The Remission and Detention Policy as an Effort to Overcapacity of Detention and Prison in Indonesia

Abstract

There are 2 (two) factors as causing of Detention and Prison experiencing overcapacity, there are detainees and prisoners. Prisoners are entitled to Remission, in the form of a reduction in the life of a criminal judge. Detainees have no right to remission, but the Criminal Procedure Code provides restrictions for a suspect to be subject to detention. The Criminal Procedure Code does not require a suspect to be detained, especially in cases that are less severe. The Criminal Procedure Code only provides that a suspect committing an offense punishable with imprisonment of 5 (five) years or more may be subject to detention. The word of 'can' means non-compulsory, The Criminal Procedure Code gives freedom to the investigator, prosecutor or judge to do or not to arrest the suspect.

Many small cases are relatively small objects whose suspects should not be detained, but in practice are often detained by investigators, prosecutors or judges. Suspects of minor offenses do not need to be detained so that the overcapacity of prisons and detention can be overcome. Immediate detention is carried out for major crimes that endanger the interests of the people and the state, so the government does not need to be preoccupied with the overcapacity of Detention and Prison, which in turn can lead to fights and commotion in Detention and Prison. Removing a remission is one of the denials of a judge who has imposed a punishment to prisoner.