In an interesting move the Indonesian Supreme Court has issued a Circular that directs courts to place drug addicts and users into rehabilitation rather than sending them to prison. The rationale is that the Indonesian prison system is not conducive to the rehabilitation process and will likely result in recidivist behaviour in offenders and this is apparently not the objective of sending someone to prison.
I am all for second chances and rehabilitation.
Essentially, the Circular directs all Chief Judges at the High Court and District Court level to consider placing addicts and users into rehabilitation centres or other acceptable places and into programs such as detoxification (1 month), a primary program (6 months), and a Re-entry Program (6 months).
However, there are strict conditions on the ability for District and High Court judges to place addicts and users into a rehabilitation situation. These conditions include that the addict or user is caught red-handed and their "stash" does not exceed proscribed limits. These limits are:
1. heroin - 0.15 grams;
2. cocaine - 0.15 grams;
3. morphine - 0.15 grams;
4. marijuana - 1 joint or 0.05 grams;
5. ecstasy - 1 tablet;
6. crystal meth - 0.25 grams; and
7. other narcotic drugs in classes I through III and psychotropic drugs in classes I through IV.
It will also require a statement letter evidencing that the individual is in fact using and that the supporting evidence does not indicate that the individual is in fact a dealer or trafficker.
If the addict or user meets these conditions then it is likely that they will now get a slap on the wrist and sent to rehabilitation rather than go to jail.
The Circular is No. 07 of 2009 and is current as of 17 March 2009.
If anyone is interested in a copy of the Circular you could ask hukumonline.
Showing posts with label High Courts. Show all posts
Showing posts with label High Courts. Show all posts
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