Rehabilitation Or Punishment: The Dilemma Of Law Enforcement Against Drug Users In Indonesia

Abstract

Law enforcement regarding drug users in Indonesia still faces a dilemma between punitive and rehabilitative approaches. This study aims to analyze the legal status of drug users under Indonesian positive law as well as the challenges in implementing a decriminalization approach through an integrated assessment mechanism. The method used is empirical legal research with a descriptive-analytical nature, combining a normative study of legislation with field facts through observation, interviews, and document analysis. The research approach includes legislative, case, and comparative approaches, while data analysis is conducted qualitatively using deductive reasoning. The research findings indicate that drug users in Indonesia’s positive law occupy an ambiguous position—that of both offenders and victims in need of rehabilitation. Although Law No. 35 of 2009 on Narcotics has opened avenues for medical and social rehabilitation, its implementation has not been optimal because law enforcement officials still tend to adopt a repressive approach. The lack of clarity in decriminalization regulations leaves drug users vulnerable to criminal prosecution, leading to overcrowding in correctional facilities and low effectiveness of rehabilitation. Therefore, a reformulation of legal policy is needed that is more decisive, proportional, humane, and grounded in a health-based and human rights-centered approach.