End Overcrowding in Indonesian Prisons

Compare the above utterly ridiculous situation with other cells in the same detention facility. There are normally two types of cells, small and large. A small cell, nine square meters, should be occupied by 1-2 persons. More often, though, there are 3-5 persons. In the large cells, approximately 8x8 meters, there should be a maximum of 10 persons, but those cells are occupied by 20-30 persons.

The total number of prisoners in this particular detention facility is 1,172 - though the prison has a capacity of 500. This is appalling, but it is also normal for all detention centers and correctional facilities in Indonesia. As of 2008, the total numbers of prisoners/detainees are 130,420 persons while Indonesia's prison capacity is only 81,384 persons. A large percentage of those detained are charged with the crime of using drugs.

Responding to the overcapacity problem, President Yudhoyono has ordered an increase in the capacity of detention and correctional facilities. That means, building more detention/correctional facilities. However, if one looks at the numbers of criminal charges, building more facilities will not bring much improvement to the conditions inside. In order to reform Indonesia's correctional institutions, reduce overcapacity and make facilities more humane, there are a number of things we could do. One of these is to decriminalize drug use.

Criminalizing drug does not deter people from using drugs. Why do we make this sort of behavior a crime?

Drug addiction, like many other addictions, is an illness. People who use drugs need treatment instead of imprisonment. If someone who uses drug and is in addiction is detained by the police, her supply will be suddenly cut off. Detaining will not cure her; it will only make her condition worse. In Indonesia, the period of police detention is up to sixty days. And of course, sixty days in a police cell without a proper drug treatment does not result in a cure. Indonesia's lengthy legal process only prolongs the suffering.

The classic argument why we should criminalize drug use is that drug use is harmful and morally wrong behavior. And that is understandable. What is more, in Indonesia, the public still see drug users as sinners. However, we have to end this kind of moral debate. Research has proven that criminalizing drug use does not lower the number of people using drugs. Drug addiction is a disease, and we should provide more public information about the risk of drug use, instead of depicting drug users as sinners or worse, as demons.

Let's take a look at one Asian country which has a similar experience to Indonesia in the criminalization of drug users and resulting overcrowded correctional institutes: South Korea. According to Muhammad Mustofa, an expert in criminology from University of Indonesia, South Korea experienced a drastic reduction in the number of inmates after the state decriminalized drug use. Subsequent to decriminalization, South Korean prisons were no longer overcrowded. More space inside the cell means more humane and more hygienic conditions. If it can work in South Korea, it is worth a try in Indonesia.

Ricky Gunawan holds a law degree from the University of Indonesia. He is program director of the Community Legal Aid Institute, or LBH Masyarakat, based in Jakarta, Indonesia. The institute provides pro bono legal aid and human rights education for disadvantaged and marginalized people.