The Impact of Overcapacity on Fulfilling The Basic Rights of The Assisted Citizen in Prison in The Perspective of Human Right

摘要

Prison is actually a place for people who have obtained a fixed decision from the Judge, with the aim of providing guidance to criminal offenders to realize their mistakes, improve themselves, and cause deterrent effects, so that they do not commit criminal offenses and can fulfill their life needs. But the reality of prisoners in prisons is not only by prisoners, but also by detainees, people who are still undergoing a trial process. This then causes over-capacity in prisons, so that the impact on the fulfillment of prisoners' rights becomes unfulfilled as it should be received, especially in terms of fulfilling the basic rights of prisoners. This situation not only causes various problems, but human rights violations can also occur. On that basis, the problems that will be examined are what is the impact of over-capacity to fulfill the basic rights of prisoners in prison and how alternative solutions that can be done in minimizing the problem of overcapacity in prisons. The method used to answer the problems mentioned above is normative juridical research by conducting library research and empirical juridical research by conducting field research in prison in Class II Magelang. The data used in this study consisted of primary data obtained through interviews with field visits and secondary data taken from books, legislation, similar research results published in scientific journals and other literature. The entire data that has been obtained is then analyzed qualitatively. This research is expected to obtain results in the form of conclusions, about the impact of over-capacity in prisons not only due to the high level of crime, but also the application of policies to perpetrators of crimes in the fulfillment of basic rights, and will find alternative solutions in overcoming the occurrence of overcapacity in imprisonment by applying criminal sanctions against perpetrators in the form of criminal sanctions is not only aimed at penal sanctions, but also other criminal sanctions such as non-reasoning, criminal supervision, criminal penalties, social work crimes, and conditional free granting programs that can be carried out by applying the concept of diversion and restorative justice by paying attention to basic rights according to the concept of human rights. Thus, the problem of overcapacity in prisons will be overcome, and the criminal proceedings continue to run as they should.