Gevangenen : Jurnal Kajian Lembaga Pemasyarakatan

KAJIAN KRIMINOLOGI TERHADAP TERPIDANA NARKOTIKA SEBAGAI PENYEBAB OVER KAPASITAS DI LEMBAGA PEMASYARAKATAN

Patrecia Simamora, Anastasya Hutapea, Petrus Panjaitan — Sun, 24 May 2026 00:00:00 +0700

This article analyzes Indonesia's criminal law policy regarding Narcotics Crimes, particularly reviewed from the perspective of Law Number 35 of 2009. The primary objective of this paper is to identify the factors contributing to the dominance of narcotics cases in Correctional Institutions (Lembaga Pemasyarakatan or Lapas) and to measure the significant impact of severe and long-term prison sentences on the issue of Lapas overcrowding in Indonesia. The methodology employed is normative legal research using statutory and conceptual approaches. The findings indicate that the emphasis on incarceration for all categories of perpetrators (especially users and low-level dealers) without strong differentiation, coupled with the application of high minimum penalties, is the primary driver of overcrowding. The conclusion underscores the need for sentencing policy reform, such as maximizing rehabilitation for addicts and considering non-custodial alternative sanctions to alleviate the capacity burden on Indonesia's Correctional Institutions.

SISTEM PEMIDANAAN DAN REALITAS LEMBAGA PEMASYARAKATAN DI INDONESIA

Fri, 22 May 2026 00:00:00 +0700

This article re-examines Indonesia’s penal system by highlighting the gap between its formal objectives and the actual conditions within correctional facilities. Research indicates that the penal approach remains heavily centered on imprisonment, resulting in chronic overcrowding, limited rehabilitation efforts, and diminished corrective outcomes. The fulfillment of inmates’ rights, including those of vulnerable groups such as women, is constrained by structural limitations and insufficient facilities. The effectiveness of correctional integration policies also remains uneven due to administrative barriers and assessment challenges. This article reviews the potential of restorative justice as a more proportional alternative capable of reducing pressure on correctional institutions. Through legal normative analysis, it proposes reform strategies grounded in humanistic principles, restorative orientation, and long-term effectiveness.

KETERKAITAN EFEKTIFITAS HUKUMAN DIKAITKAN DENGAN LEMBAGA PEMASYARAKATAN

Tue, 26 May 2026 00:00:00 +0700

This study examines the relationship between crime, punishment, and the role of correctional institutions (Lapas) in the Indonesian penal system, focusing on the effectiveness of imprisonment and inmate development. The study employed a literature review method with a qualitative descriptive approach and analyzed scientific journals. The results indicate that the success of sentencing is determined not only by the sentence imposed, but also by the quality of guidance within the prison. Prisons play a crucial role in fostering legal awareness, reducing recidivism, and preparing inmates for social reintegration. However, limited capacity, resources, facilities, and supervision hinder the effectiveness of guidance. In conclusion, optimizing the function of prisons through a rehabilitative approach, education, and skills training is key to achieving a humane, just penal system that is capable of reducing recidivism.

OVERCROWDING DI LEMBAGA PEMASYARAKATAN

Edi Suranta, Cemby Agustina, Irene Anastasya Sinaga , Vita Daniela B.V.R Oematan — Sun, 31 May 2026 00:00:00 +0700

Correctional institutions are a vital part of the correctional system, serving to foster inmates so they can be reintegrated into society. However, as the number of inmates increases, many prisons are experiencing overcrowding because the number of inmates is not proportional to the available capacity. This study aims to directly describe effective solutions to address the problem of overcrowding in Indonesian correctional institutions and identify policies that have been implemented to address this issue. The method used is empirical juridical research, focusing on legal aspects and facts on the ground, as well as a socio-legal approach to analyze issues related to social injustice. The data used are secondary data collected through literature studies, including primary and secondary legal materials. The results of the study indicate that various factors influence overcrowding, and current policies have not yet had a significant impact on reducing overcrowding in prisons.

PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA SEBAGAI UPAYA MENGURANGI PENGHUNI LEMBAGA PEMASYARAKATAN/RUMAH TAHANAN

Soltan Aruan — Sun, 31 May 2026 00:00:00 +0700

The application of restorative justice in resolving criminal offenses has drawn mixed public reactions. Most people welcomed the policy positively, as it is considered capable of restoring social relations damaged by crime and prioritizing humanitarian values and social balance. This concept offers an alternative case resolution that focuses more on restoring the original state than on retaliation. Currently, provisions related to restorative justice are regulated by various police agencies, including Police Regulation Number 8 of 2021, Prosecutor's Office Regulation Number 15 of 2020, and Supreme Court Regulation Number 1 of 2024. However, differences in regulations regarding the definition, scope, procedures, and implementation of restorative justice in each institution create legal disharmony and can reduce its effectiveness in practice. Therefore, comprehensive, integrated, and binding regulations in the form of legislation are needed, such as those stipulated in Law Number 11 of 2012 concerning the Juvenile Justice
System. These regulations are expected to ensure the harmonious implementation of restorative justice, guarantee legal certainty, and create a justice system that aims to balance between victims and perpetrators, and to achieve justice that balances between victims, perpetrators and society as a whole, and to strengthen public trust in a fairer criminal justice system.