2/3 (two thirds) of his sentence falls until December
31, 2020. For children, namely ½ (half) his sentence falls until December 31, 2020. Convicts and children who
are not related to PP 99 of 2012, who are not undergoing subsidies and are not foreign citizens, assimilation is
carried out at home, assimilation decrees are issued by the Head of Lapas, Head of LPKA, and Head of Rutan".

The second way is through integration, while the provisions for convicts to get integration are "having served
2/3 of the criminal term, for children who have undergone 1/2 of the criminal period, convicts and children who
are not related to Government Regulation Number 99 of 2012 concerning the Second Amendment to
Government Regulation Number 32 of 1999 concerning Requirements and Procedures for the Implementation
of the Rights of Correctional Families, who are not serving subsidaers and are not foreign nationals, Proposals
are made through the correctional database system, Integration decrees are issued by the Director General of
Corrections. It is through these two methods, as stipulated in the Policy to Prevent the Spread of Covid-19 in
Correctional Institutions, that a prisoner and a child can be released and released, but while receiving guidance
and supervision of assimilation and integration carried out by the Correctional Center.
It is also regulated that "guidance and supervision reports are carried out online". Head of Publication Publication
Section of the Directorate General of Corrections Rika Aprianti explained that "assimilation and integration of
convicts and children on May 2 2020 with a total of 39,273 inmates, with details of 37,014 convicts released
through a temporary assimilation program through the integration program of 2,259 free convicts.
Furthermore, efforts to overcome the Over Capacity of Correctional Institutions in Indonesia are related to
the policy of criminal sanctions for drug cases. Currently, the majority of prisons and detention centers are
inhabited by convicts with drug cases. Therefore, there is a need for sanctions for narcotics crimes, which
should be rehabilitated, and the convicts have minimal access to advocates. The arrest of someone to undergo
the detention process is the beginning of the possibility of someone being detained in places of detention, which
indirectly increases the number of inmates in previous detention centers and prisons who have experienced
overcapacity by other inmates.

Conclusion
Efforts to tackle Over-Capacity of Correctional Institutions in Indonesia adhere to two concepts contained in
the RKUHP, namely the Purpose of Punishment and Criminal Individualization. First, the purpose of sentencing
is directed at protecting the community, protecting the community (social defense), socializing the convict by
providing guidance, restoring and growing a sense of regret and guilt in the convict and creating a balance
between society and the convict. Second, the Idea of Individualization of Criminals which is oriented toward
humane criminal offenders paying attention to the characteristics of personal criminal responsibility, no crime
without fault, punishment adapted to the characteristics and conditions of the offender. This provides an
understanding that there must be leeway/flexibility for judges in choosing criminal sanctions (type and severity
of sanctions) considering that judges are currently more inclined to impose prison sentences. Therefore, with
the enactment of the RKUHP in the future, law enforcement officials should not rush to impose or prosecute
perpetrators of crimes with imprisonment because in the RKUHP there are many options that law enforcement
officials can choose from and do not eliminate the essence of protection for the public, which includes victims.
criminal act. Apart from that, the policy of criminal sanctions in drug cases should be rehabilitated because this
will reduce the number of prisoners in correctional institutions or detention centers throughout Indonesia.

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Al-Qisthu: Journal of the Study of Legal Sciences. Kerinci State Islamic Institute (IAIN).
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