New Criminal Code and the Prison Paradox

By: Ir. H. Abdullah Rasyid, ME.

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Last Monday (23/6), Indonesia’s Minister of Immigration and Corrections, Agus Andrianto, stated that prison overcrowding has now reached nearly 100 percent. Prisons that are only able to accommodate 140,000 inmates are currently housing around 170,000 people. Of course, the consequences of such “overcapacity” conditions do not need to be described in detail: instead of serving as places for rehabilitation, prisons often become environments of frustration due to poor and inhumane living conditions.

The government is indeed continuing efforts to expand prison capacity. As the Minister noted, the Ministry of Immigration and Corrections is currently preparing 13 new prisons. But is this truly a long-term solution? Looking at the current criminal justice system, there is no guarantee that the problem will not simply repeat itself.

Today, nearly 60 percent of prison inmates are related to narcotics offenses. This includes everyone from personal users and addicts to major drug syndicates. But should they all be treated the same—sent to prison—when prisons are already beyond capacity? And more importantly, is imprisonment truly the solution, given that the chain of narcotics crimes has not been broken? Ironically, drug-related crimes are still being controlled from within prisons.

This is why reintroducing the spirit of restorative justice into Indonesia’s criminal system is highly important and relevant. We should be grateful that the new Criminal Code (KUHP) is not merely a revision of articles. It carries a new spirit—a fresher sense of justice. Within it, we can see elements of corrective, rehabilitative, and restorative justice. This means the law now provides room for more flexible approaches that allow us to look beyond narrow definitions of “crime” and “punishment.”

Several provisions in the new KUHP clearly open opportunities for out-of-court settlements. This is a breath of fresh air for those who hope to see reduced prison overcrowding and more people given a second chance. The new KUHP shows that the state is beginning to understand that not all wrongdoing must be resolved through imprisonment. There are alternative paths that are more empowering and closer to the idea of “recovery.”

Of course, this is not an easy path. It requires a shift in mindset—from law enforcement officers, society, and even inmates themselves. Intensive socialization, continuous training, and strong policy backing are absolute prerequisites. All stakeholders—from the Ministry of Law, the Ministry of Immigration and Corrections, the Police, the Prosecutor’s Office, BNN, to civil society organizations—must work hand in hand.

This is a call to action for all of us. Let us use the momentum of the new KUHP to bring about real change. Let us prove that justice is not only about imprisonment, but also about liberation, restoration, and rebuilding. This is a story of hope—that we can open the door toward a more just and humane future.