By Ricky Gunawan

Up through 2009, Indonesia suffered a tremendous blow from the so-called
“judicial mafia”, the corrupt network that controls the criminal justice
system. Every sector of Indonesia’s legal system has been paralyzed by this
judicial mafia. It is made up of middlemen who, for a fee, can broker deals
between police, prosecutors and judges. In a late response to this dismal
situation, in late 2009 President
Susilo Bambang Yudhoyono established a task force to “eradicate the
judicial mafia in the first 100 days” of his administration.

Last week, the task force conducted a surprise visit to Pondok Bambu
Detention Facility, Jakarta. This visit revealed shocking – yet, to those in
the know, all too predictable — findings. Arthalyta Suryani, a high-class
criminal convicted of bribery, is imprisoned
in luxurious conditions. Her “cell” is an 8×8 meter room with a refrigerator,
flat TV with home theatre, air conditioner, and other facilities such as dining
tables, maids and a Blackberry.

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 8×8 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.