Judge Calls For Drug Addicts to Be Rehabilitated

Jakarta Globe, Amir Tejo, August 22, 2013

An Indonesian soldier stands guard as inmates stand inside a burning room at
 the Labuhan Ruku penitentiary in Labuhan Ruku, North Sumatra on August 19, 2013.
(AFP Photo/Irwansyah Putra Nasution)

Surabaya. A senior judge in the Surabaya Court District has conceded judges are partly to blame for prison overcrowding, as rampant drug-related cases often lead to drug addicts being put behind bars instead of in rehabilitation centers.

“The penitentiaries have become full because of drug cases. Many judges continue to sentence drug addicts to prison time instead of rehabilitation, when in fact a prison sentence is no longer the solution for addicts,” said Suwidaya Abdullah, deputy chief of the Surabaya District Court.

He said judges are in a difficult position because police and prosecutors continue to charge offenders under articles 111 and 112 from the 2009 Law on Drugs, which carries a minimum of four years in prison.

“As judges we cannot sentence them with different charges from what the prosecutor has demanded,” Suwidaya said, adding that if a rehabilitation sentence is given, the public questions the decision.

Suwidaya said there needed to be some public education to allow people to recognize the difference between drug addicts, dealers and producers.

Addicts are considered victims by the law and are therefore required to undergo a rehabilitation process to rid themselves of the addiction, while dealers and producers get a mandatory jail sentence.

Rudhy Wedhasmara from Orbit, an institution focusing on harm reduction, said he appreciated the judges’ openness toward the option of a rehabilitation sentence for addicts.

“The ball is now in the hands of the National Police chief [Gen. Timur Pradopo]. Does he want to issue a ruling for the rehabilitation for addicts so they get charged with lesser offenses?” asked Rudhy.

Rudhy emphasized that the police had the final say as the attorney general has issued a warrant regarding the placement of drug addicts in medical rehabilitation, but there was a lack of awareness on the ground.

According to data from the East Java Justice and Human Rights Regional Office, there are at least 25 detention centers and penitentiaries prone to disorder because of overcapacity.

Indro Purwoko, head of the regional office, said the Medaeng Detention Center was in the worst condition, with 1,549 inmates being held in facility only built to accommodate 504 inmates.

“It is only guarded by 142 wardens. Clearly there is a recipe for future disturbances,” he said.

However, he said at least 10 other detention centers and prisons in East Java are not overpopulated.

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