In substance, the violations are first, Law of Human Rights: As a member of United Nations (UN) stipulated by UN as well as other international instruments of human rights which are accepted by The Republic of Indonesia. Second, Article 5 of the Universal Declaration on Human Rights guarantee any person’s right to be free from torture or cruel, inhuman or degrading treatment or punishment. Third, Article 33 Paragraph (1) of the Law on Human Rights stated that any person shall be free from torture or cruel, inhuman or degrading treatment or punishment. Fourth, Article 71 of the Law on Human Rights stated that the government has the obligation and responsibility to honour, protect, uphold and develop human rights as provided in the law on human rights, other regulations and international law on human rights being accepted by The Republic of Indonesia. Fifth, law on Anti Torture and Degrading Humanity: Pancasila or the Five Principles as the nation’s philosophy and vision of life as well as the Constitution 1945as the source and ground of the Indonesian law. Sixth, UN Minimum Standard Rule on the Treatment of Offenders provides requirement of one room for one person and humanity must be fulfilled. Further, Provision 16 of the UN Minimum Standard Rule stipulates that a court decision on the length of imprisonment as the measures of violation, severity and the period of time required to restore the person cannot be exercised rigidly in the time of the person serving the punishment, but rather to set a limit on when the person should be released since imprisonment longer than the limit will create degradation. Therefore, conditional release has an important role in the process of restoration and the head of institution must have the authority to act in this relation. The effective use of conditional release based on recommendation from head of institution will decrease overcrowding as well as increasing the possibility of this rule being applied. Therefore, reducing overcrowding is inevitable since it is a continuous violation of human rights added with negligence or omission. As this is an essential issue, the efforts to eradicate it must be conducted at the same time. This is amongst other by, not to hinder any possible delivery of rights of inmates. Additionally, from the legislation point of view, the establishment of new penal code and penal procedural law in which projecting restorative justice through alternative of punishments such as fines, social control and work may alleviate overcrowding in penitentiary. 6. Closing and Recommendation As a brief summary, Dr. Luhut reiterated that the condition and situation of penitentiary in Indonesia is of high concern since it is categorically not only violating its own laws and regulations but also human rights in continuous manner as a result of negligence or omission. Therefore, such violation is susceptible for any legal suit either individually or collectively by the detainees and/or inmates through many 52