Calvin Cameron, Muhammad Azil Maskur

Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia

Introduction

Modification of prison sanctions as an effort to overcome overcapacity in correctional institutions in indonesia. Indonesia's prisons face overcapacity. This study proposes sanction modifications including weekend jail, rehabilitation, judicial pardon, and restorative justice to improve inmate reintegration.

Abstract

Prison sentences remain one of the types of sanctions frequently imposed as a means of controlling criminal acts. This is due to the tendency to form criminal law regulations oriented towards punishment and sentencing, leading to over-criminalization, which in turn triggers overcapacity in correctional institutions, thus affecting the essence of the rehabilitation and reintegration process. This study employs a qualitative research approach with empirical research types. The data used consists of primary data sources, including interviews with officers from Semarang Class I Correctional Institution and judges from Semarang Class IA Special District Court, and secondary data sources, including legal regulations and scholarly publication materials such as journals, theses, dissertations, books, and legal dictionaries. The data collected is then processed, reduced, analyzed, and described descriptively. The research findings indicate that overcapacity occurs due to regulations and sentencing systems that tend to be oriented towards imprisonment. The prevalence of imposing prison sentences is also caused by extensive regulation within and outside the Criminal Code, combined with the law enforcement paradigm that views imprisonment as an obligation and the absence of sentencing guidelines. The overcapacity condition then triggers negative effects and the failure to fulfill the essence of rehabilitation and reintegration. Sanction modification efforts include reducing prison sentences through the application of weekend jail (intermittent sentencing); recovery and rehabilitation; judicial pardon; and the implementation of restorative justice.

Review

This paper, "Modification of Prison Sanctions as an Effort to Overcome Overcapacity in Correctional Institutions in Indonesia," addresses a critical issue within the Indonesian criminal justice system: the pervasive problem of prison overcapacity. The authors effectively frame this challenge as a direct consequence of a punishment-oriented legal framework and the frequent imposition of prison sentences, which not only strain resources but also undermine the fundamental goals of rehabilitation and reintegration. Employing a qualitative, empirical research approach, the study draws upon primary data from interviews with correctional officers and judges, complemented by a thorough review of legal regulations and scholarly publications, providing a well-rounded and grounded investigation into the subject matter. A key strength of this research lies in its comprehensive identification of the underlying causes of overcapacity. The findings meticulously link the issue to systemic factors such as regulations favoring imprisonment, extensive criminalization both within and outside the Criminal Code, a law enforcement paradigm that defaults to incarceration, and the notable absence of clear sentencing guidelines. Crucially, the paper moves beyond problem identification by proposing practical and actionable sanction modification efforts. These include the application of weekend jail (intermittent sentencing), initiatives for recovery and rehabilitation, the use of judicial pardon, and the broader implementation of restorative justice, offering a clear pathway for reform within the Indonesian context. The study makes a significant contribution to the discourse on criminal justice reform, offering valuable insights for policymakers and legal practitioners in Indonesia seeking sustainable solutions to prison overcapacity. While the abstract presents a strong case for the identified causes and proposed modifications, future research could delve deeper into the specific socio-legal and logistical challenges associated with implementing these suggested reforms, as well as their potential long-term effectiveness and public perception. Nevertheless, this paper provides a robust analytical framework and a set of concrete recommendations, laying essential groundwork for systemic changes aimed at fostering a more effective and humane correctional system.

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