Alternatif Pengefektifan Pidana Non Penjara dalam Penanganan Tindak Pidana Narkotika sebagai Upaya Pencegahan Overcrowding Rumah Tahanan (Studi di Rutan Kelas 1 Labuhan Deli)

Abstract

The emergence of considerations for alternative effective punishments, other than imprisonment, for narcotics offenders is necessary to prevent overcrowding. The research questions addressed include: How are non-imprisonment criminal penalties regulated within various provisions of Indonesian criminal law? How does the enforcement of narcotics laws for offenders contribute to overcrowding? How is the application of non-imprisonment penalties for narcotics offenders related to the occurrence of overcrowding? (A Study at Class 1 Labuhan Deli Detention Center). This research employs a normative legal research method with a descriptive-analytical nature. It utilizes a statutory and conceptual approach, systematically integrating primary and secondary data obtained through field studies and literature reviews. The data is then analyzed qualitatively. Based on the research, it is concluded that non-imprisonment criminal penalties are regulated within Indonesian legislation, including penalties such as fines, conditional sentences, rehabilitation, work training sentences, supervisory sentences, probation, house arrest, and community service. Several aspects of narcotics law enforcement contribute to overcrowding, including the reliance on imprisonment, the punitive legal culture, and the low public awareness of the dangers of narcotics. The Class I Labuhan Deli Detention Center is experiencing overcrowding due to the high number of detainees and prisoners involved in narcotics offenses, accounting for 42.7%, as many prisoners are not placed in correctional facilities or rehabilitation centers, leading to overcrowding.