CD Skripsi
Problematika Pemenuhan Hak-Hak Narapidana Terkait Overkapasitas Di Dalam Lembaga Pemasyarakatan Di Indonesia
ABSTRACT
As one of the sub-systems of criminal justice, penitentiary institutions
(Lapas) have a role in implementing the guidance of prisoners and correctional
students through a correctional system based on education, rehabilitation and
reintegration. However, in its development, the coaching that was carried out
was not optimal because of the complexity of the problems that occur in prisons.
One of the root causes of problems in correctional institutions/detention centers is
over capacity. Various policies have been taken to overcome the problem of over
capacity, including through the rehabilitation of buildings to the construction of
new buildings with the aim of increasing the capacity of prisons and detention
centers. However, this policy was not significantly able to overcome the problem
of overcapacity considering that the additional number of prisoners and inmates
was still far greater as a result of the high crime rate in society.
This study was structured using qualitative analysis. Qualitative analysis
produces descriptive data, namely collecting all the necessary data obtained from
primary and secondary legal materials. This type of research is normative
juridical, namely research that is focused on examining the application of rules or
norms in positive law.
The results of the research conducted by the author are, first, the problem
of fulfilling the rights of convicts related to overcapacity in correctional
institutions in Indonesia, namely convicts not getting proper resting places due to
limited space, overcapacity in prisons also causes other crimes, such as riots in
correctional institutions, less optimal coaching carried out by correctional
officers; Health problems; and satisfaction of the conjugal visit. Second, the
ideal form of granting and fulfilling the rights of convicts in correctional
institutions in Indonesia, such as granting remissions, assimilation, conditional
leave, leave to visit family, leave before release; Application of Rehabilitation;
Application of restorative justice; Relocation of convicts and construction of new
land; Optimizing coaching; and good time allowance development program. The
author's suggestion is that for the government this condition depends on
government policies to regulate existing laws and regulations and strengthen
coaching programs to accelerate the reintegration of convicts; Law enforcers
should prioritize the restorative justice approach in cases of minor crimes that
harm other people or carry out rehabilitation for narcotics abuse cases (except
for recidivists).
Keywords: Fulfillment, Convict Rights, Penitentiary, Overcapacity.
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