Asmin Fransiska is a lecturer at the Law Faculty of Atma Jaya Catholic University in Indonesia and also serves as the Director of the Indonesian Center for Drug Research (ICDR). She specializes in drug law and human rights. Alongside civil society organizations, she advocates for the current draft drug law.

Background:
Despite changes in Indonesia's drug policy aimed at directing drug users to rehabilitation centers instead of prisons, drug offenses continue to cause prison overcrowding. This study initially examines 50,000 out of 150,000 cases of drug use or possession below the quantities defined by the Indonesian Supreme Court (ICDR, 2024). Over 60% of these cases involve drug use or small amounts of drug possession, contributing to prison overcrowding and human rights violations. Some women and children are involved in cases of small-scale drug use or cannabis use for personal reasons based on those findings. Therefore, the study focuses on women and children involved in drug offenses and highlights the inequalities and injustices resulting from the absence of human rights-based approaches.
Methodology:
The study uses quantitative and qualitative methods, collecting data from District Courts in 5 Indonesian cities. The study requires a minimum of 50 cases from 2020-2023. The case analysis and the judges' decisions use gender and children’s rights approaches.
Findings:
The study finds that many cases involve the imprisonment of children and females for personal drug use. This research examines the cases with an emphasis on fair trial procedures. It assesses whether judges' decisions are influenced solely by the type and quantity of drugs or whether they consider gender and the best interests of the child. The majority of female and child drug users face challenges in obtaining quality legal representation. Law enforcement's limited knowledge of gender perspectives and child protection hinders the application of guidelines related to children and women.
Conclusion:
Judges often impose severe penalties based on the war on drugs narrative. There's a lack of gender perspective and child protection in these cases. Law enforcement fails to provide fair trials and establish guilt beyond a reasonable doubt due to insufficient evidence and improper criminal procedures.