IDUNET STATEMENT
Rejecting the Judicial Review of Police Regulation No. 8 of 2021
We, the Indonesian Drug Users Network (IDUNET), firmly state:
1. We reject and strongly object to any attempt to include narcotics issues in the judicial review of Police Regulation No. 8 of 2021 concerning Restorative Justice.
2. Police Regulation No. 8 of 2021 has absolutely no direct connection to narcotics policy. Linking the two is a distorted issue that will only obscure the true direction of the struggle for narcotics policy reform.
3. The attempt to make narcotics issues the subject of a judicial review of this Police Regulation is wrong, misleading, and counterproductive. Rather than strengthening the struggle, this actually weakens the narcotics policy reform movement being championed by civil society and affected communities.
4. IDUNET strongly rejects any form of manipulation of narcotics issues for irrelevant legal interests. We will not remain silent if our struggle is used without a clear direction.
5. Our struggle remains focused: reforming repressive drug policies, rejecting the criminalization of users, and championing a health- and human rights-based approach.
No compromise. No room for obfuscation.
Jakarta, September 26, 2025
INDONESIAN DRUG USERS NETWORK (IDUNET)
WAN Traga Duvan Baros
Chief Executive
The Basis for Rejecting the Judicial Review of Police Regulation No. 8 of 2021
Introduction
The Judicial Review (JR) of Police Regulation (Perpol) Number 8 of 2021 on the Handling of Criminal Acts Based on Restorative Justice is currently being proposed by several parties. IDUNET firmly rejects this move, as it lacks a clear legal basis, is irrelevant to the agenda of narcotics policy reform, and has the potential to undermine the struggle for the decriminalization of narcotics users in Indonesia.
1) STATUS OF Perpol No.8 of 2021
Perpol 8/2021 is not substantive criminal law, but rather procedural/administrative law that regulates how the police may settle criminal cases through the mechanism of Restorative Justice (RJ).
It is not general criminal law (KUHP), nor is it special criminal law (lex specialis, such as the Narcotics Law or the Anti-Corruption Law).
Therefore, Perpol 8/2021 only applies to minor general crimes and cannot be applied to special crimes (narcotics, corruption, terrorism, etc.).
2) Irrelevance to narcotics law reform
Law No. 35 of 2009 on Narcotics does not regulate reconciliation mechanisms or RJ.
Forcing a JR of Perpol 8/2021 would, in fact, imply that narcotics crimes are subject to general criminal procedure law, whereas they are lex specialis in nature.
This step contradicts IDUNET’s vision of promoting decriminalization and reform of the Narcotics Law, instead of reinforcing criminalization.
3) Absence of contradiction as legal basis
A JR may only be pursued if there is a conflict with a higher-ranking law (lex superior derogat legi inferiori).
Up to now, no article in Perpol 8/2021 has been proven to contradict the KUHAP (Criminal Procedure Code), the Narcotics Law, or the Police Law.
Without clear evidence of such conflict, the JR becomes nothing more than a futile legal maneuver.
4) Weak Legal Standing
An applicant for JR must demonstrate legal standing or direct harm caused by Perpol 8/2021.
In the context of narcotics policy advocacy, no direct harm can be shown.
On the contrary, this Perpol benefits the general public by opening avenues for the resolution of minor criminal cases outside of court.
5) Negative impact on advocacy
If the JR is rejected by the Supreme Court, Perpol 8/2021 will remain in force, and that rejection will serve as political legitimacy for law enforcement agencies.
This would force civil society movements, including IDUNET, to shift advocacy strategies and lose focus on the primary goal: reforming the Narcotics Law and ending the criminalization of narcotics users.
In other words, this JR causes more strategic harm than benefit.
Conclusion
Based on the above explanation, IDUNET considers that the Judicial Review of Perpol No. 8 of 2021 has no legal basis, is irrelevant to narcotics policy reform, and has the potential to hinder the struggle for decriminalization.
Therefore, IDUNET firmly rejects the JR of Perpol No. 8 of 2021.
Closing
This rejection is not merely a stance, but part of a broader strategy to ensure that our struggle remains focused: abolishing criminalization, reforming the Narcotics Law, and upholding human rights for narcotics users in Indonesia.
Respect!
WAN Traga Duvan Baros
Executive Chair of IDUNET