Minister of Corrections: Overcapacity Evidence of Flaws in the Legal System's Response to Crime

“We see the facts on the ground: as of 30 April 2026, the total number of correctional inmates is 271,602 people, comprising 215,044 convicts and 56,558 detainees. Currently, prisons and detention centres are experiencing 85 per cent overcapacity,” said Minister Agus at the National Corrections Seminar in Jakarta on Wednesday (6/5/2026). “Of the total 271,602 correctional inmates, 146,376 people or 53 per cent are perpetrators of narcotics criminal acts,” he added. He then touched on the number of recidivists or individuals who reoffend and are processed again. This also contributes to overcapacity. “This is no longer just a crisis of overcapacity. Overcapacity is clear evidence that there is something wrong with the legal system in responding to crime. Especially with the increase in the number of recidivists re-entering. This indicates ineffectiveness in the sentencing process that has been running so far,” explained Minister Agus. Therefore, Minister Agus emphasised that every law enforcement apparatus should prioritise the ultimum remedium principle. He stated that prison is the last option in the sentencing process. “Facing this anomaly, I want to highlight one scientific principle that we must return to as a guide in law enforcement, namely the ultimum remedium principle. Prison must be the last solution, not the first choice. In line with minimalist penal theory and restorative justice,” clarified Minister Agus. The benchmark for advanced countries in corrections, continued Minister Agus, is the success in rehabilitating correctional inmates or convicts (prisoners). The rehabilitation referred to is preparing released prisoners to be accepted back into society. “A modern state is not measured by how many of its citizens it imprisons, but by its ability to restore conditions and damages caused by crime and to return perpetrators to the right path,” concluded Minister Agus.”