The Urgency of Penal Reconstruction as an Overcrowded Effort in the Correctional Institutions Based on Criminal Law

DOI

10.2991/978-2-38476-218-7_56How to use a DOI?

Keywords

—Reconstruction; Overcrowding; Penitentiary; Criminal Law; KUHP

Abstract

The reconstruction of criminal law in Indonesia is a substantial endeavor to modernize the Criminal Code, or KUHP, which has existed since the colonial era. The primary goal is to promote consistency in criminal law by incorporating the principles of Law Number 1 of 2023, which establishes a suitable legal foundation for implementing more efficient and enduring penalties. This study examines essential strategies to address the issue of overcrowding in Indonesian prisons, a persistent problem in Indonesia that affects the efficiency of the criminal justice system. The consequences of this issue include the decline in prisoner conditions and the potential economic burden on the nation due to the financial support provided to incarcerated individuals. Within this framework, reconstruction mitigates adverse consequences by considering diverse factors, such as implementing more suitable sanctions, employing alternate forms of punishment, and safeguarding the rights of incarcerated individuals. Incorporating the ideals of restorative justice is a crucial factor to be considered while conducting a more in-depth study using the analytical prescriptive specification approach. The study findings indicate the pressing need for criminal reconstruction, as outlined in Law Number 1 of 2023, to mitigate adverse effects and enhance the efficiency of the criminal justice system through societal and legal advancements.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Dian Rizki
AU  - I Gusti Ayu Ketut Rachmi Handayan
AU  - Hartiwiningsih Hartiwiningsih
PY  - 2024
DA  - 2024/02/22
TI  - The Urgency of Penal Reconstruction as an Overcrowded Effort in the Correctional Institutions Based on Criminal Law
BT  - Proceedings of the International Conference On Law, Economic & Good Governance (IC-LAW 2023)
PB  - Atlantis Press
SP  - 334
EP  - 338
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-218-7_56
DO  - 10.2991/978-2-38476-218-7_56
ID  - Rizki2024
ER  -