The Indonesian government plans to amend its drug laws, focusing on rehabilitation instead of imprisonment for drug users. This shift aims to address overcrowding in jails, with approximately 70% of inmates incarcerated for drug-related offenses. Coordinating Minister of Law, Human Rights and Immigration Yusril Ihza Mahendra stated that the government views drug users as victims requiring rehabilitation and guidance. The proposed changes align with the 'spirit of restorative justice' outlined in the new Criminal Code set to be implemented in January 2026.
Indonesia 's government has signalled a shift in its approach to some drug laws , in part to address overcrowding in jails.Former drug user Jennifer Agatha was sentenced to two years in an Indonesia n prison in 2021 after police found half a gram of methamphetamine on a friend.
He said the changes would follow the "spirit of restorative justice" under the new Criminal Code set to replace the existing code in January 2026.Mr Mahendra said the government now considered drug users to be "victims" who needed to be "rehabilitated while being guided by the state".While he did not specify when the law would be amended, he said the change would help tackle jail overcrowding.
However, criminal law experts, including Institute for Criminal Justice Reform executive director Erasmus Napitupulu, have criticised the government's proposal, arguing the policy change would simply move overcrowding from jails to rehabilitation services. "With decriminalisation, drug users would no longer fear accessing health services when needed and we could better educate the public on harm reduction ."
The institute's Awaludin Muzaki told the ABC the new criminal code needed to have more specific regulations for drug crimes.
Indonesia Drug Laws Rehabilitation Prison Overcrowding Restorative Justice
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