Imaginary War on.. Whaaat?????

Commemoration of the International Day against Drug Abuse and Illicit Trafficking is somehow controversial from the day it was declared, but the effort to reform the controversy and the previous failure is being done by the International community. However, it is not happening in Indonesia. As the one who loves this country and really look forward to seeing a better Indonesia, I’d like to write something about drug policy in Indonesia. I have to admit that despite the anger I have toward the policies, thank you so much because your dogma and stigmatization have leaded me to read something deeper and take a look at something with heart and fair mind. 

I was the one who bluntly said that “it does make sense how come we legalize substances in our law that are obviously harmful, with no benefit and potentially jeopardize the future of young generation” I thought that we are not allowed to let people consume drug freely. So, at the time, I thought that an ideal regulation on this is to make it illegal to distribute and of course to illegally consume those substances. The harsher punishment imposed, the safer our community would be, because people would be afraid to contact with substance, due to the fear of the punishment. My narrowed-mind simplified.  

But shit happens. People ask, then read, and the heart and mind energize. 

I didn’t realize that many factors lead people to take drugs. I have been seeing so many stories about this, and I experience it with my own. I know personally a single mom who took drugs to keep her up because she needs to work for more than 10 hours a day, and go back to her house at night, looking after her children and handling domestic chores, she will not make it all without any substance to keep her up. She does not have enough money to hire a maid, when the police know she consumes substances? She got caught. Ya, nobody even the law enforcement officer cares about what really leaded her to drugs. 

It is because of the failure and the uncertain drug policy in Indonesia. Normatively the law says that one of the objective of the current Narcotics Law is to assure medical and social rehabilitation is accessible for drug abuse and people with drug addiction. This objective was the thing that made this law unique, because of the previous narcotic law (Law Number 22/1997) did not accommodate this provision. Therefore, we may say that this current law was passed to support and not to criminalize people who use drugs.

But so sad, that the government has declared war on drugs double with stigmatization and hatred toward anything related to drugs. The idea to rehabilitate and support people who use drugs is not reflected under the current law when it comes to criminal provision. The law is failed to protect people who use drug from criminalization. The criminal provision in article 111 to article 126 criminalize every form of drug possession regardless the profile of people who use drug (whether it is under dependence or for personal use). It gets worse since the law does not care about the element of intention, when drugs are under your control you can be criminalized from minimum 4 years of imprisonment regardless your awareness. No wonder if the people are sent to jail is increased through years. 

Periode	People Who Use Drug sent to Jail	Comparison
December 2017	36.339	Increased by 7.692
December 2016	28.647	Increased by 2.317
December 2015	26.330	Increased by 2.279
December 2014	28.609	Increased by 2.509
December 2013	26.101

The number of people who use drug sent to jail in 2017 increased almost 3 times from 2016. This is the highest number for last 5 years. When you use drug, whether you are addict or not, you will be sent to jail. In jail? there is no rehabilitation program provided, because of our prisons are overcrowded. 

Zero tolerance towards drug use and continuous propaganda of war on drug has leaded people with addiction cannot access the safe drug at the time they need them to reduce the harm they suffer from, it gets super worse for people with addiction who is incarcerated in prison. 

The government lets criminals, gangster, mafia, and illicit market take control the distribution of drugs, even it is in prisons. 50% distribution of drugs is controlled from the prisons. How come a prison? So, It’s no doubt that  law enforcement officers in Indonesia actively involve supporting illicit market of drug. I have seen so many former inmates say that it was so easy for them to get drug in the prisons, the officers pretend like they don’t know, inmates can easily consume drug even sharing needles to each other. Of course, it does not happen without any illicit insentive! 

Therefore, when people who use drug are sent to jail, it is most likely become an addict since there is no rehabilitation program for them, overcrowding harms their basic need of life and health, and the saddest things is the officers let the criminals sell their drugs to people in prisons, and no one can guarantee that the drugs are not harmful (how come it’s harmless, since needle share is happening).

Dear government, you are the one who led me to drug, since you failed to provide me a pure and safe drug. You let the criminals trick me to buy drugs from them, and it leads me to harm and addiction. When I am addicted, what do you do? You send me to jail. In jail? There is no rehabilitation for me. You let me tricked by the criminals as well cause you let your officers bribed. I suffer more. When I die? You blame it on me or even my family, by saying "You a sinner, you knew taking a drug is a sin" 

Is it really a policy which will support people with addiction? I don’t know if this state agrees to help their people by letting them controlled by mafia and criminals. Or maybe “the state” itself who abusively use the harm suffered by its people for their imaginary war on..... whaaatt?????

