to Indonesian
a. That in order to bring people of Indonesia prosperous, fair and wealthy, and evenly materially and spiritually based on Pancasila and the Constitution of the Republic of Indonesia year 1945, the quality of Indonesian human resources as one of the national development capital, need to be maintained and improved continuously, including the health status;
b. That in order to improve the health status of Indonesian human resources in order to achieve the people's welfare is necessary to increase efforts in the field of medical and health care, one of the ways is to fulfil the availability of certain types of narcotics that is needed as a medicine, as well as the prevention and eradication of danger of Narcotics and Narcotics Precursor abuse and illicit traffic;
c. On one side Narcotics is a medicine or useful materials efforts in the field of medical and health care, also for the development of science, but on the other side Narcotics can also cause dependency that is very detrimental if abused or used without strict control and closely monitoring;
d. That the import, export, produce, plant, store, distribute, and/or using narcotics without strict control, closely monitoring, and contrary to the laws and regulations is a criminal offense of Narcotics, because it is very harmful and is a great danger to human life, society, nation, state and the national security;
e. That the crime of Narcotics already is transnational, which conducted using a high modus operandi, advanced technology, supported by a wide network of organizations, and have caused many casualties, especially among the young generation, which the impact is very dangerous to human life, society, nation, and the state, therefore Law No. 22/1997 on Narcotics is no longer appropriate to the situation and conditions that evolve to overcome and eradicate such crime;
f. Based on the considerations referred to in letters a, b, c, d, and e, it is necessary to form the Law on Narcotics;
1. Article 5 paragraph (1) and Article 20 of the Constitution of the Republic of Indonesia year 1945;
2. Law No. 8/1976, on the ratification of the Single Convention on Narcotic Drugs 1961 and its Protocol of 1972 which changing it (Statute Book of 1976 No. 36, Supplement to Statute Book No. 3085);
3. Law No. 7/1997 on Ratification of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and psychotropic Substances, 1988 (Statute Book of 1997 No. 17, Supplement to Statute Book No. 3673);
LAW ON NARCOTICS.
In this Law referred to as:
1. Narcotics are substances or drugs derived from plants or non-plants, either synthetic or semi-synthetic, which can cause degradation or alteration of consciousness, loss of taste, reduce or eliminate the pain, and can lead to dependence, which is divided into categories as attached in this Law.
2. Narcotics Precursor is a substance or a starting material or chemicals that can be used in the manufacture of narcotics that are distinguished in the table as attached to this Law.
3. Production is an activity or process of setting up, processing, and producing Narcotics directly or indirectly by extraction or non-extraction from natural sources or synthetic chemical or combination thereof, including the repacking and/or changing the form of Narcotics.
4. Imports are activities of entering the Narcotics and Narcotics Precursor to Customs Areas.
5. Exports are activities of taking out the Narcotics and Narcotics Precursor, from the Customs Areas.
6. Illicit traffic of Narcotics and Narcotics Precursor is an activity or series of activities implemented without right or against the law, and defined as a crime of Narcotics and Narcotics Precursor.
7. The Import Approval Letter is a letter of approval for the import of Narcotics and Narcotics Precursor.
8. The Export Approval Letter is a letter of approval for the export of Narcotics and Narcotics Precursor.
9. Transporting is an activity or series activities of moving the Narcotics from one location to another by way of, modes, or any transportation facilities.
10. Pharmaceutical Wholesaler is a legal entity that has the permission to conduct the procurement, storage and distribution of pharmaceuticals, including the narcotics and medical devices.
11. Pharmaceutical Industry is a legal entity that has permission to perform the production and distribution of drugs and drug substance, including the narcotics.
12. Narcotics Transit, are transporting narcotics from the one country to another through a quick stop in the territory of the Republic of Indonesia that contained the customs office with or without changing transportation facilities.
13. Narcotics addicts, are people using or abusing Narcotics and in a state of dependence on Narcotics, both physically and psychologically.
14. Narcotics Addiction is a condition characterized by the urge to use it continuously Narcotics with increasing doses so that produce the same effect, and if the use is reduced and/or stopped suddenly, will cause a typical physical and psychological symptom.
15. Abusers are people who use Narcotics without rights or against the law.
16. Medical Rehabilitation are a process of integrated medical activities to free junkies from the Narcotic addiction.
17. Social Rehabilitation is a process of integrated recovery activities, physically, mentally and socially, so that the former Narcotic addict can re-implement a social function in society.
18. Evil conspiracy, was an act of two or more persons conspire or agree to do, execute, support, participate and perform, ordering, encouraging, facilitating, consulting, and become a member of Narcotics criminal organization, or organizing a Narcotics offence.
19. Tapping, mean any activity or series of activities inquiry or investigation by intercepting conversations, messages, information, and/or communication networks, which are conducted by telephone and/or any other electronic communication devices.
20. Organized crime, is a crime committed by a structured group consisting of 3 (three) or more persons, that have been there for a certain time and act together with the purpose of committing a Narcotics offence.
21. A corporation is an organized group of persons and/or property either is a legal or non-legal entity.
22. Minister is the minister who held government affairs in the field of health.
Law on Narcotics based on Pancasila and the Constitution of the Republic of Indonesia year 1945.
Law on Narcotics held based on the principle:
a. Justice;
b. Guardianship;
c. Humanity;
d. Order;
e. Protection;
f. Security;
g. Scientific values, and
h. Legal certainty.
Law on Narcotics has the objective to:
a. Ensure the availability of Narcotics for the purpose of health and/or the development of science and technology;
b. Prevent, protect and save the people of Indonesia from the abuse of Narcotics;
c. Eradicate illicit traffic of Narcotics and Narcotics Precursor, and
d. Ensure the regulation of the medical and social rehabilitation efforts for abusers and Narcotics addicts.
The Narcotics setting in this Law covers all forms of activities and/or an actions relating to Narcotics and Narcotics Precursor.
(1) Narcotics referred to in Article 5 are classified into:
(2) Classification of Narcotics as referred to in paragraph (1) for the first time established as set out in Annex I and is an integral part of the this Law.
(3) The provisions for Narcotics classification changes referred to in paragraph (2) shall be regulated by the Minister.
Narcotics can only be used for the benefit of health and/or the development of science and technology.
(1) Narcotics Category 1 is forbidden for the benefit of healthcare.
(2) In a limited quantity, Narcotics Category I may be used for the benefit of the development of science and technology and for diagnostic reagents and laboratory reagents after getting approval from the Minister upon the recommendation of the Head of The National Agency of Drug and Food Control.
(1) The Minister shall ensure the availability of Narcotics for the purpose of health care and/or for the development of science and technology.
(2) For the purposes of the availability of Narcotics referred to in paragraph (1), The Narcotics Annual Needs Plan drafted.
(3) The Narcotics Annual Needs Plan referred to in paragraph (2), have been prepared based on the data recording and reporting, planning and realization of annual production which audited comprehensively, and become a guideline to the procurement, control, and monitoring of Narcotics nationally.
(4) Further provisions regarding the preparation of The Narcotics Annual Needs Plan regulated by Regulation of the Minister
(1) Narcotics for domestic needs, derived from imports, domestic production, and/or other sources based on the Narcotics Annual Needs Plan referred to in Article 9 paragraph (3).
