TINJAUAN YURIDIS ATAS TERJADINYA KEADAAN OVER KAPASITAS DI RUMAH TAHANAN NEGARA KELAS 1 CIPINANG BERDASARKAN UU NO. 22 TAHUN 2022 TENTANG PEMASYARAKATAN

Abstract

Overcapacity causes problems within the detention center itself, such as decreasing the level of supervision and security that occurs within the detention center. So the initial purpose of the detention center was as a place to foster prisoners, but instead it gave rise to new levels of crime in the detention center. The level of crime that can occur in detention centers, including acts of abuse between prisoners, drug trafficking in detention centers and other crimes, in the problem formulation of this thesis is overcoming the situation of over capacity in the Cipinang Class 1 state detention center based on Law no. 22 of 2022 concerning Corrections and Juridical and Sociological obstacles in overcoming the situation of Overcapacity in the Cipinang Class 1 State Detention Center based on Law no. 22 of 2022 concerning Corrections. The data analysis method used is a qualitative analysis method, namely by exploring and comparing the implementation of laws and regulations in practice. The results of this research are the provision of remission, assimilation, conditional leave, leave to visit family, leave for freedom, and rehabilitation, through the application of the concepts of Restorative Justice and Penal Mediation. Restorative Justice provides an opportunity for the community and law enforcement officials to find the best solution and sanctions that will be given to the perpetrator without having to imprison the perpetrator, because this system applies so that the perpetrator compensates for the losses suffered by the victim. Another effort is through penal mediation, by bringing victims and perpetrators together. Obstacles that arise in efforts to overcome overcapacity at the Cipinang Class I State Detention Center originate from internal factors including the low quality of human resources, limited infrastructure which is not commensurate with the number Correctional Inmates in the Cipinang Class I State Detention Center.