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