Renewal of ‘Strafsoort’ and ‘Strafmodus’ in the New Indonesian Criminal Code: Effort to Address Overcrowding

Abstract

Prison overcrowding is an issue that continues to burden the criminal justice system, with negative consequences for human rights and the effectiveness of prisoner rehabilitation. This article explores how the "Handbook on Strategies to Reduce Overcrowding in Prisons" published by UNODC provides strategies to address prison overcrowding. It also explains the importance of considering the availability of prison quotas for judges before imposing prison sentences. Furthermore, the renewal of the concept of strafsoort (type of punishment) and strafmodus (method of execution of punishment) in the context of the New Criminal Code (National Criminal Code) is used as a strategic effort to reduce prison overcrowding. Based on an analysis of relevant legal sources, this article examines how alternatives to imprisonment can be implemented to prevent overcrowding, promote rehabilitation, and lead to restorative and rehabilitative justice. The findings suggest that reforms that focus on diversifying sentencing and managing sentences with a more humanist approach could be a significant solution to the problem of prison overcrowding in Indonesia's justice system.