is considered as if it is mandatory. Further, the decision of judges contributes to the continuity of the practice where an offender is automatically sent to the prison. Dr. Luhut viewed that discussion on penitentiary issues must not be distinguished from discourses on material and procedural law on criminal matters, as well as how law enforcement body utilise their authority on whether the decision to detain and/or to imprison are truly mandatory to uphold the law and justice. If the answer is yes, then overcrowding will solely be a technical issue whereby the government had been insufficient in establishing new penitentiaries. However, if the answer is no, then a review on material and procedural law is required in how to utilise the authority since excessive use of detention on a suspect or imprisonment of an indicated person is creating more problems than the crime itself. It causes overcrowding which resulted poor delivery of rights to detainees and inmates in penitentiaries. The existence of excesses over such a huge authority of law enforcer are acknowledged in Indonesia. Therefore, amendment of penal code and penal procedural law, as well as law on correctional institution are in progress as these three laws are highly correlative with overcrowding in prison. However, any amendment of law will always consume a long period of time. Prior to the establishment of new law, Dr. Luhut posed a question whether is there anything that law enforcement bodies could do to cease overcrowding in penitentiaries. And if such is conducted, are they prepared to be legally sued or to be blamed on the occurrences of human rights violation? Dr. Luhut said that while his question awaits responses from the authority, there is a need to review the situation of penitentiaries in Indonesia. 3. Situation and Condition in Penitentiary in Indonesia: “Deep Puddle” The situation and condition of correctional institution (penitentiary) in Indonesia had been worse with overcrowding for a long time. In one of discussions organised by The Council of National Endurance (WATANNAS) Indonesia, based on the data published by the officials in the discussion, Dr. Luhut illustrated the situation and condition of penitentiary in Indonesia as water in a deep puddle. There is a big gap between inflow and out-flow of inmates in which the in-flow is much higher than the out-flow. As commonly understood, naturally, a deep puddle will produce bad smell and if the puddle stays for some time, it will become the source of diseases in addition to the odour. From data released in the discussion, for example in mid-2021 the number of individuals imprisoned in penitentiary are 271.31 whereby the capacity is only 131.91 persons. The figure is not static as it is calculated that each year, there is a tendency of increase for up to 20,000 new inmates. By looking at the current number provided in the discussion by the Directorate General of Correctional Institution at the Ministry of Law and Human Rights, the capacity has exceeded by 105 percent. The crime of 50