Cause I never be

I have to admit that my blog would be just pile of things that I cant even describe what they really are. Sometimes I write on something that might be serious with data, analysis and argument regarding criminal law, but then I can write something that so chessy and ewuhh. I had a plan to separate my writings on things and things, but I think again, I am not kind of person, Yap it is also because if I am going to so serious what I write about I have a plenty of place out there. So, what is the point of having a blog if you can't just be free about what youre gonna write, rite??

I always believe that writing makes everything better, I always feel better after I write something. Sometimes I regret not to write something when I have to. So now, for the one who ever asked me, where is your writing about me, no, It is not the answer. I just spontaneously want to write, and unfortunately It's about you, and nothing more. The fact that you was mad at me cause you were upset I am prone to write about you while I am sad (in fact I dont really know) does not gonna change the fact that I write about you when I write about you. 

For the 2 recent days with our days off I have swamped myself with some movies about moving on. It was because there was a thread in twitter from a selebtwit and he explained about his recommendation on movies about broken heart, be okay and moving on. Suprisingly I have watched the first 5 movies he said on his thread. Voila, beacuse of it, hmmm I claim that "I am unconsciously love this kind of movies" So I watched the other movies he recommends on his thread. 

Hmmmm

Well, I have watched 2 movies so far.  It tickled me honestly since I just felt lost recently. Have you ever heard that I hate falling in love? Yap, I hate falling in love, sometimes, I believe that falling in love just makes you stupid, silly and forget what you're really going to do. Ups, you underestimate love, maidin, hahaha. No no no it is not that way. Ya, I sometime think so. But life so far with the "idup gini amat" moments and the movies I watched has taught me that nothing lasts forever.

With all the circumstance, you know, it's not because of our difference. I can get easily be mad at anything that I have no right to be mad at. My mind can be so unfair towards conduct of someone that have no right to be. Sometime, in the peak of my feeling I feel shame on my own self. Think again, that, I am going to write it is on me but It's not only on me. I mean, we've grown up, I am not going to play victim as I am the only one who started this and be miserable after that, no I am not. It is on us. Everything is going too far, but, so sad I am happy. Can I just say that you're happy too? But at least I have a refrence to claim it, yaaa sometime you say that you're happy, and hmhmhmhm you're happy I am with you. Kira-kita begitchuuuu. 

I used to think that, what the hell you're doing, maidin. You're gonna miserable and left behind after this, and all you are going to say is "hahahah told ya, you pay the price" well, nothing lasts forever by the way. Even if I know someday I'll be soooooo sad, be miserable and left behind, it would not be forever. At least I have proved that! my life has been so good, when I'm upset at things, Allah gives me something from the others.  

I'm just going to fair with everything, even if it's with my mind. Yaaa maybe I am going to be judged. But I am okay, nothing lasts forever, even if the others' judgment toward me. hmmmm no-one really cares about me anyways, lol.  Be worried about things is just a sign of a weak soul. I am not gonna be weak, cause I never be. 

Extreme Overcrowding in Indonesia and 'They' Almost Do Nothing but Jokingly Tweet to Support Caning

It is no doubt that prisons in Indonesia face the problem of overcrowding. Data from Correctional Directorate of the ministry of Law and Human Rights confirms that Per May 2018, prison in Indonesia is crowded by 201%. The number of prison population in Indonesia never shows a sign for reduction for the last 5 years.

Year	Detainees and Inmates	Prison Capacity
December 2013	160.063	113.150
December 2014	163.404	116.868
December 2015	176.754	121.871
December 2016	204.550	121.871
December 2017	232.081	123.997
May 2018	249.602	124.162

Based on the 2017 report of Correctional Directorate of the ministry of Law and Human Rights which was presented to Commision III on Law, Human Rights and Security in the house of representative on January 25th 2018 confirmed that throughout 2017, Indonesia has 161.401 people sentenced to imprisonment, while the number of people under supervised by Bapas (or Probation Board in Indonesia) was only 46.605 people. Based on this, we can conclude that In Indonesia Imprisonment is almost 5 times preferred to use than the others alternative to imprisonment. (this comparison prones to be higher, as 46.605 is included people who has served his prison sentences and has their conditional released).