(2) Further provisions regarding The Narcotics Annual Needs Plan referred to in Article 9, the availability of Narcotics in the country referred to in paragraph (1) shall be regulated by the Minister.
(1) The minister gave special permission to produce Narcotic for the certain Pharmaceutical Industry, which already has a license in accordance with the provisions of the legislation, and after being audit by the National Agency of Drug and Food Control.
(2) Ministers perform control over Narcotic production in accordance with The Narcotics Annual Needs Plan referred to in Article 9.
(3) The National Agency of Drug and Food Control monitoring the raw materials, production processes, and the result of the production of Narcotic in accordance The Narcotics Annual Needs Plan referred to in Article 9.
(4) Further provisions on the procedure for licensing and control as referred to in paragraph (1) and paragraph (2) shall be regulated by the Minister.
(5) Further provisions regarding monitoring procedures referred to in paragraph (3) are regulated by the Head of the National Agency of Drug and Food Control.
(1) Narcotic Category I is prohibited to be produced and/or used in the production process, except in very limited quantities for the benefit of the development of science and technology.
(2) The Monitoring of the Narcotic Category I production for the benefit of the development of science and technology, as referred to in paragraph (1) shall be strictly by the National Agency of Drug and Food Control.
(3) Further provisions regarding procedures for the production and/or use in production, with a very limited quantities for the benefit of the development of science and technology referred to in paragraph (1) shall be regulated by the Minister.
(1) Science Institution in the form of education and training institutions as well as research and development, organized by the government or the private sector can acquire, cultivate, store, and use the narcotics, for the benefit of science and technology after obtaining permission from the Minister.
(2) Further provisions regarding the requirements and procedures to obtain permission to use narcotics, as referred to in paragraph (1) shall be regulated by the Minister.
(1) Narcotics that are in control of the pharmaceutical industry, pharmaceutical wholesalers, government pharmaceutical storage facilities, pharmacies, hospitals, community health centre, clinics, doctors, and scientific institutions must be kept in particular.
(2) Pharmaceutical Industry, pharmaceutical wholesalers, government pharmaceutical storage facilities, pharmacies, hospitals, community health centres, clinics, doctors, and scientific institutions shall create, submit, and store the periodic reports regarding the passage of the Narcotics that are within their control.
(3) Further provisions concerning the procedures for storage specifically referred to in paragraph (1) and about the time period, form, content, and reporting procedures referred to in paragraph (2) shall be regulated by the Minister.
(4) Any violation of the provisions about storing referred to in paragraph (1) and/or the provision of reporting referred to in paragraph (2), be subject to administrative sanctions by the Minister, on the recommendation of the Head of the National Agency of Drug and Food Control in the form of:
(1) The Minister gave license to 1 (one) state-owned pharmaceutical wholesaler company which has been licensed as an importer in accordance with the provisions of laws and regulations to implement the import of Narcotics.
(2) In certain circumstances, the Minister may grant a license to other companies, besides state-owned enterprises as referred to in paragraph (1), which has a license as an importer in accordance with the provisions of laws and regulations to implement the import of Narcotics.
(1) Narcotics Importers, must have the Import Approval from the Minister, for the each import of the Narcotics.
(2) Narcotics Import Approval referred to in paragraph (1) is given based on the results of an audit by the Head of The National Agency of Drug and Food Control based on the needs plan and the realization of the production and/or use of Narcotics.
(3) Import Approval of Narcotics Category I within very limited quantities can only be given for the benefit of the development of science and technology.
(4) Import Approval referred to in paragraph (1) shall be submitted to the government of the exporting country.
The import of narcotics conducted based on the approval from the government of the exporting country, and those approvals stated in a legal document in accordance with the provisions of laws and regulations in the exporting country.
(1) The Minister gave license to 1 (one) company state-owned pharmaceutical wholesaler which has been licensed as an exporter in accordance with the provisions of laws and regulations to implement the export of Narcotics.
(2) In certain circumstances, the Minister may grant a license to other companies, besides state-owned enterprises as referred to in paragraph (1), which has a license as an exporter in accordance with the provisions of laws and regulations to implement the export of Narcotics.
(1) Narcotics Exporters, must have the Export Approval from the Minister, for the each export of the Narcotics.
(2) To obtain the Narcotics Export Approval referred to in paragraph (1), the applicant must attach an approval letter from the importing country.
The export of narcotics conducted based on the approval from the government of the importing country, and those approvals stated in a legal document in accordance with the provisions of laws and regulations in the importing country.
Import and export of the Narcotics and the Narcotics Precursor only conducted through certain customs area, which was opened to foreign trade.
Further provisions regarding requirements and procedures for obtaining Import and Export Approval letter regulated by the Minister.
Provisions of laws and regulations concerning the transport of goods still apply to the transport of the Narcotics, unless otherwise stipulated in this Law or regulated later by the provisions of this Law.
(1) Every transport of the Narcotics import, must be completed by documents or legitimate exports approval letter of Narcotics, in accordance with the provisions of legislation in the exporting country and the Narcotics Import Approval issued by the Minister.
(2) Every transport of the Narcotics export, must be completed by the Narcotics Export Approval issued by the Minister, and a document or the Narcotics import approval letter, which is valid according to the provisions of laws and regulations in the importing country.
The carrier of the narcotics import that entered the territory of the Republic of Indonesia, shall have and be responsible for the completeness of the Import Approval Letter from the Minister and legitimate document or exports approval letter of Narcotics in accordance with the provisions of laws and regulations in the exporting country.
(1) The Narcotics Exporter shall provide the Narcotics Export Approval Letter from the Minister and legitimate document or Narcotics Import Approval letter accordance with the laws and regulations in the importing country to the person in charge of the export carrier company,
(2) The person in charge of the export carrier company shall provide the Narcotics Export Approval Letter from the Minister and legitimate document or Narcotics Import Approval letter accordance with the laws and regulations in the importing country to the person in charge of the export carrier.
(3) The person in charge of the export carrier shall have and be responsible for the completeness of the Import Approval Letter from the Minister and legitimate document or exports approval letter of Narcotics in accordance with the provisions of laws and regulations in the importing country.
(1) The Narcotics which transported must be stored on the first occasion in special packaging or in a safe place in the ship, sealed by the captain and witnessed by the sender.
(2) The captain made an official report on the Narcotics cargo being transported.
(3) The captain within a period of 1 (one) x 24 (twenty-four) hours after arriving at the port of destination shall report Narcotics loaded on his ship to the head of the local customs office.
(4) Unloading the Narcotics cargo made at the first occasion by the captain and witnessed by customs officials.
(5) The captain who knows the existence of the Narcotic without a documents Export or Import Approval within the ship, shall make an official report, take security precautions, and on the first transit port, immediately report and hand over the Narcotics to the authorities.
The provisions referred to in Article 27 shall also apply to the captain pilot of air transport.
(1) The Narcotics Transit must be equipped by legitimate document or exports approval letter of Narcotics from the exporting country and also a legitimate document or exports approval letter of Narcotics from the importing country in accordance with laws and regulations that apply in the exporting and importing countries.
(2) The document or exports approval letter of Narcotics from the government of the exporting country and the document or imports approval letter of Narcotics referred to in paragraph (1) shall at least contain the following information:
Any changes in the Narcotics export destination country in the Narcotics Transition can only be made after the approval of:
a. The governments of the Narcotics exporting country;
b. The governments of the Narcotics importing country and
c. The government of the changing export destination country.
