Antara, Jakarta – Chief Legal Affairs Minister Yusril Ihza Mahendra has proposed changes to the Narcotics Law, advocating for rehabilitation rather than imprisonment for drug users.
Speaking at an event in Jakarta on Wednesday, Yusril called for a new approach that views drug users as victims of illegal narcotics distribution rather than as criminals.
"We hope to see changes to the Narcotics Law," Yusril said. "Drug users should no longer be punished but rehabilitated, as they are victims of these crimes." He argued that prioritizing rehabilitation programs for drug users would help alleviate overcrowding in the country's prisons, which are currently operating well above capacity.
"This approach could drastically reduce the number of inmates," he added.
Yusril also stressed the importance of creating structured procedures for rehabilitating drug users, including the introduction of specialized educational programs for this purpose.
"Perhaps we need to develop new fields of study focused on rehabilitating drug users. This is something to consider for the future," he suggested.
The minister's proposal aligns with Indonesia's broader legal overhaul under the new Criminal Code (KUHP), set to be implemented in January 2026. The new code is designed to promote restorative justice and rehabilitation rather than punitive measures inherited from the colonial era.
"President Prabowo Subianto has underlined the importance of reforming law and human rights, not only in legal norms but also in the capacity of law enforcement officers and infrastructure," Yusril said.
President Prabowo plans to grant amnesty to approximately 44,000 inmates, with Justice Minister Supratman Andi Agtas revealing that about 39,000 are drug offenders, mostly classified as users.
He added that the list of inmates proposed for amnesty would be announced transparently and submitted to parliament for approval.
Under Indonesia's current Narcotics Law No. 35 of 2009, the penalty for drug users varies depending on the type and quantity of drugs, as well as whether the person is considered a user, dealer, or trafficker.
Drug users caught with small amounts of narcotics for personal use in Indonesia can face up to 4 years in prison or, in some cases, be sent to mandatory rehabilitation if deemed victims of drug abuse, a decision left to the discretion of law enforcement, prosecutors, or judges.
For possession of larger quantities, penalties depend on the drug category. Category I drugs, such as heroin, cocaine, methamphetamine, and marijuana, carry sentences of up to 12 years in prison and fines of up to Rp 8 billion. Possession of Category II and III drugs, including controlled prescription substances, is punishable by 5-10 years in prison and fines ranging from Rp 1 billion to Rp 5 billion.