Narcotics Law Urgently Needs Revision, Prioritizing Rehabilitation

South Tangerang – The current Narcotics Law is considered urgently in need of revision. Its spirit, which is still highly repressive and emphasizes imprisonment, is deemed irrelevant, especially for drug addicts who should receive rehabilitation.

This was conveyed by Halimah Humayrah Tuanaya, a Criminal Law Lecturer at the Faculty of Law, Pamulang University (July 16). "There needs to be a change to the Narcotics Law. The spirit of the current Narcotics Law is still very repressive, emphasizing imprisonment, even though many drug addicts actually need rehabilitation more than imprisonment," Halimah emphasized.

She highlighted the large number of drug users and addicts who end up in prison without receiving proper rehabilitation. Halimah further added that changes to the Narcotics Law are also needed to align with the spirit of the National Criminal Code (KUHP), which will come into effect on January 2, 2026. "The National KUHP emphasizes corrective justice, restorative justice, and rehabilitative justice," she explained.

Halimah explained that corrective justice aims to correct the behavior of perpetrators of crimes through sanctions that do not always involve severe criminal penalties but can also involve administrative sanctions. Meanwhile, restorative justice focuses on recovery for victims, a critique of conventional criminal law, which often focuses solely on the perpetrator. Finally, rehabilitative justice focuses on improving both the perpetrator and the victim. The perpetrator is given the opportunity to improve themselves, and the victim receives psychological and social support to reintegrate into society.

Regarding current drug law enforcement, Halimah believes that the focus remains heavily on arrest and imprisonment, especially for users, addicts, or small-time couriers. "However, large dealers are often difficult to reach. This raises public questions about the effectiveness of law enforcement in eradicating the root of the drug problem," she criticized.

In the process of revising the Narcotics Law, Halimah highlighted several key issues that require attention. The most important is a paradigm shift from a focus on criminalization to a focus on rehabilitation, in line with the 2026 National Criminal Code. "Furthermore, changes are needed to the main articles. The wording of the articles defining narcotics and how to handle their abusers, as outlined in Articles 111, 112, and 127," she added.

She emphasized that currently, there are frequent cases where drug abusers, those who use drugs solely for their own benefit, are charged under Article 112. However, Article 112 should be aimed at those who distribute or trafficker drugs. "As a result, people who should receive rehabilitation end up in prison. Therefore, this change is crucial to ensure fairer and more targeted legal action. A clear distinction is needed between addicts who need help and dealers who deserve severe punishment, so that law enforcement is more effective and humane," Halimah explained.

Responding to the fact that approximately 60 percent of prison and detention center in Indonesia are drug offenders, leading to overcrowding, Halimah offered her perspective on prevention. "Preventing drug abuse certainly requires a comprehensive approach that begins with massive and ongoing education from an early age within the family, school, and community," she said.

She also emphasized the importance of strengthening the role of families and communities as the first line of support, as well as facilitating access to rehabilitation as the primary option for addicts. "Furthermore, regarding the legal aspect, immediate changes to the Narcotics Law are needed. So that the spirit is no longer criminalization, but rehabilitation. If the defendant must be punished, then consideration should be given to implementing community service, as already recognized in the National Criminal Code, which will take effect on January 2, 2026," Halimah concluded.

As is known, the National Narcotics Agency (BNN) is urging accelerated completion of the revision of the Narcotics Law. BNN is an Indonesian non-structural institution whose job is to assist the mayor in coordinating regional apparatuses and government agencies in the Regency/City, coordinating relevant government agencies in formulating policies and implementing them in the field of P4GN availability and operations (prevention,eradication, abuse and illicit trafficking of narcotics).

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