Reforming Indonesia’s Drug Sentencing Law: Normative, Comparative and Restorative Justice Perspectives

Abstract

Indonesia’s drug policy, as codified in Law No. 35 of 2009 and Law No. 1 of 2023 Penal Code (KUHP), remains largely punitive, emphasizing long-term imprisonment and capital punishment, even for low-level drug offenders. Although Articles 54 and 127 provide for rehabilitation, their implementation is inconsistent and heavily reliant on law enforcement discretion, contributing to chronic prison overcrowding without effectively reducing drug circulation. This article examines Indonesia’s drug sentencing framework from three perspectives: (1) a normative legal analysis of statutory provisions and judicial practices; (2) a comparative study of Southeast Asian jurisdictions such as Malaysia, Singapore, Thailand, and Vietnam, which are increasingly adopting rehabilitative and decriminalisation approaches; and (3) a restorative justice perspective, assessing alignment with principles of proportionality, reintegration, and human dignity. The findings reveal that Indonesia’s criminal justice system still prioritises retributive over health-oriented and rights-based models. While diversion mechanisms exist, they remain underutilised. In contrast, neighbouring countries have introduced significant reforms: Malaysia has abolished mandatory death penalties, Thailand has decriminalised minor drug use, and Singapore has expanded diversion programmes. This article advocates for comprehensive legal reform to integrate restorative justice principles, enhance judicial diversion, expand non-custodial alternatives, and align drug policy with international human rights and public health standards.