Repacking the Narcotics, on the Narcotics Transition can only be made against the original packaging narcotics that were damaged and must be performed under the monitoring of Customs and Excise officer and from the National Agency of Drug and Food Control.
Further provisions regarding the Narcotics Transit activities regulated by the Government Regulations.
Government conduct examination of completeness of the import and export document and/or the Narcotics Transit.
(1) The Narcotics Importer, in examining the imported the Narcotics witnessed by the National Agency of Drug and Food Control and shall report the results to the Minister no later than 3 (three) working days from the receipt of the imported Narcotics in the company.
(2) Based on the results of the report referred to in paragraph (1), the Minister expressed the reception results of the imported Narcotics to the government of the exporting country.
The circulation of the Narcotics includes an activity or series of distribution activities or delivery activities of narcotics, both in order to trade or non-trade, or the transfer for the benefit of the health service and the development of science and technology.
(1) The Narcotics in the form of medicines can only be released after obtaining authorization from the Minister.
(2) Further provisions regarding the terms and licensing procedures for the circulation of the Narcotics in the form of medicines referred to in paragraph (1) shall be regulated by the Minister.
(3) In order to obtain authorization from the Minister, the Narcotics in the form of medicines referred to in paragraph (1) must go through the registration on the National Agency of Drug and Food Control.
(4) Further provisions regarding the terms and procedures for the registration the Narcotics in the form of medicines referred to in paragraph (3) is regulated by the Head of the National Agency of Drug and Food Control.
The Narcotics Category II and Category III in the form of raw materials, both natural and synthetic, which are used for the production of medicine regulated by the Minister.
Every circulation activity of narcotics must be completed with legal documents.
(1) The Narcotics can only be distributed by the Pharmaceutical Industry, pharmaceutical wholesalers and government pharmaceutical storage facilities in accordance with the provisions of this Law.
(2) Pharmaceutical Industry, pharmaceutical wholesalers and government pharmaceutical storage facilities referred to in paragraph (1) must have special permission of the Narcotics distribution from the Minister.
(1) Certain Pharmaceutical Industry, can only distribute the Narcotics to:
(2) Certain pharmaceutical wholesaler, can only distribute the Narcotics to:
(3) Certain government pharmaceutical storage facilities can only distribute the Narcotics to:
The Narcotics Category I can only distribute by certain pharmaceutical wholesalers to a certain scientific institution for the benefit of science and technology.
Further provisions regarding requirements and procedures for the distribution of the Narcotics regulated by the Minister.
(1) Delivery of Narcotics can only be done by:
(2) Pharmacies can only deliver the Narcotics to:
(3) Hospitals, pharmacies, community health centres, and clinics can only deliver the Narcotics to patients by prescription.
(4) Delivery of Narcotics by doctors only be implemented for:
(5) Narcotics in the form of injections in a certain amount delivered by the doctor referred to in paragraph (4) can only be obtained at a pharmacy.
The Minister shall regulate further provisions regarding requirements and procedures for the delivery of Narcotics referred to in Article 43.
(1) Pharmaceutical Industry must include a label on the packaging of narcotics, either in the form of medicines and raw materials of Narcotics.
(2) The label on the packaging Narcotics referred to in paragraph (1) may take the form of writing, pictures, a combination of text and images, or other forms that are included on the packaging or put into the packaging, attached, or is part of the container and/or packaging.
(3) Any information contained in the label on the packaging of Narcotics must be complete and perceptible.
Narcotics can only be published in the scientific medicine printed media or pharmaceutical science printed media.
Further provisions regarding requirements and procedures for labelling and publications referred to in Article 45 and the Minister shall regulate Article 46.
Setting precursor in this Law aims:
a. Protect the public from the dangers of Narcotics Precursor abuse;
b. Preventing and eradicating illicit traffic of Narcotics Precursor: and
c. Prevent leakage and diversion of Narcotics Precursor.
(1) Narcotics Precursor referred to in Article 5 has been classified as Precursor Table I and Precursor Table II in Annex in this Law.
(2) Classification of Narcotics Precursor referred to in paragraph (1) for the first definition as contained in Annex II and is an integral part of this Law.
(3) The provisions of the Narcotics Precursor classification changes referred to in paragraph (2) shall be regulated by the Minister after coordinating with the relevant ministers.
(1) Government draft the Narcotics Precursor Annual Needs Plan for the benefit of the pharmaceutical industry, non-pharmaceutical industry, and science and technology.
(2) Annual Needs Plan referred to in paragraph (1) is based on the amount of inventory, the estimated needs, and the use of Narcotics Precursor nationally.
(3) Further provisions regarding the requirements and procedures for the preparation of the Narcotics Precursor Annual Needs Plan referred to in paragraph (1) and paragraph (2) shall be regulated by the Minister after coordinating with the relevant ministers.
(1) Procurement of Narcotics Precursor through production and imports.
(2) Procurement of Narcotics Precursor referred to in paragraph (1) may only be used for purposes of pharmaceutical, non-pharmaceutical industry, and science and technology.
Provisions regarding the requirements and procedures for the production, imports, exports, the Government Regulation regulates distribution, recording and reporting, as well as Narcotics Precursor control.
(1) For the purposes of treatment and based on medical indications, doctors can provide Narcotics Category II or Category III in limited quantities and specific dosage to patients in accordance with the provisions of laws and regulations.
(2) Patients referred to in paragraph (1) may possess, store, and/or carry narcotics for himself.
(3) Patients referred to in paragraph (2) must have legal proof that the narcotics were possessed, stored, and/or brought to use legally acquired in accordance with the provisions of legislation.
Narcotics addicts and victims of abuse of Narcotics shall undergo medical rehabilitation and social rehabilitation.
(1) The parent or guardian from the Narcotics Addicts are not old enough shall report to the community health centre, hospitals, and/or medical rehabilitation institutions and social rehabilitation which appointed by the Government to obtain the treatment and/or rehabilitation care through medical and social rehabilitation.
(2) Narcotics addicts who are old enough are required to report themselves or reported by family to the community health centre, hospitals, and/or medical rehabilitation institutions and social rehabilitation which appointed by the Government to obtain the treatment and/or rehabilitation care through medical and social rehabilitation.
(3) Provisions concerning the reporting obligation referred to in paragraph (1) and paragraph (2) shall be regulated by a Government Regulation.
(1) Medical Rehabilitation of Narcotics Addicts performed at hospitals designated by the Minister.
(2) A certain rehabilitation institution that was held by government agencies or communities can perform medical rehabilitation for Narcotics addicts after obtaining the approval of the Minister.
Other than through the treatment and/or medical rehabilitation, healing Narcotics Addicts can be held by a government institution or society through religious and traditional approaches.
Social rehabilitation of former Narcotics addicts held both by the government and by society.
(1) The provisions referred to in Article 56 and Article 57 shall be regulated by the Minister.
(2) The provisions referred to in Article 58 shall be regulated by the minister who held government affairs in the social field.
(1) The Government provides guidance for all activities related to Narcotics.
(2) Guidance referred to in paragraph (1) include efforts to:
(1) Government monitoring the every activity related to Narcotics.
(2) Supervision as referred to in paragraph (1) include:
Further provisions as referred to in the guidance and supervision of Article 60 as referred to in Article 61 of Government Regulations.
