Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


The Urgency of Centralization Guidelines Regulation: Alternative Solutions in Minimizing the Occupancy of Correctional Institutions in Indonesia

Author(s): Gde Made Swardhana, I Nyoman Putu Budiartha

 This study is intended to examine the urgency of enacting criminal guidelines to minimize the overcapacity of the occupancy rate of Correctional Institutions in Indonesia. This study used an empirical legal research method with a statutory and factual approach. The results of the study found that the occupancy rate at the correctional institution at the Regency level in the Province of Bali included overcapacity as the number of prisoners entering and leaving was not directly proportional to the capacity of the room. The phenomenon of overcapacity that occurs, is felt to have not been able to provide a sense of justice for inmates in prisons. In addition, there is still a lack of legal certainty. Therefore, in the context of realizing justice and legal certainty among inmates so that they can truly become a pillar of hope for them and also all parties involved in it, it is very urgent to enact the guidelines and objectives of punishment in the Draft Criminal Code as an alternative solution to reduce the overcapacity in correctional institutions in Indonesia. Legal certainty will be realized through the existence of sentencing guidelines where this will be closer to achieving a sense of justice for those who are Justice seekers.

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