DIYAT CRIMINAL SANCTION AS ALTERNATIVE IN ORDER TO MINIMIZE PRISONS OVERCROWDING PROBLEM IN INDONESIA

Abstract

Prison overcrowding is a consequence of the high supply of prisoners as a chain of criminal justice systems in Indonesia, over capacity of prison inmates reaching 107% with a growth in prisoner increase of 22,000 per year at risk of inadequate facilities, high operational costs of prisons also very likely the potential for violations to the basic rights of prisoners as humans. The purpose of this article is to analyze the alternative criminal sanctions with compensation (diyat) to minimize the problem of prison overcrowding in Indonesia. The conclusion of this article is that it is necessary to develop a criminal concept that is in line with the goal of punishment as a “law abiding citizens” through a paradigm shift “to punish and retaliate” by restoring the dignity of prisoners by treating prisoners as human beings who have the potential to become good human beings, besides that criminal sanctions also need to be developed compensation (diyat) in certain cases in lieu of imprisonment sanctions that have been in the Criminal Code and other laws and regulations.