THE INFLUENCE OF THE NATIONAL KUHP PUNISHMENT SYSTEM ON THE CAPACITY OF CORRECTIONAL INSTITUTIONS

Abstract

Updates law criminal through Constitution Number 1 of 2023 concerning 
the Criminal Code (National Criminal Code) brings shift paradigm from 
justice retributive going to justice corrective , restorative , and 
rehabilitative . One of them objective main change This is to unravel crisis 
overcapacity in Correctional Institutions (Lapis) due to enforcement the 
law that has been in effect This too prison - oriented research This aim For 
analyze draft policy criminalization new , condition real capacity Power 
prison capacity , influence causality system criminalization to Power 
capacity , constraints its implementation , as well as effort optimization . 
The research method used is normative-empirical with approach legislation 
, conceptual , and sociology law . Research results show that the National 
Criminal Code provides alternative non- custodial criminal law in the form 
of criminal supervision and criminal Work social For cut current prison 
housing . However , the influence positive decline capacity residence the 
Not yet realized in a way concrete in the field consequence constraint 
substance ( emptiness regulations technical ), structure ( readiness means 
infrastructure Bapas /Lapas), and culture law officers who are still punitive 
. 
Required step optimization through acceleration regulations derivative 
judicial and strengthening coordination inter-apparatus enforcer law for 
implementation criminalization alternative can overcome prison 
overcapacity sustainable .