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The increasing number of prisoners causes many issues. Every year, captivities are built with considerable number of money and gives burden to government. The cost needs to spend for every custody reached three billion rupiah per month. From legal and economic point of view, this kind of development indicates the failure of realization and implementation of law in society. Empirical evidences have shown that many prisoners continue to commit crimes after released from detention. This phenomenon opens room for a new notion to solve it without jail sentence. Thus, this study offers an alternative to minimize the high number of prisoners in captivity. This study used empirical legal research method. The results of this study indicate that mediation is naturally effective to be applied in resolving legal cases. Regarding the procedural law of customary justice, all forms of cases are settled by deliberation to reach consensus through mediation guided by the customary head.

Customary Law-Based Convicts Number Decrement in the Penitentiary