TANGGUNG JAWAB PEMERINTAH DALAM PELANGGARAN HAK NARAPIDANA DAN TAHANAN PADA LEMBAGA PEMASYARAKATAN/RUMAH TAHANAN NEGARA

Abstract

ABSTRACT Prison overcapacity is caused by substance abuse of function. This condition stimulates lack of rights of pleasantness for inmates in the prison. Being inmates do not terminate that their rights and dignity as human. In other words as inmates they also deserve to be treated as human being. The present study aims to elaborate further about government liability in fulfilling the rights of inmates as human being in related to prison over capacity. Moreover, the present study also tries to examine liability concerning substance infringement of function conducted by wardens. The method used in the present study is a normative legal research, namely legal research which is conducted by examining the library materials or secondary law while in finding and collecting the data is done by two approaches, namely the law and conceptual approaches. The present study concludes that government responsible to overcome prison over capacity in order to provide coupled with protect the rights of inmates concerning their pleasantness in the prison. The occurrence of substance infringement conducted by wardens, government holds liability for this issue in which the government can be charged administrative penalty according to the regulations. Keywords: Over capacity, Liability, Inmates