Criminal deprivation of liberty (imprisonment and imprisonment) has
become very prima donna in the determination and imposition of crimes in
relation to the purpose of prosecution, especially the attainment of deterrent
effects for perpetrators and the achievement of general prevention. Whereas
the development of a new conception in criminal law, which stands out is the
development of alternative sanctions (alternative sanction), from the crimes
of lost independence to criminal penalties, especially against crimes that are
threatened with imprisonment under one year. The purpose of this study was
to determine the policy of the regional office of the ministry of law and human
rights in minimizing the use of criminal sanctions for imprisonment by judges
relating to the state of the penitentiary that has been overcapacity The type of
research used is normative research. Data used in this research is primary
data consisting of legislation and secondary data consists of literature,
journals, internet, and legal opinions obtained from experts. At present there
are several policies from the Ministry of Law and Human Rights and policies
from the Supreme Court, but some policies in order to reduce the overcapacity
appear to have been carried out by the government but these efforts do not
seem to significantly overcome overcapacity considering that there are far
more incoming prisoners than addition of room or number of prisoners
leaving.