Rehabilitation of Narcotics Addicts as an Alternative to Criminal Sentencing From the Perspective of Law Number 35 of 2009 and Efforts to Overcome Overcrowding in Correctional Institutions in Indonesia

Abstract

Drug abuse is a complex issue that not only relates to public health but also has broad implications for the criminal justice system, particularly in the management of correctional institutions. In Indonesia, the high rate of arrests and imprisonment for narcotics-related offenses, including drug users and addicts, has resulted in severe prison overcrowding. This condition is exacerbated by law enforcement practices that still prioritize imprisonment, despite Law Number 35 of 2009 on Narcotics explicitly mandating medical and social rehabilitation for drug addicts and victims of drug abuse. This article examines the policy of rehabilitating drug addicts as an alternative to criminal sentencing and its relevance in addressing prison overcrowding. The research employs a normative juridical method using statutory, conceptual, and historical approaches. The findings reveal a significant gap between normative regulation and practical implementation, causing rehabilitation to be underutilized. Strengthening rehabilitation policies is therefore essential to achieve a more just, humane, and public-safety-oriented criminal justice system.