ANALISIS KOMPARATIF SISTEM PEMASYARAKATAN DI THAILAND DAN INDONESIA DALAM MENGATASI KELEBIHAN KAPASITAS

Abstract

Overcrowding in correctional institutions significantly affects the effectiveness of inmate rehabilitation, human rights protection, and social reintegration, particularly in Indonesia and Thailand. This study aims to analyze the regulatory framework and implementation of correctional systems in both countries and conduct a comparative analysis to identify best practices. The research uses a normative juridical method with descriptive-comparative approaches (statute approach and comparative approach), utilizing primary, secondary, and tertiary legal materials as well as library research. The results indicate that Indonesia, through Law No. 22 of 2022 on Corrections and the new Criminal Code, regulates assimilation, integration, and community service as alternative punishments, yet implementation is limited due to overcrowded prisons and insufficient community involvement. Thailand, through the Probation Act B.E. 2522, Corrections Act B.E. 2560, and Narcotics Act B.E. 2522, effectively supports community-based corrections, open prisons, halfway houses, and official volunteer supervision. The effectiveness of correctional systems depends on the alignment of legal norms, institutional capacity, and community participation.