The government is working to cooperate with other countries and/or international bodies bilaterally and multilaterally, both regionally and internationally in order to develop and supervision of Narcotics and Narcotics Precursor accordance with national interests.
(1) In order to prevent and eradicate abuse and illicit traffic of Narcotics and Narcotics Precursor, by this law established the National Narcotics Agency, hereinafter referred to as the BNN.
(2) BNN referred to in paragraph (1) is an incorporated government agencies under the President and responsible to the President.
(1) BNN domiciled in the state capital with a working area covers the whole territory of the Republic of Indonesia.
(2) BNN referred to in subsection (1) has a representation in the provincial and district/city.
(3) BNN province located in the provincial capital and BNN districts/cities located in the district/city.
BNN provincial and BNN districts/cities as referred to in Article 65 paragraph (3) is a vertical institutions.
(1) BNN was led by a Head and assisted by a principal secretary and several deputies.
(2) Deputy referred to in paragraph (1) shall be responsible for:
a. prevention sector;
b. eradication sector;
c. rehabilitation sector;
d. law and cooperation sector, and
e. community development sector.
(3) Further provisions on the structure of the organization and functioning of the BNN regulated by Presidential Decree.
(1) Head of BNN is appointed and dismissed by the President.
(2) The Conditions and procedures for the appointment and dismissal of the Head of BNN as referred to in paragraph (1) shall be regulated by Presidential Decree.
To be able to proposed to be the Head of BNN, a candidate must fulfil the following requirements:
a. citizens of the Republic of Indonesia;
b. devoted to God Almighty;
c. physically and mentally healthy;
d. lowest degree in strata 1 (one);
e. Experienced minimum of 5 (five) years in law enforcement and minimum of 2 (two) years in the eradication of narcotics;
f. the highest age 56 (fifty six) years;
g. competent, honest, have high moral integrity, and have a good reputation;
h. has never committed a disgraceful act;
i. not a political party officials, and
j. willing to let go of structural position and/or title during served as Head of BNN.
The BNN has duties:
a. formulate and implement a national policy on the prevention and eradicate abuse and illicit of Narcotics and Narcotics Precursor;
b. prevent and eradicate abuse and illicit of Narcotics and Narcotics Precursor;
c. coordination with the Head of National Police of the Republic of Indonesia in the prevention and eradicate abuse and illicit of Narcotics and Narcotics Precursor;
d. increase the capacity of medical rehabilitation and social rehabilitation of addicts Narcotics, both organized by the government and society;
e. empowering the communities in the prevention of abuse and illicit of Narcotics and Narcotics Precursor;
f. monitoring, directing, and increase community activities, in the prevention of abuse and illicit of Narcotics and Narcotics Precursor;
g. conduct bilateral and multilateral cooperation, both regionally and internationally, in order to prevent and eradicate the illicit traffic of Narcotics and Narcotics Precursor;
h. develop laboratory of Narcotics and Narcotics Precursor;
i. implementing administrative inquiries and investigations against the abuse and illicit affair of Narcotics and Narcotics Precursor, and
j. makes an annual report on the implementation of the duties and authority.
In performing duties eradicating abuse and illicit of Narcotics and Narcotics Precursor, The BNN authorized to conduct inquiries and investigations of abuse and illicit of Narcotics and of Narcotics Precursor.
(1) The authority referred to in Article 71 conducted by The BNN investigator.
(2) The BNN Investigators referred to in paragraph (1) shall be appointed and dismissed by the Head of The BNN.
(3) Further provisions regarding the requirements and procedures for the appointment and dismissal of The BNN investigator referred to in paragraph (2) is regulated by the Head of The BNN.
Investigation, prosecution and examination in the trial of abuse and illicit of Narcotics and Narcotics Precursor conducted based on laws and regulations, unless otherwise stipulated in this law.
(1) Case of abuse and the illicit traffic of Narcotics and Narcotics Precursor, include cases that take precedence over the other cases to be submitted to the court for the completion as soon as possible.
(2) The criminal act proceedings of Narcotics and Narcotics Precursor crime offense on the first appeal, second appeal, review, and execution of the death penalty, as well as the process of granting clemency, the implementation must be accelerated in accordance with the laws and regulations.
In order to conduct an investigation, the BNN investigator authorized to:
a. conduct an investigation into the correctness of the report and other information concerning existence of abuse and illicit of Narcotics and of Narcotics Precursor;
b. examine a person or the corporation which allegedly committed abuse and illicit of Narcotics and of Narcotics Precursor;
c. calling the people to be heard as a witness;
d. stopping people who allegedly committed abuse and illicit of Narcotics and of Narcotics Precursor and examine ID suspect;
e. examine, searched and seized evidence in the criminal act abuse and illicit of Narcotics and of Narcotics Precursor;
f. check the mail and/or other documents concerning abuse and illicit of Narcotics and of Narcotics Precursor;
g. arrest and detain person who allegedly committed abuse and illicit of Narcotics and of Narcotics Precursor;
h. Conduct interdiction against the illicit traffic of Narcotics and of Narcotics Precursor in all areas of national jurisdiction;
i. Wiretapping related to the abuse and illicit of Narcotics and of Narcotics Precursor following sufficient initial evidence;
j. Conduct disguised purchase investigative techniques and submission under the supervision;
k. Destroy the Narcotics and the Narcotics Precursor;
l. Urine tests, blood tests, hair tests, dioksiribonukleat acid (DNA) test, and/or other body part test;
m. Fingerprinting and photographing suspects;
n. Perform a scan upon people and goods, animals, and plants;
o. Open and inspect any shipment by post and other communication tools which suspected of having relations with the abuse and the illicit traffic of Narcotics and the Narcotics Precursor;
p. Taking sealing action against the Narcotics and Narcotics Precursor were confiscated;
q. Conduct laboratory tests on the samples and evidence of Narcotics and the Narcotics Precursor;
r. Asked expert assistance as required relating to the duties of investigation the abuse and the illicit traffic of Narcotics and the Narcotics Precursor, and
s. To stop the investigation, if there is not enough evidence of the alleged abuse and illicit the Narcotics and the Narcotics Precursor.
(1) The authority to arrest, as referred to in Article 75 letter g shall not exceed 3 (three) x 24 (twenty-four) hours starting from the investigator receive an arrest warrant letter
(2) Arrest as referred to in paragraph (1) can be extended a maximum 3 (three) x 24 (twenty-four) hours.
(1) Tapping as referred to in Article 75 letter i conducted after there is a sufficient preliminary evidence, and shall not exceed 3 (three) months starting from the investigator receive a wiretap letter
(2) Wiretapping as referred to in paragraph (1) only conducted by a written permission of the head of the court.
(3) Wiretapping referred to in paragraph (1) may be extended for 1 (once) on the same time.
(4) The procedure for wiretapping conducted in accordance with the provisions of laws and regulations.
(1) Within an emergency that investigators have to conduct wiretapping, wiretapping can be done without the written permission of the head of court.
(2) Within a period of 1 (one) x 24 (twenty-four) hours the Investigator shall request writing permission to the head of district court regarding the wiretapping referred to in paragraph (1).
Disguised purchase investigative techniques and submission under supervision referred to in Article 75 letter j conducted by the investigators based on written orders from the leaders.
