Croatian International Relations Review

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Andi Kurniawan
Study Program of Penitentiary Technique, Politeknik Ilmu Pemasyarakatan, Depok, Indonesia

In Indonesia, the legal administration of prisons is a crucial component of the criminal justice system (CJS). Incorporating criminal law principles into penitentiary legal management mainly promotes rehabilitation and public safety. Due to numerous instances in which detainees were tortured to death, Indonesia's penitentiary administration has a negative reputation internationally. Nonetheless, Indonesia's penitentiary legal administration in the context of criminal law has not received much attention. The current study has effectively filled this research vacuum by focusing on the application of criminal law in Indonesian prisons. To acquire the necessary data, this study's qualitative judicial legal research focused on secondary and primary sources. After data collection, content analysis was performed. According to the findings of this study, the "Indonesian Criminal Procedure Law" (KUHAP) permits the extension of pre-trial detentions, which frequently results in unjust trials and other unsatisfactory outcomes. Even though criminal law is implemented in Indonesia's prisons, reforms to KUHAP are necessary to safeguard defendants' human rights. Several defendants have been observed to have been tortured to death during pre-trial detentions, and a few have perished due to prison overcrowding. Certain reforms were made to KUHAP in 1981 to advance the rights of defendants or suspects; however, no reforms were made during the defendants' detention. Law No. 12/1995 (Penitentiary Law) also establishes important regulations for correctional facilities. This research has various theoretical and practical implications. Therefore, significant recommendations were made to amend the KUHAP to improve Indonesia's penitentiary legal management.

Keywords: Penitentiary Law; KUHAP; Indonesia; Criminal Law; Criminal Justice System; Correctional Institutions; Penitentiary Legal Management.