Thinking Through the Indonesia’s Prison Reform

Pranoto Iskandar
Aug 25, 2017 · 3 min read

One of the most persistent yet overlooked problems in Indonesia’s criminal justice system reform agenda is the prison or “penitentiary” dimension. Hence, it should be no surprise that the prevailing solution is no more than a mere gesture of indiscretion. Specifically, prison overcrowding does not necessarily mean simply asking for more space for incarceration. While it may be true of traditional economic activities, where strong demand is supposedly met by equal supply, in the case of incarceration, that logic is blindingly misleading. Simply put, in the case of prison management, it is nonsensical to suggest that more prisoners are equivalent to the demand that needs fulfillment.

For starters, it is worth reminding that the primary purpose of imprisonment as one form of criminal penalty that the modern criminal law recognizes is that it is considered a humane way to “reform” the corrupted mind before they return to society. It implies that the modern conception of “penalty” is not a form of punishment. Rather, it serves to educate, i.e., not only inform, and warn the malfeasant but also the public by conveying the message that the cost of such conduct may substantially outweigh the benefit. Importantly, criminal law is not a forum for a tit for tat game between the aggrieved on the one hand and the miscreant on the other. Bluntly put, should we be serious about the betterment of the criminal justice system, in particular, prison management, it is time to think through the prevailing paradigm radically.

Admittedly, the current model has been set to a “default punitive mindset” mode where we can only achieve the disciplinary ideal through the introduction of punishment. While seemingly there is no problem with it as we tend to be driven by incentive, a closer look suggests the reality is much more complex than that. Worse, this situation in many instances has led to an exaggeration that has prodded us to think the harsher the penalty, the more obedient people become. This reasoning is on full display with our “brawl” with acute and never ending drug problems. Truth be told, the more vigor that we put into it, the more resistance and censure we earn from others. However, at the same time, we find no other fair minded solution other than pushing this dead-end formula through.

The above situation cogently confirms that we already have our brawn by ignoring the external pressure, which is something we need to be proud of as an independent nation. Other than that, this means it leaves something to be desired, i.e., the all-important brain. When connecting all the dots in our effort to make sense of the prison overcrowding, it should be acknowledged that the main culprit is that our drug laws are among the harshest in the world. Moreover, the general director of prisons recently claimed that over fifty percent of the inmates are drug-related detainees. Meanwhile, a science-driven solution that has been spearheaded by Kofi Annan led-Global Commission on Drug Policy utilizes rational engagement and abandons the failed punitive enforcement. Instead, they prefer a total decriminalization approach that opens the way for “offering health and treatment services to those in need, as well as harm reduction measures such as substitution therapy, and focusing repressive actions only on violent organizations, in ways that undermine their power and reach.”

As one study concludes, the overcrowding that frequently leads to the increase of severity in prisons has contributed significantly to the growth of post-release criminal activity. One other thing that the above discussion implies is that imprisonment should be seen as the last resort. Moreover, imprisonment as a method of punishment is excessively draining the scarce public resources. Additionally, being incarcerated, the prisoners are usually wasting their valuable time in idle chatter and at the same time unwittingly dragging their families through a severe financial crisis. Furthermore, some empirical studies may help in providing an array of enriching offerings to develop more sensible laws and policies for this challenging issue. If an alternative to imprisonment is non-existent, it is suggested to adopt a mandatory work program where the prisoners receive no compensation as one study states that any compensation that prisoners receive decreases the prison’s deterrent effect and the general public also reaps the benefit.

Before concluding, it is important to reiterate that in order to produce genuine reform the emphasis should be on how to treat the violent offenders. The distinction between the non-violent and violent offender is vital as the latter is the one that poses a danger to society. This means the overall prison reform should focus its attention to rehabilitate the population.

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