The BNN the Investigator referred to in Article 75, also authorized to:
a. directly submit the case file, suspects, and evidence, including the confiscated assets to the public prosecutor;
b. Ordered the bank or other financial institutions to block accounts, allegedly from the results of abuse and illicit the Narcotics and the Narcotics Precursor, which is owned the suspect or other related parties;
c. To obtain information from the bank or other financial institution, about the financial condition of the suspect which being examined;
d. to received information from the Centre for Financial Transaction Reports and Analysis related to the abuse and illicit the Narcotics and the Narcotics Precursor;
e. asked directly to the relevant authorities to ban someone travelling abroad;
f. request wealth data and taxation data of the suspects, to the relevant agencies;
g. temporarily suspend a financial transaction, trade, and other agreements or temporary revoke permits, licenses, and concessions made or owned by a suspect which is under investigation, allegedly based on sufficient preliminary evidence to the abuse and the illicit traffic of Narcotics and the Narcotics Precursor, and
h. requested assistance from Interpol Indonesia, or other state law enforcement agency, to conduct a search, arrest, and seizure of evidence overseas
The Indonesian National Police Investigator, and the BNN investigators, has the authority to investigate the abuse and illicit Narcotics and Narcotics Precursor based on this Law.
(1) A certain civil servants Investigators as stipulated in the Law on Criminal Procedure Code, has the authority to conduct investigation of criminal abuse of Narcotics and Narcotics Precursor.
(2) a certain civil servants Investigators, as referred to in paragraph (1) is an investigator in the ministries or government agencies whose scope of duties and responsibilities in the field of Narcotics and Narcotics Precursor authorized to:
Investigators can work together to prevent and eradicate abuse and illicit Narcotics and Narcotics Precursor.
In conducting investigations into abuse and illicit Narcotics and Narcotics Precursor, the Indonesian National Police investigator shall notify in writing the commencement of the investigation to the investigator the BNN and vice versa.
In conducting investigation on the abuse of Narcotics and Narcotics Precursor, certain civil servants investigators coordinate with the investigator or investigators BNN Indonesian Police in accordance with the Law on the Criminal Procedure.
(1) Investigators can obtain evidence other than those referred in the Law on Criminal Proceedings.
(2) Evidence referred to in paragraph (1) are:
(1) the Indonesian National Police investigator or the BNN investigators confiscate Narcotics and Narcotics Precursor, or is suspected Narcotics and Narcotics Precursor, or containing Narcotics and Narcotics Precursor, shall conduct sealing and make an official report on confistication in the same day, which at least contains:
(2) (2) Investigators as referred to in paragraph (1) shall notify confiscation of his mission to the local head of the state prosecutor within the period of 3 (three) x 24 (twenty-four) hours since conducted confiscation and also to the head of the Local State Court, Minister and Head of the National Agency of Drug and Food Control
(1) certain civil servants Investigators which perform the Narcotics and Narcotics Precursor confiscation shall prepare official report and submit the confiscated goods to the Indonesian National Police investigator or the BNN investigators within a period of 3 (three) x 24 (twenty-four) hours after confiscation, and a copy of the official report submitted to the head of the local state prosecutor, head of the local court, Minister and Head of the National Agency of Drug and Food Control.
(2) Submission of confiscated goods referred to in paragraph (1) can be done within a period of 14 (fourteen) days when it comes to areas that are difficult to reach because of geographic or transportation.
(1) Investigators as referred to in Article 87 and Article 88 are responsible for the storage and security of confiscated goods that are under its control.
(2) Further provisions regarding the requirements and procedures for the storage, protection, and supervision of Narcotics and Narcotics Precursor seized as referred to in paragraph (1) shall be regulated by a Government Regulation.
(1) For the purposes of investigation, prosecution and examination in the trial court, the Indonesian National Police investigator, the BNN investigator, and civil investigators set aside a small portion of confiscated goods of Narcotics and of Narcotics Precursor to be sampled for particular laboratory tests and implemented within maximum 3 (three) x 24 (twenty-four) hours, since the confiscation conducted.
(2) Further provisions regarding the requirements and procedures for collection and testing of samples in a particular laboratory is regulated by the Government Regulation.
(1) head of the local state prosecutor after receiving notification about confiscation of Narcotics and of Narcotics Precursor from the Indonesian National Police investigator or investigators BNN, within a period of 7 (seven) days shall determine the status of the goods of confiscated of Narcotics and of Narcotics Precursor, whether for the benefit of evidence cases, the interests of the development of science and technology, the importance of education and training, and/or destroyed.
(2) Goods of confiscated of Narcotics and of Narcotics Precursor, which are in storage and protection of investigator which had been determined to be destroyed, shall be destroyed within a period of 7 (seven) days after receiving the destruction stipulation from the head of the local state prosecutor.
(3) Investigator shall makes an official report of destruction in a maximum of 1 (one) x 24 (twenty-four) hours since the destruction was conducted and submit official report to the Indonesian National Police investigator or the BNN investigators and the copy of the official report submitted to the head of local state prosecutor, the head of the local court, Minister and Head of the National Agency of Drug and Food Control.
(4) In certain circumstances, the time limit of destruction as described in paragraph (2) may be extended for 1 (one) time for the same period.
(5) Destruction of confiscated goods as referred to in paragraph (2) shall be conducted under the provisions of Article 75 letter k.
(6) Goods of confiscated for the benefit of the development of science and technology delivered to the Minister, and for the purposes of education and training delivered to the Head of the BNN and Head of the Indonesian National Police within a period of 5 (five) days after receiving stipulation from the head of the local the state prosecutor.
(7) Head of the BNN and the Head of the Indonesian National Police as referred to in paragraph (6) submit a report to the Minister on usage of confiscated goods for the purposes of education and training.
(1) the Indonesian National Police Investigator and the BNN investigators shall destroy the Narcotics plants were found within a period of 2 (two) x 24 (twenty four) hours from when it was discovered, after a small portion set aside for the purpose of investigation, prosecution, trial examination, and can be set aside for the benefit of the development of science and technology, as well as for education and training.
(2) For Narcotics plants because the amount and areas that are difficult to reach because of the geographic or transportation, destruction conducted within a period of 14 (fourteen) days.
(3) The Destruction and set aside process of the Narcotics plants referred to in paragraph (1), conducted by making official report which at least include:
(4) A small plant the Narcotics that is not destroyed as referred to in paragraph (1) is stored by the investigator for the benefit of cases evidence.
(5) A small plant the Narcotics that is not destroyed as referred to in paragraph (1) is stored by the Minister and the National Agency of Drug and Food Control for the benefit of the development of science and technology.
(6) A small plant the Narcotics that is not destroyed as referred to in paragraph (1) is stored by the BNN for education and training.
Besides for the benefit referred to in Article 90, Article 91, and Article 92 a small portion of Narcotics or Narcotics plants were confiscated can be sent to another country suspected as the origin of the Narcotics or Narcotics plant, for laboratory tests in order disclosure of the origin of the Narcotics or Narcotics plants, and circulation networking, based on agreements between countries or based on the principle of reciprocity.
Further provisions regarding the requirements and procedures for the submission and destruction of confiscated goods as referred to in Article 91 and Article 92 of regulated by Government Regulation.
The process of investigation, prosecution and examination in the trial court did not delay or hinder the delivery of the goods of confiscated in accordance with the time limit referred to in Article 90 and Article 91.
