The Role of Legal Reform in Addressing Prison Overcrowding and Strengthening The Guarantee of Inmates’ Human Rights
Year: 2025
Type: article
Abstract: The issue of overcrowding in correctional institutions (prisons) has become a structural problem within Indonesia's criminal justice system. The high occupancy rate exceeding capacity leads to violations of inmates’ human rights, such as the right to health, proper housing, and rehabilitation services. Legal reform, particularly through the Correctional Law No. 22 of 2022 and the New Criminal Code (KUHP) No. 1 of 2023, introduces a new paradigm in sentencing management and the protection of prisoners’ rights. This study aims to analyze how these legal reforms contribute to addressing overcrowding and strengthening the guarantee of inmates’ human rights. The research method used is normative juridical with a conceptual and statutory approach. The study finds that the reinforcement of alternative sentencing (non-custodial punishments), such as community service and supervision penalties in the new Criminal Code, as well as the inmate integration system and rehabilitation-based approach in the Correctional Law, serve as relevant legal solutions. However, implementation challenges—such as lack of synergy among law enforcement agencies, human resource shortages, and resistance from legal culture—must be addressed through harmonization measures and continuous public dissemination. This journal recommends formulating more progressive criminal policies oriented toward restorative justice.
Authors: Dedy Cahyadi, Abdullah Sulaiman
Institution: Universitas Borobudur
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4411335782