World Prison Brief and UNODC have classified some catagories for prison overcrowding. There are 3 categories for prison overcrowding, 1) Overcrowding for 100% occupancy rate 2) Critical Overcrowding for above 120% occupancy rate 3) Extreme Overcrwoding for above 150% occupancy rate. The occupancy rate is prison population compared to prison capacity. Therefore, overcrowding situation in Indonesia has been in the most crucial stage, Extreme Overcrowding. It is obvious that Indonesia through the government and the house of representative need to do something to respond this. There are a lot things happened throughout 2017 related to prison. At least there were 6 prison riots in Indonesia throughout 2017, 3 prison riots in Prison Class II Jambi alone in January, March and September 2017 The occupancy rate in Prison Class II Jambi was 336%, and the problems that leaded to riots was crucial, it was only bacause of basic needs of the inmates such as water, meals and physical interaction. Other cases was prison escape, there were at least 30 prison escape in 2017, in which only 4 cases from prison with no overcrowding situation. 

It is really curcial to think on how to overcome this problem. The government and the house need to do something, moreover the governemnt and the house is currently in the deliberation if new bill of penal code, which they always say this effort is to reform the criminal law in Indonesia through the penal code that is never be amended since 100 years ago.

If we take a look on background paper of new bill of penal code which was proposed by the government, the idea to support alternative to imprisonment was once raised. Page 176 of the background paper said that the altenative to imprisonment needs to improved as the aim of sentencing is already shifted from deterrence to restorative. "Alternative to imprisonment is needed to reduce the destructive effect of imprisonment" therefore, it is good if we look at this background.

Unfortunately, we can not rely on the background paper, as it is the law that will regulate it all. And so sad, unfortunately the draft of new bill of penal code seems does not support the good intention of its background paper. Alternative to imprisonment written in draft of new penal code are only three, 1) supervision punishment, 2) community services and 3) intermittent sentence. All the three prones to be so hard to implement since it requires some conditions to apply (however the discussion of those conditions in the government and the house is never accountable).

The first draft of new bill of penal code (2015) said that supervison punishment was applicable for all the crimes which impose punishment no higher than 7 years imprisoment. The number of 7 years was from the academics workshop in 1986 that determined 7 years as the threshold to classify serious crimes. For community services, it was only applicable for the crimes that judge sentenced the offender for no higher than 6 months imprisonment. Our research concluded that it was only 59 crimes (2,17%) that can be sentenced to community service (as there were so many crimes with minimum setences in the 1st draft of new bill of penal code). And for the intermittent sentence was only applicable if judge sentenced the offender to no more than 12 months imprisonment. Our intial research has confirmed that out of 1251 crimes, 92% crimes was imposed with imprisonment. Therefore, the first draft of new bill of penal code did not really support the idea to scrap the destructive effect of imprisonment. 


It gets worse in the deliberation process. Throughout the discussion, in the latest draft (per May 2018) of the conditions for the application of alternative to imprisonment is stricter. For supervision punishment is only applicable for the crimes with maximum 5 years imprisonment as the punishment, for the community services and intermittent sentence, the condition is added, not only judged has to punish the offender with no higher than 6 months imprisonment for community services and no higher than 1 year imprisonment for intermittent sentence, but also they are applicable only for crimes with maximum 5 years imprisonment as the punishment. So that, the number of crimes can be punished with those alternative to imprisonment is lesser. It becomes worse since, we never know what is the reason for this change, was it based on an empirical research, or did they previously evaluate the implementation of current probation in Indonesia? We never know. It is questionable whether the goverment and the house really take a look on this or not.


We also criticize that the number of alternative to imprisonment offered by the draft is too little, only 3, meanwhile United Nations Standard Minimum Rules for Non-custodial Measures/ Tokyo Rules recommends at least 11 forms of Alternatives to Imprisonment, and also the combination of the 11 are allowed. The National Alliance for the Reformation of Penal Code has proposed at least 20 forms of alternative to imprisonment. The Alliance submitted a truly comprehensive documment of the alternative draft of certain articles in the draft, including the material on altenative to imprisonment. We highlighted that alternative to imprisonment is highly needed, as we see extreme overcrowding is here, we spend around Rp 1.270.643.475.000 or more than $100.000 for the meal of inmates a year. We really need the government and the house to take a look seriously on this!

And Voila!!

Today, one of the member of working committee for the discussion of new bill of penal code tweeted mentioning the president whether they have to formulate various alternative to imprisonment. He highlighted the overcrowding phenomenon. His next tweet said, "What if (name his party) recommends caning just like Qanun Jinayah (islamic criminal law) in Aceh as one of the altenative of imprisonment?"

Dont really know it was joking or not, but to support caning which obviously violates the human rights --as  it is consider as torture and states, organizations the UN have condemned it (through the 2017 UPR) even your own government through the ministry of internal affairs already confirm that caning violates some laws in Indonesia-- in the time your team in the house and the government is failed to do something on alternative to imprisonment is not that wise.