(1) If based on court decisions that has gained permanent legal, it is proven that the confiscated goods have been destroyed in accordance with the provisions of Article 91 is obtained or possessed legitimately, to the owner of the goods are concerned be compensated by the Government.
(2) The amount of compensation referred to in paragraph (1) shall be determined by the court.
For the purpose of investigation or examination at trial, the suspect or defendant shall provide information on all assets and property of the wife, husband, son, and any person or corporation that knew or suspected of having relationships with criminal offenses of Narcotics and of Narcotics Precursor conducted by the suspect or defendant.
The judge has the authority to ask the defendant to prove that all assets and property of the wife, husband, son, and any person or corporation, not from the proceeds of crime of Narcotics and of Narcotics Precursor, committed by the defendant.
(1) At the trial, witnesses and others are concerned with the criminal case of Narcotics and Narcotics Precursor currently in investigation, it is forbidden to mention the name and address of the complainant or the things that gives the possibility to be able to know the identity of the complainant.
(2) Before the trial opened, the judge warned the witness and others who are concerned with the criminal case of Narcotics and Narcotics Precursor, not to doing a prohibited act referred to in paragraph (1).
(1) The witness, complainant, investigator, prosecutor, and judge who examine criminal cases of Narcotics and Narcotics Precursor and their families shall be protected by the state from threats that endanger their lives and/or property, before, either during or after the case investigation.
(2) Further provisions on the procedure for The Protection by the state, as referred to in paragraph (1) shall be regulated by a Government Regulation.
(1) Narcotics, Narcotics Precursor, and equipment or goods used in the crime Narcotics and Narcotics Precursor or concerning the Narcotics and Narcotics Precursor and the result is declared confiscated for the state.
(2) In the case of equipment or goods confiscated as referred to in paragraph (1) are belong a third party acting in good faith, the owner may file an objection of the confiscation to the court are concerned within a period of 14 (fourteen) days after the announcement of the court decision at the first level.
(3) All wealth or property that is the proceeds of Narcotics and Narcotics Precursor crime and Narcotics and Narcotics Precursor money laundering offenses based on court decisions that have obtained permanent legal force confiscated for the state and used for following purposes:
(4) Further provisions on the procedure for the use of the possession, or assets acquired from proceeds of crime as referred to in paragraph (3) shall be regulated by a Government Regulation.
Confiscation of assets referred to in Article 101 can be made on the request of other countries based on agreements between countries.
(1) The judge who examined the case of Narcotics Addicts, may:
(2) The period of treatment and/or care for Narcotics addicts as described in paragraph (1) letter a is calculated as the time serving his sentence.
Communities have the widest possible opportunity to contribute and help the prevention and eradication of abuse and illicit Narcotics and Narcotics Precursor.
Communities have a right and responsibility in preventing and eradication abuse and illicit Narcotics and Narcotics Precursor.
community Rights in preventing and eradication abuse and illicit Narcotics and Narcotics Precursor manifested in the form of:
a. seek, obtain and provide information regarding the alleged criminal acts of Narcotics and Narcotics Precursor has occurred;
b. obtain service in finding, obtaining, and provide information on an alleged criminal acts of Narcotics and of Narcotics Precursor has occurred, to the law enforcement authorities or the BNN, that handles criminal acts cases of Narcotics and of Narcotics Precursor;
c. submit suggestions and opinions in a responsible manner to the law enforcement authorities or the BNN, that handles criminal acts cases of Narcotics and of Narcotics Precursor;
d. obtain answers to the question about the report, that has been provided to the law enforcement officers or the BNN;
e. obtain legal protection during is concerned exercise their rights or be present in court proceedings.
Communities can report to the authorities or the BNN, if aware of any abuse or illicit of Narcotics and of Narcotics Precursor.
(1) The role of the community as referred to in Article 104, Article 105, and Article 106 can be formed in a container that is coordinated by the BNN.
(2) The provisions referred to in paragraph (1) are regulated by the Head of the BNN.
The government gave awards to law enforcement officers and the community that has been instrumental in efforts to prevent and eradication abuse and illicit of Narcotics and Narcotics Precursor.
The award referred to in Article 109 conducted in accordance with the provisions of legislation.
(1) Any person that without right or against the law planting, maintain, possess, store, control, or provide Narcotics Category I in the form of plants, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of the act to plant, maintain, possess, store, control, or provide Narcotics Category I in the form of plants referred to in paragraph (1), has a weight more than 1 (one) kilogram or more than 5 (five) trees, the offender shall be punished with imprisonment for life or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law possess, store, control, or provide Narcotics Category I which is not a plant, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of the act to possess, store, control, or provider of Narcotics Category I which is not a plant referred to in paragraph (1), has a weight more than 5 (five) grams, the offender shall be punished with imprisonment for life or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law produce, import, export, or distribute Narcotics Category I, shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a minimum fine of Rp 1.000.000.000,00 (one billion rupiah) and a maximum of Rp 10.000.000.000,00 (ten billion rupiah).
(2) In the case of the act to produce, import, export, or distribute Narcotics Category I as referred to in paragraph (1) in the form of plants weighing more than 1 (one) kilogram or more than 5 (five) trees, or in the form of no plant weight exceeds 5 (five) grams, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law offering to be sold, selling, buying, receiving, brokered in the sale and purchase, exchange, or give the Narcotics Category I, shall be punished with imprisonment for life or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and fined of at least Rp 1.000.000.000,00 (one billion rupiah) and a maximum of Rp 10.000.000.000,00 (ten billion rupiah).
(2) In the case of the act offered to be sold, selling, purchased, brokered in the sale and purchase, exchange, deliver, or accept the Narcotics Category I as referred to in paragraph (1) that in the form of plant weighing more than 1 (one) kilogram or more than 5 (five) trees, or in the form of no plant weighed five (5) grams, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 6 (six) years and a maximum of 20 (twenty) years, and the maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law carrying, transfer, transport, or transit the Narcotics Category I, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine of Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of the act brought, transfer, transport, or transit the Narcotics Category I as referred to in paragraph (1) in the form plant weighing more than 1 (one) kilogram or more than 5 (five) trees weighing more than 5 (five) gram, the offender shall be punished with imprisonment for life or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law using the Narcotics Category I against others or give the Narcotics Category I to be used by another person, shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and criminal minimum fine Rp 1.000.000.000,00 (one billion rupiah) and maximum Rp 10.000.000.000,00 (ten billion rupiah).
(2) In the case of narcotic use against others or giving the Narcotics Category I to be used by another person referred to in paragraph (1) resulted in the death of another person or permanent disability, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law possess, store, control, or provide the Narcotics Category II, shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and a minimum fine of Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
(2) In the case of the act having, store, control, providing Narcotics Category II referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen ) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law produce, import, export, or distribute the Narcotics Category II, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine of Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of the act to produce, import, export, or distribute the Narcotics Category II referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law offering to be sold, selling, buying, receiving, brokered in the sale and purchase, exchange, or deliver the Narcotics category II, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and fined of at least Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of the act offered to be sold, sell, purchase, receive, be an intermediary in sale and purchase, exchange, or deliver the Narcotics Category II referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law carrying, transfer, transport, or transit the Narcotics Category II, shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and a minimum fine of Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
(2) In the case of the act brought, transfer, transport, or transit the Narcotics Category II referred to in paragraph (1) weight exceeding five (5) grams of the offender shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law using the Narcotics Category II against others or give the Narcotics Category II to be used by another person, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and criminal minimum fine Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
(2) In the case of usage the Narcotics against others or giving the Narcotics of category II to be used another person referred to in paragraph (1) resulted in the death of another person or permanent disability, the offender shall be punished with death, imprisonment for life, or minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law possess, store, control, or provide the Narcotics Category III, shall be punished with minimum imprisonment of 2 (two) years and a maximum of 7 (seven) years and a minimum fine of Rp 400.000.000,00 (four hundred million rupiah) and maximum Rp 3.000.000.000,00 (three billion rupiah).
