CD Skripsi
Model Pidana Kerja Sosial Sebagai Pengganti Pidana Kurungan Dalam Rangka Mengatasi Permasalahan Kelebihan Kapasitas Lembaga Pemasyarakatan Di Indonesia
Almost all prisons and detention centers in Indonesia face the problem of
overcapacity which causes prisons unable to carry out ther functions optimally.
This is because criminalization in Indonesia is more inclined towards
improsinment. The criminal service order is present as an alternative punishment
to the crime of deprivation of liberty. The existence of Criminal Service Order is
expected to be a solution to the problem of overcapacity in correctional
institutions in Indonesia. The purpose of writing a thesis, namely: First, to find
out and understand whether the Social Service Order Model can be used as a
Substitute for the Penalty of Imprisonment in the Context of Overcoming the
Problem of Overcapacity of Prisons in Indonesia. Second, to find out and
understand How the Ideal Criminal Service Order Model as a Substitute for the
Crime of Imprisonment in Order to Overcome the Problem of Overcapacity in
Prisons in Indonesia.
The type of research used in this legal research is the normative juridical
method, because the purpose of this study is to provide a systematic and
comprehensive description or description. In this study the authors conducted
research on comparative laws, by identifying in advance the legal principles that
have been outlined in the RUUKUHP.The data source used is secondary data.
The data collection technique in this research is the literature review method after
the data is collected and then analyzed to draw conclusions.
From the results of research and discussion it is known that, first,
imprisonment penalties that implement a system of deprivation of liberty do not
have a useful purpose of punishment and result in overcapacity in prisons. The
emergence of social work punishment as a substitute for imprisonment is deemed
to be commensurate with the criminal offense, namely minor crimes with a short
sentence. and a convicted social worker does not need to live in a correctional
facility. Second, social work punishment as a substitute for imprisonment would
ideally be implemented in Indonesia if the punishment imposed is in accordance
with the background and skills of the convict and in carrying out the sentence
there is supervision from the supervisory team.
Keywords: Criminal Service Order – Criminal Confinement – Over Capacity –
Correctional Institution
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