Evaluating Indonesia's Narcotics Law Policies: The Impact of Punitive Approaches “War on Drugs” and Human Rights-Based Alternatives

The Indonesian government's policy for addressing drug-related crimes continues to emphasize a punitive legal framework, reflected by a crime control approach.The concept of crime control is seen in punitive policies designed to exert a deterrent effect on offenders. This punitive policy is intrinsically linked to crime control, numerous punitive measures only reflect ineffective state actions and fail to establish order. Punitive criminal justice approaches don't yield a deterrent impact.

An example of a punishing policy that remains in effect under the current Indonesian administration is the war on drugs policy. This policy posits that the primary function of prisons is to administer punishment rather than facilitate rehabilitation, and it is regarded as a successful approach to safeguarding public safety. Consequently, the population of drug offenders persists in rising. As of August 27, 2024, data from the Directorate General of Corrections indicated that 51.50% of the total 217,299 offenders were incarcerated for drug-related offenses. Rahmawati (2021) observed that the drug war policy solely delineates the nature of the offense and the quantity of narcotics as criteria for punishment, neglecting other factors pertinent to the classification of the offender's role as a user, addict, or distributor of substantial amounts of narcotics.

Cullen et al. (2011) observed that emphasizing punitive incarceration incurs significantly higher costs compared to non-incarceration alternatives. In Indonesia, the state is obligated to pursue offenders through all phases, first with police investigations, followed by prosecution by the Prosecutor's Office, legal representation by advocates, trials conducted by the Supreme Court, and concluding with incarceration in correctional facilities. This article aims to examine the impact of Indonesia's narcotics law policies on victims of drug misuse, particularly those from vulnerable, impoverished communities. This article aims to offer proposals for alternative strategies or policies for drug users that emphasize the principle of human rights.