Reforming Indonesia’s Approach to Narcotics Offenses: A Call for Rehabilitation over Incarceration

Abstract

This study examines the issue of prison overcrowding in Indonesia, with a particular focus on the impact of current penal policies related to drug-related offenses. The over-reliance on incarceration, especially for minor drug crimes, is identified as a significant contributor to the overcrowding crisis in correctional institutions. Despite legal provisions for rehabilitation as an alternative to imprisonment, inconsistent implementation has hindered efforts to address the root causes of drug-related crimes. The study advocates for a comprehensive reform of Indonesia’s penal system, emphasizing the need to shift from a punitive approach to one centered on rehabilitation and restorative justice. Such reforms are essential not only to alleviate overcrowding but also to ensure the humane treatment of individuals with substance use disorders, in line with international human rights standards. The study concludes with recommendations for enhancing the application of rehabilitation, increasing public awareness, and improving the monitoring of rehabilitation programs to foster a more equitable and effective criminal justice system.