AUGUST 2017 FORBES INDONESIA | 17RETRIBUTION, incapaci-
tation, deterrence, restora-
tion and rehabilitation are the
five stages normally associ-
ated with any criminal justice
system, and differences occur
only in where the emphasis is
placed. The U.S. favors a puni-
tive approach, which is per-
haps why, according to World
Prison Brief figures, it leads the world with 666 out of
every 100,000 people being incarcerated. At the other
end of the scale is northern European countries, which
have a restorative justice approach, with Norway having
a prison rate of just 74 per 100,000.
At 81 per 100,000 people, the lowest prison rate of
reporting ASEAN countries, Indonesia would appear to
favor the Norwegian approach, as per the Law 12/1995 on
Correctional Institution. For example, Article 2 provides:
“The correctional system is organized in order to estab-
lish the prisoners to become complete human beings, to
evaluate their mistakes, to improve themselves and not
to repeat the offenses, thus they can be accepted by theBRINGING JUSTICE TO THE CRIMINAL
JUSTICE SYSTEM
A 30-YEAR VETERAN OF EMERGING MARKETS, JAMES S. KALLMAN IS THE SENIOR PARTNER OF GLOBAL ACCOUNTING AND CONSULTING FIRM, MOORES ROWLAND (A MEMBER FIRM
OF PRAXITY). JAMES IS REGULARLY QUOTED IN LOCAL AND INTERNATIONAL MEDIA.REALITY CHECK JAMES KALLMAN
community, be actively involved in the de-
velopment of the community, and be able to
live fairly as good and responsible citizens.”
However, there is a gulf between text and
truth. Despite the noble words, few prison-
ers believe they receive equality of treatment
and services, along with other values, such
as respect for human dignity and recognition
that loss of freedom is sufficient punishment,
as is provided in Article 4. Of course, some
must be removed from circulation for the
safety of society, but key to the Norwegian
approach is the expectation that even these
people can one day be rehabilitated. One
doubts that the same belief holds true in In-
donesia where, in fact, many prisoners come
from vulnerable exploited groups. The cur-
rent failure of the Indonesian system is that
they and their families continue to be exploited every step
of the way, preventing them from becoming more produc-
tive members of society.
The reasons are many, not helped by the pressures
placed on facilities across the board by the 23% rise in
Indonesia’s population to 260 million now from 2000.
In the same time, actual prison numbers have more than
tripled from 53,399 in 2000 to 292,623 at yearend 2016.
Prison facilities have been strained to the bursting point,
with occupancy rates at 175% of official capacity. It is a
potentially dangerous cocktail when mixed with under-
staffing, and inadequate training of prison officers; small
wonder that recidivism is on the rise.
This comes at no small cost to Indonesia, both direct
in the provision and staffing of additional facilities to
cope with growing prison numbers as well as the loss of
potentially productive citizens. A 2007 U.S. Department
of Justice report on recidivism found that strict incarcer-
ation actually increases the likelihood of prisoners reof-
fending after release, whereas facilities that incorporate
“cognitive-behavioral programs rooted in social learning
theory” are far more effective in keeping them out of jail.
Here is another lesson for Indonesia to learn. FREUTERS