Reform of Sentencing Policy for Narcotics Offenders in Indonesia: From a Punitive Approach to Human Rights-Based Rehabilitation

Abstract

Indonesia's narcotics policy, as codified in Law No. 35 of 2009 on Narcotics, remains predominantly punitive in character, emphasizing long-term imprisonment and capital punishment even for low-level drug offenders. Despite legislative provisions in Articles 54 and 127 that open avenues for medical and social rehabilitation, their implementation remains inconsistent and heavily reliant on law enforcement discretion. This study examines the urgent need for criminal sentencing reform in Indonesia's narcotics offenses, focusing on the shift from a punitive approach toward a human rights-based rehabilitation model. Using a normative juridical approach combined with comparative legal analysis, this research analyzes legal frameworks, judicial practices, and policy developments in Indonesia, with reference to international human rights standards and comparative jurisdictions. The findings reveal that the current criminal justice system disproportionately penalizes drug users, failing to distinguish between addicts and traffickers, which results in chronic prison overcrowding without effectively reducing drug circulation. Although Law No. 35 of 2009 provides for rehabilitation as an alternative to imprisonment, its implementation is suboptimal due to limited regulations, inadequate facilities, and the punitive paradigm of law enforcement officials. This study proposes a reconstructed sentencing policy based on a human rights approach, emphasizing rehabilitation for addicts and strict punishment for dealers and traffickers. The framework integrates principles of restorative justice, proportionality, and the right to health, aligning with international drug policy guidelines. The study contributes to the development of criminal law reform in Indonesia by offering a conceptual and practical framework for a more humane and effective narcotic sentencing policy. It also provides policy recommendations aimed at strengthening legal enforcement and enhancing the protection of human rights in the criminal justice system.