(2) In the case of the act having, store, control, providing the Narcotics Category III as referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law produce, import, export, or distribute the Narcotics Category III shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and a minimum fine of Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
(2) In the case of the act to produce, import, export, or distribute the Narcotics Category III as referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (five twelve) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law offering to be sold, selling, buying, receiving, brokered in the sale and purchase, exchange, or deliver the Narcotics Category III shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and fined of at least Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
(2) In the case of the act offered to be sold, sell, purchase, receive, be an intermediary in sale and purchase, exchange, or deliver the Narcotics of category III as referred to in paragraph (1) weighing more than 5 (five) grams, the offender shall be punished with imprisonment minimum of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law carrying, transfer, transport, or transit the Narcotics of category III, shall be punished with minimum imprisonment of 2 (two) years and a maximum of 7 (seven) years and fined at least Rp 400.000.000,00 (four hundred million rupiah) and maximum Rp 3.000.000.000,00 (three billion rupiah).
(2) In the case of the act brought, transfer, transport, or transit the Narcotics of category III as referred to in paragraph (1) weight exceeding five (5) grams of the offender shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Any person that without right or against the law using the Narcotics of category III against others or give the Narcotics of category III to be used of others, shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and fined at least Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
(2) In the case of usage the Narcotics against others or giving the Narcotics of category III to be used another person referred to in paragraph (1) resulted in the death of another person or permanent disability, the offender shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and a maximum fined referred to in paragraph (1) plus 1/3 (one third).
(1) Every abusers:
(2) In deciding the case referred to in paragraph (1), the judge shall also consider the provisions of Article 54, Article 55, and Article 103.
(3) In the case of abusers referred to in paragraph (1) may be proven or proved to be a victim of abuse narcotics, the abusers shall undergo medical rehabilitation and social rehabilitation.
(1) The parent or guardian of Narcotics Addicts are not old enough, as referred to in Article 55 paragraph (1) that intentionally fail to report, shall be punished with imprisonment for a maximum of 6 (six) months or a fine of 1,000,000,00 (one million rupiah).
(2) Narcotics addicts are not old enough and have been reported by a parent or guardian as referred to in Article 55 paragraph (1) not been sentenced.
(3) Narcotics addicts that are old enough as referred to in Article 55 paragraph (2) are currently undergoing medical rehabilitation 2 (two) times the period of medical treatment in the hospital and/or medical rehabilitation institutions designated by the government was not sentenced.
(4) The hospital and/or medical rehabilitation institutions referred to in paragraph (3) must meet the health standards set by the Minister.
Shall be punished with imprisonment of 4 (four) years and a maximum of 20 (twenty) years and a maximum fine Rp 5.000.000.000,00 (five billion rupiah) every person without rights or against the law:
a. possess, store, control, or providing Narcotics Precursor, for the manufacture of Narcotics;
b. produce, import, export, or distribute Narcotics precursor for the manufacture of Narcotics;
c. offering for sale, selling, buying, receiving, brokered in the sale and purchase, exchange, or deliver Narcotics Precursor, for the manufacture of Narcotics;
d. carrying, transfer, transport, or transit Narcotics Precursor for the manufacture Narcotics.
(1) In the case of criminal acts referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, and Article 129 conducted by the corporation, other than imprisonment and fines against its leaders, sentence may charges against the corporation in the form of fined by weighting 3 (three) times as referred to in the Articles.
(2) In addition to criminal fines as referred to in paragraph (1), the corporation can be sentenced an additional sentence, may in the form of:
Any person that have purposely not reported a criminal act as referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, Article 127 paragraph (1), Article 128 paragraph (1), and Article 129 shall be punished with imprisonment of 1 (one) year or a fine of 50,000,000,00 (fifty million rupiah).
(1) Trial or the conspiracy for the doing a criminal act of Narcotics and Narcotics Precursor referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, and Article 129, the offender shall be punished with imprisonment of the same in accordance with the provisions of the Articles.
(2) In the case of acts as referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, and Article 129 conducted, in an organized, shall be punished with imprisonment and a maximum fined plus 1/3 (one third).
(3) weighting crime as referred to in paragraph (2) shall not apply to a criminal act punishable with death, imprisonment for life, or imprisonment of 20 (twenty) years.
(1) Every person who orders, give or promise anything, provide opportunities, encourage, provide facilities, force by threats, force with violence, deceit, or the persuade children not old enough to commit criminal acts referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, and Article 129 shall be punished with death or life imprisonment, or the minimum imprisonment 5 (five) years and a maximum of 20 (twenty) years and fined of at least Rp 2.000.000.000,00 (two billion rupiah) and maximum 20.000.000.000,00 (twenty billion rupiah).
(2) Every person who orders, give or promise anything, provide opportunities, encourage, provide facilities, force by threats, force with violence, deceit, or the persuade children not old enough to using of Narcotics, shall be punished with minimum imprisonment 5 (five) years and a maximum of 15 (fifteen) years and fined of at least Rp 1.000.000.000,00 (one billion rupiah) and a maximum of Rp 10.000.000.000,00 (ten billion rupiah).
(1) Narcotics addicts that are old enough and intentionally did not report themselves as referred to in Article 55 paragraph (2) shall be punished with imprisonment for a maximum of 6 (six) months or a fine of Rp 2.000.000,00 (two million rupiah).
(2) Families from Narcotics Addicts referred to in paragraph (1) that have purposely not report the Narcotics Addict the shall be punished with imprisonment for a maximum of 3 (three) months or a fine of Rp 1.000.000,00 (one million rupiah).
The Managers of the Pharmaceutical Industry that is not perform the obligation referred to in Article 45, shall be punished with minimum imprisonment of 1 (one) year and a maximum of 7 (seven) years and fined of at least Rp 40.000.000,00 (four hundred million rupiah) and maximum many Rp 400.000.000,00 (four hundred million).
Narcotics, Narcotics Precursor, and the results obtained from criminal acts of Narcotics and/or the Narcotics Precursor, in the form of assets such as moving objects or immovable, tangible or intangible and other goods or the equipment used to commit criminal acts Narcotics and Narcotics Precursor confiscated for the state.
