Sriwijaya Law Review
Volume 9 Issue 2, July 2025

The Principle of Proportionality in Drug Control Policy in the Philippines and Indonesia

Asmak ul Hosnah (Faculty of Law, Pakuan University, Indonesia)
Weldy Jevis (Faculty of Law, Pakuan University, Indonesia)
Jufel D. Fernandez (College of Criminal Justice Education, Guimaras State University, Philippines)



Article Info

Publish Date
31 Jul 2025

Abstract

The war on drugs has become a global concern, particularly in Southeast Asia, where drug-related crimes are considered a serious threat to national and international security. Two cases that will be discussed relate to the anti-drug campaigns in the Philippines and Indonesia, both of which have attracted attention due to their controversial law enforcement methods. This study aims to compare the application of the principle of proportionality in drug law enforcement in both countries, focusing on whether the actions taken align with international human rights standards. This research employs a juridical-comparative method, analysing legal policies, government policies, and human rights-related case facts from both countries. In the Philippines, the campaign under President Duterte's administration raised significant concerns regarding extrajudicial killings and the excessive use of power, which deviates from the principle of proportional enforcement. In contrast, Indonesia adopts a more judicial approach, although it still faces criticism for harsh verdicts and the implementation of the death penalty. The findings will reveal significant differences in how the principle of proportionality is interpreted and applied, influenced by political will, law, and institutional accountability. While both countries claim to uphold the rule of law, the level of adherence to the principle of proportionality varies greatly. This study concludes that a balanced and human rights-based approach is essential for sustainable and ethical enforcement of drug policy in Southeast Asia.

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Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...