Correctional Institutions as a Criminogenic Factor in the Perspective of Abolitionism based on Laurence Meir Friedman’s Legal Culture Theory

  • Syifa Azzahra Nada Aranthxa,
  • Achmad Riyadi and Risma Yulia Astuti
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  • Syifa Azzahra Nada Aranthxa

    Student at Faculty of Law, Slamet Riyadi University, Indonesia

  • Achmad Riyadi

    Student at Faculty of Law, Slamet Riyadi University, Indonesia

  • Risma Yulia Astuti

    Student at Faculty of Law, Slamet Riyadi University, Indonesia

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Abstract

The cycle of legal culture in the criminal justice system, especially in imprisonment, has become a criminogenic factor. Prison is considered not as a solution to the problem of crime, but as The Graduate School of Crime. This is based on the notion of abolitionism that views the criminal justice system as a structural defect and the form of imprisonment as a form of social problem, so that an alternative punishment is needed. Short imprisonment such as 1 - 6 months will be too short for rehabilitation, too long for corruption, where short imprisonment will lead to large fraud, this is due to the influence of social interaction in the prison. Some alternatives of fines, supervision punishment, social work punishment, prevention and execution of punishment at night because the use of fines tends to be more effectively used because it can provide additional income for the state unlike imprisonment which pressures the state treasury. This discussion is elaborated using the content of Laurence Meir Friedman Theory which discusses related to legal substance, legal structure and legal culture.

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International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 309 - 320

DOI: https://doij.org/10.10000/IJLMH.118001

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