Reformulating Narcotics Control Policy for Self-Users: Humanist Approach in Indonesian Law, Netherlands, and Portugal

Abstract

This study seeks to develop more equitable regulations for the treatment of personal drug misuse situations in Indonesia, with an emphasis on a humanist perspective and restorative justice. The study methodology employs a statutory normative legal approach, concentrating on a critical assessment of Articles 111–127 of Law Number 35 of 2009 concerning narcotics. Another aspect of this study is a comparison of drug policies in nations that have effectively decriminalized and mandated rehabilitation, such as the Netherlands and Portugal. Compared to Indonesia's repressive approach, which is often ineffective and worsens the social conditions of addicted individuals, a more compassionate approach that prioritizes rehabilitation has demonstrated greater effectiveness in reducing the negative impacts of drug abuse. To lessen the load on the criminal justice system and to build a more equitable and inclusive society, this study proposes legislation change that is more focused on social rehabilitation and reintegration.