The Right to Rehabilitation for Drug Addicts: Between Legal Provisions and Practical Reality in Indonesia

Abstract

Indonesia has recognized narcotics-related crimes as extraordinarily serious crimes against humanity, thus requiring special, effective, and maximum enforcement measures. Efforts to tackle narcotics addiction demand appropriate policies and strategies to reduce the high rate of drug abuse in the country. Although Law Number 35 of 2009 on narcotics explicitly guarantees the right to rehabilitation for drug users for personal purposes (addicts), in practice, deviations still frequently occur. Therefore, the implementation of rehabilitation must be carried out consistently in accordance with the provisions of Articles 54, 103, and 127 of the Narcotics Law as well as Supreme Court Circular (SEMA) Number 4 of 2010, so that drug users can obtain optimal recovery and proper social reintegration, while also helping to alleviate the overcapacity burden in correctional facilities. This research employs a normative juridical approach. The data used in this study are secondary, obtained through a literature review. The results of the study are: (1) Although Law Number 35 of 2009 on narcotics explicitly guarantees the right to rehabilitation for drug users for personal use (addicts), there are still frequent instances of legal violations or misconduct by law enforcement officials in handling such cases, particularly involving individuals who use drugs for personal consumption. Non-compliance with these provisions by law enforcement has led to serious consequences, including new problems for the government—especially for the Directorate General of Corrections under the Ministry of Law and Human Rights—such as overcrowding in correctional institutions. (2) Ideally, the legal policy for individuals caught using narcotics for personal purposes should be to immediately place them in a rehabilitation center. During the judicial process until a verdict is issued, the individual should continue to receive care and treatment in the rehabilitation facility, in accordance with Articles 54 and 103 of the Narcotics Law and SEMA Number 4 of 2010.