Kajian Yuridis Atas Efektivitas Undang Undang Nomor 12 Tahun 1995 Tentang Pemasyarakatan Terhadap Dampak Kelebihan Warga Binaan (Studi Kasus Di Lapas Klas II B Tebing Tinggi)

Abstract

The occupants of the Correctional Institution are not commensurate with the capacity provided by the Correctional Institution. The percentage between prisoners who are free and prisoners who enter prisons is very unbalanced. Several criminal cases that gave rise to a large number of new convicts were related to a very rapid increase in the occurrence of criminal acts, especially those related to non-narcotics, theft and violence against children. This research is a normative juridical research. Normative juridical research is library research to collect data from reference reading materials and laws and regulations as well as court decisions.

The results of the study indicate that there is an increase in the occurrence of criminal acts mentioned above, there are also several factors that can encourage an increase in the number of prisoners entering prisons which causes overcapacity in prisons. Factors that can affect the increase in the number of prisoners entering prisons can also be from a legal perspective. The law referred to here is material and formal criminal law as well as criminal law enforcement that is too oriented to be included in prisons so that all criminal acts committed by

someone, both minor and serious crimes will be included in prison

The impact of the overcapacity of the Correctional Institution as a criminogenic factor is that it has an impact on the security side where this situation makes it difficult for inmates to rest and carry out activities, resulting in disruption of the rights of inmates. Also on the health side, where prisoners in prison should have the right to get a health check, but because the number of medical personnel is not proportional to the number of prisoners in prison, this right is not implemented.

Efforts have been made to deal with the impact of overcapacity, which is clear in essence that the Class II B Tebing Tinggi Correctional Institution accelerates development, namely by accelerating social reintegration efforts, such as Conditional Leave, Conditional Release, Leave Before Release, Assimilation and Transfer to another Correctional Institution. And the Penitentiary has coordinated with the Regional Government to request additional facilities such as rooms and the addition of new buildings.

Keywords: Correctional Institution, Inmates, Excess Capacity