Any person who:
a. placing, paying or spending, deposit, exchange, hide or obscure, invest, save, donate, bequeath, and/or transfer of money, property, and the object or asset, either in the form of a moving object or immovable, tangible or intangible derived from criminal act of Narcotics and/or Narcotics Precursor, shall be punished with minimum imprisonment of 5 (five) years and a maximum of 15 (fifteen) years and fined of at least Rp 1.000.000.000,00 (one billion rupiah) and maximum Rp 10.000.000.000,00 (ten billion rupiah);
b. receive the placement, payments or expenditures, custody, switching, concealment or disguise of investments, deposits or transfers, grants, inheritance, property or money, objects or assets in the form of a moving object or immovable, tangible or intangible learned from a criminal act of Narcotics and/or Narcotics Precursor, shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and fined of at least Rp 500.000.000,00 (five hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
Any person who obstructs or complicate the investigation and prosecution and examination, a criminal act case of narcotics and/or of narcotics Precursor in front of the trial court, shall be punished with imprisonment of 7 (seven) years and a maximum fine of Rp 500.000.000,00 (five hundred million rupiah).
The skipper or captain pilot who against the law does not implement the provisions of Article 27 or Article 28 shall be punished with minimum imprisonment of 1 (one) year and a maximum of 10 (ten) years and fined of at least 100,000,000,00 (one hundred million rupiah) and maximum Rp 1.000.000.000,00 (one billion rupiah).
(1) the civil servants Investigators that against the law does not implement the provisions referred to in Article 88 and Article 89 shall be punished with minimum imprisonment of 1 (one) year and a maximum of 10 (ten) years and fined of at least 100,000,000 00 (one hundred million rupiah) and a maximum Rp 1.000.000.000,00 (one billion rupiah).
(2) the Indonesian National Police Investigator and the BNN investigators that do not implement the provisions of Article 87, Article 89, Article 90, Article 91 paragraph (2) and paragraph (3), and Article 92 paragraph (1), (2 ), subsection (3), and paragraph (4) will be charged criminal as referred to in paragraph (1).
Head of the state prosecutor that against the law does not implement the provisions referred to in Article 91 paragraph (1) shall be punished with minimum imprisonment of 1 (one) year and a maximum of 10 (ten) years and fined of at least 100,000,000,00 (hundred million rupiah) and a maximum Rp 1.000.000.000,00 (one billion rupiah).
Laboratory officers who falsified test results or against the law does not implement the mandatory reporting of test results to the investigator or prosecutor, shall be punished with imprisonment of 7 (seven) years and a maximum fine of Rp 500.000.000,00 (five hundred million rupiah).
Witnesses who gave incorrect information on the investigation of criminal act case of the narcotics and of narcotics Precursor in front of the trial court, shall be punished with minimum imprisonment of 1 (one) year and a maximum of 10 (ten) years and a minimum fine of Rp 60.000.000,00 (sixty million rupiah) and a maximum of Rp 600.000.000,00 (six hundred million rupiah).
(1) Any person that in the period of 3 (three) years of repeating a criminal act referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, Article 127 paragraph (1), Article 128 paragraph (1), and Article 129 shall be punished with maximum plus 1/3 (one third).
(2) The threat with additional 1/3 (one third) as referred to in paragraph (1) does not apply to offenders sentenced with the death penalty, life imprisonment, or imprisonment of 20 (twenty) years.
Any person that committed a criminal act of Narcotics and/or Narcotics Precursor referred to in Article 111, Article 112, Article 113, Article 114, Article 115, Article 116, Article 117, Article 118, Article 119, Article 120, Article 121, Article 122, Article 123, Article 124, Article 125, Article 126, Article 127 paragraph (1), Article 128 paragraph (1), and Article 129 outside the territory of the Republic of Indonesia also apply the provisions of this Law.
(1) Any foreign citizens that commit a criminal act of Narcotics and/or Narcotics Precursor and have undergone its criminal as provided in of this Law, will be deported out of the territory of the Republic of Indonesia.
(2) Foreign citizens who have been deported as referred to in paragraph (1), forbidden to re-entry into the territory of the Republic of Indonesia.
(3) Foreign citizens who have committed a criminal act of Narcotics and/or Narcotics Precursor abroad, banned from entering the territory of the Republic of Indonesia.
Shall be punished with minimum imprisonment of 1 (one) year and a maximum of 10 (ten) years and fined of at least Rp 100.000.000,00 (one hundred million rupiah) and a maximum Rp 1.000.000.000,00 (one billion rupiah) for:
a. The leaders of hospitals, community health centres, clinics, pharmaceutical storage facilities owned by the government, and pharmacies that distribute Narcotics Category II and III, not for the benefit of health services;
b. leaders of science, planting, purchasing, storage, or control of Narcotics plant and not for the benefit of science;
c. The leaders of certain Pharmaceutical Industry, which manufactures Narcotics Category I not for the benefit of science, or
d. The leaders of pharmaceutical wholesalers that distribute Narcotics Category I that not for the benefit of science or circulate Narcotics of category II and III, not for the benefit of health and/or not for the benefit of science.
If the decision of a fine as stipulated in of this Law cannot be paid by the offenders of Narcotics and Narcotics Precursor a criminal act, the offender was sentenced to imprisonment of 2 (two) years as a substitute for criminal fines, which cannot be paid.
By the time this Law comes into force:
a. The National Narcotics Agency established under Presidential Regulation No. 83/2007 on the National Narcotics Agency, the National Narcotics provincial and Narcotics Agency district/city, declared as the BNN, the BNN province, and the BNN districts/cities by this Law;
b. Chief Executive the BNN Daily for the first time as the Head of BNN defined by this Law;
c. The official and staff of the National Narcotics Agency established under Presidential Regulation No. 83/2007 are officers and staff of BNN by this Law;
d. within a period of 6 (six) months from the promulgation of this law, the organizational structure and working procedures of the National Narcotics Agency established under Presidential Decree No. 83/2007 have been adjusted to this Law;
e. within a period of 1 (one) year from the promulgation of this law, the organizational structure and working procedures of the BNN the BNN provincial and district/city established by Presidential Regulation No. 83/2007 have been adjusted to this law.
Programs and activities of the National Narcotics Agency established under Presidential Regulation No. 83/2007, which have been implemented but not completed, are still able to run until the completion of the programs and activities, including budget support.
All assets of the National Narcotics Agency established under Presidential Regulation No. 83/2007, both located in the province of the BNN, the BNN and at district/city declared as the assets of BNN by this law.
All laws which are the implementing regulations of Law No. 22/1997 on Narcotics (State Gazette of the Republic of Indonesia year 1997 No. 67, Supplement to State Gazette of the Republic of Indonesia No. 3698) at the time of the promulgation of this law, remain valid as long as not contradictory and/or has not been replaced with new regulations based on this law.
With the promulgation of this law:
a. Law No. 22/1997 on Narcotics (State Gazette of the Republic of Indonesia year 1997 No. 67, Supplement to State Gazette of the Republic of Indonesia No. 3698), and
b. Attachment of the types of psychotropic Category I and Category II as listed in Attachment Law No. 5/1997 (State Gazette of the Republic of Indonesia year 1997 No. 10, Supplement to State Gazette of the Republic of Indonesia No. 3671) which has been transferred to the Narcotics Category I according to Law this Act is revoked and declared invalid.
Regulations implementing this law must be determined no later than 1 (one) year from the promulgation of this law.
This law comes into force on the date of promulgation.
So that everyone knows, it is ordered that law be promulgated in the State Gazette of the Republic of Indonesia.
Enacted in Jakarta
on October 12, 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed.
DR. H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on October 12, 2009
MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,
Signed.
ANDI MATTALATTA
REPUBLIC OF INDONESIA No. 143/2009