ttorney General ST Burhanuddin issued new guidelines early this month that encourage prosecutors to prioritize rehabilitation, instead of imprisonment, for people arrested for drug offenses, in his bid to reduce overcrowding in prisons, where drug convicts account more than half of the nationwide inmate population.
The new guidelines regulate procedures to handle such cases, allowing heads of prosecutor's offices to "issue rehabilitation orders through a legal process" for drug users, victims of drug abuse and drug addicts. They should be "an end-user" and not involved in drug-trafficking networks to be eligible for rehabilitation.
The document says that “drug abuse victims” are those who involuntarily use drugs after being tricked, forced or threatened and that drug users eligible to be sent to rehabilitation centers, instead of jails, are those who had not previously been in rehabilitation programs more than twice.
But the guidelines, which took effect on Nov. 1, do not detail the type of "legal process" or whether or not the cases should continue to be brought to court.
According to a statement from the Attorney General’s Office (AGO), the guidelines were issued to help change the punitive attitude of prosecutors, the judiciary and law enforcement officers toward a restorative justice approach that centers on drug-treatment programs rather than punishment.
"The background for the issuance of the guidelines is that the current criminal justice system tends to be punitive, which is reflected in the number of inmates in prisons that exceed their capacity," AGO spokesperson Leonard Eben Ezer Simanjuntak said on Sunday, as reported by Kompas.id.
"And most of them are drug convicts."
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