1. Introduction: A Social Question That Demands an Answer
In Indonesia, narcotics are more than just illegal substances; they represent a multidimensional problem involving law, health, and human rights. Whenever the media reports that a drug user has been arrested, the same question arises: should they be imprisoned, or would it be better to send them to rehabilitation centers?
2. Law and Policy: The Dual Path of Jail and Rehabilitation
Law No. 35 of 2009 on Narcotics provides a dual response. On one hand, it criminalizes drug use; on the other, it mandates medical and social rehabilitation for users. In other words, the law does not entirely push users into prison but leaves open a path toward recovery.
This shift is not merely theoretical. In April 2025, reports highlighted that under the new Criminal Code (KUHP), the government is promoting “restorative justice”, ensuring that more drug users will be sent to rehabilitation centers instead of being incarcerated. It was noted that Indonesia’s prisons are designed for 140,000 inmates but currently hold over 270,000, more than half of whom are drug-related offenders. (Antara News, April 8, 2025)
3. Prison: Deterrence or a Vicious Cycle?
Proponents of imprisonment argue that jail has a deterrent effect and sends a strong message of “zero tolerance.” For those involved in trafficking or smuggling, imprisonment is indeed necessary.
But does jailing every drug user really solve the problem? In practice, many inmates can still access narcotics in prison, with some admitting that they “learned more about drug dealing inside jail.” Overcrowded conditions further erode the rehabilitative function of prisons, making incarceration for users a potentially counterproductive cycle.
4. Rehabilitation: Treating Users as Patients, Not Just Criminals
Rehabilitation offers a different path, treating drug use as a health issue rather than a crime. Rehabilitation centers provide medical treatment, counseling, vocational training, and social support to help users recover and reintegrate into society.
This approach has been reinforced by policy statements. In October 2025, the head of the National Narcotics Agency (BNN) emphasized that “drug users have the right to rehabilitation, not automatic imprisonment.” He stressed that rehabilitation is a pathway back to productivity, not jail. (Antara News, October 14, 2025)
Moreover, in May 2025, authorities confirmed that users who voluntarily report themselves for rehabilitation will not face prosecution. (INP Polri, May 2025)
5. A Real Case: How the Court Chose Rehabilitation
This shift is not only theoretical but also reflected in judicial practice.
Take the Troy Smith case in Bali in 2024. Smith, an Australian citizen, was found in possession of a small amount of methamphetamine. Initially charged with trafficking — which carries a life sentence — he was later reclassified as a user, not a trafficker. The court ultimately sentenced him to six months in a rehabilitation facility in Bali rather than prison. (Adelaide Now, 2024)
This case demonstrates that the “rehabilitation instead of prison” pathway is already being applied in Indonesia’s judicial system.
6. From Reality to Choice: A Delicate Balance
Indonesia stands at a crossroads. Public fear of drugs drives harsh measures, while overcrowded prisons force the government to find alternatives.
The most effective solution may be a differentiated approach: pure users should be directed to rehabilitation, while traffickers and smugglers should remain subject to imprisonment.
7. Conclusion: Finding Balance Between Law and Humanity
From a legal perspective, the core issue is how to balance punishment with humanity. Prison emphasizes deterrence, while rehabilitation emphasizes healing.
As the BNN has stated: “The state is not here to punish, but to help.” The future of Indonesia’s drug policy should therefore not be about simply “locking people up,” but about providing a smarter and more humane legal response.