to Indonesian
Narcotics are substances or drugs that are beneficial and necessary for the treatment of certain diseases. However, if misused or not used in accordance with the standards of treatment can lead to very harmful consequences for the individual or the community, especially the young generation. It would be more harmful when it is accompanied by narcotics abuse and illicit traffic which can result in a greater danger to the lives and values of the National culture that would ultimately weaken National security.
In order to prevent and eradicate narcotics abuse and illicit trafficking that very harmful and dangerous to the Life of the Community, to the Nation and the State, in the year 2002 General Assembly of the People's Consultative Assembly of the Republic of Indonesia (MPR-RI) with the People's Consultative Assembly Decree of the Republic of Indonesia No. VI/MPR/2002 has recommended to the Board of Representatives the Republic of Indonesia (DPR-RI) and the President of the Republic of Indonesia to amend Law No. 22/1997 on Narcotics.
Law No. 22/1997 on Narcotics organize the efforts to eradicate the narcotics crime through the threat of a fine, imprisonment, criminal life, and the death penalty. In addition, Law No. 22/1997 also regulates the use of narcotics for medical purposes and health and regulate the medical and social rehabilitation. However, in reality narcotics crime in the community showed an increasing trend both quantitatively and qualitatively with the victims of widespread, especially among children, adolescents, and the young generation in general.
Narcotics criminal act are no longer done individually, but involves a lot of people collectively, in fact its form of a syndicate that organized a vast network that works in a neat and highly secret both at national and international levels. Based on these in order to improve the prevention and eradication of narcotics, and also to prevent the tendency of increasing both quantitatively and qualitatively with the victims of widespread, especially among children, adolescents, and young people in general. its necessary to reform the Law No. 22 Year 1997 on Narcotics.
In addition, to protect the public from the dangers and to prevent and eradicate of narcotics abuse and illicit traffic, this law also regulated about Narcotics Precursor as a substance or starting materials or chemicals that can be used in the manufacturing of narcotics. In this Law also attached about the Narcotics Precursor by classifying the types of Narcotics Precursor. In addition, it also regulates about the legal sanctions for abuse of Narcotics Precursor for the narcotics manufacture. To ensure a deterrent effect against perpetrators of Narcotics and Narcotics Precursor abuse and illicit traffic, it also regulates about the weighting of criminal sanctions, either in the form of a special minimum criminal, imprisonment of 20 (twenty) years, life imprisonment, or the death penalty. Criminal weighting is being made based on the class, type, size, and number of Narcotics.
To further streamline the prevention and eradication of the Narcotics and Narcotics Precursor abuse and illicit traffic, it also regulated about the strengthening existing institutions, namely the National Narcotics Agency (BNN). BNN is based on Presidential Regulation No. 83/ 2007 on the National Narcotics Agency, Provincial Narcotics Agency, and the National Narcotics District/City. BNN is a non-structural, that under and directly responsible to the President, which has only the duties and functions of coordination. In this Law, BNN is upgraded into government agencies (LPNK) and strengthened its authority to conduct inquiries and investigations. BNN located under the President and is responsible to the President. In addition, BNN also has representation in the provincial and district/city as vertical institutions, namely BNN provincial and BNN district/city.
To further strengthen the institutional also regulates about the all the assets or property obtained or derived from Narcotics and Narcotics Precursor crime and Narcotics and Narcotics Precursor money laundering offenses based on court decisions that have obtained permanent legal force, will be taken by the State and used for interests of the implementation of prevention and eradication of Narcotics and Narcotics Precursor abuse/illicit and also for medical and social rehabilitation.
To prevent and eradicate of Narcotics and Narcotics Precursor abuse and illicit, which is currently becoming more sophisticated modus operandi, the Law also regulates of the expansion of wiretapping investigation techniques, disguised purchases techniques, and the technique of controlled delivery, as well as other investigative techniques to track and uncover of Narcotics and Narcotics Precursor abuse and illicit traffic.
In order to prevent and eradicate of Narcotics and Narcotics Precursor abuse and illicit traffic, conducted by an organized and have an extensive network beyond the State, the Law is arranged on cooperation, both bilateral, regional, and international levels.
In this Law also regulated community participation in the prevention and eradication of Narcotics and Narcotics Precursor abuse including the award for community members who contributed to the prevention and eradication of Narcotics and Narcotics Precursor abuse. The award was given to law enforcement and the community that has been instrumental in efforts to prevent and eradicate Narcotics and Narcotics Precursor abuse and illicit traffic.
Self explanatory.
Self explanatory.
Self explanatory.
Self explanatory.
In this provision, the term "Narcotics Precursor" is only for the pharmaceutical industry.
letter a
In this provision is meant by "Narcotics Category I" is a narcotic that can only be used for the purpose of development of science and not used in therapy, and have the very high potential cause of dependency.
letter b
In this provision, the term "Narcotics Category II " is a narcotic that potent for medication and used as last option and also can be used in therapy and/or the for the purpose of development of science and have the a high potential cause of dependency.
letter c
In this provision, the term " Narcotics Category III" is a narcotic that potent for medicine and widely used in the treatment and/or the for the purpose of development of science and has the potential to cause mild dependence.
Self explanatory.
The definition of "change in classification of Narcotics" is the adjustment of the classification based on international agreements and Narcotics national interest considerations.
The definition of "health care" are included medical rehabilitation services.
The definition of "the development of science and technology" are primarily for the benefit of the use of narcotic medication and rehabilitation, including for the purposes of education, training, research and development and skills held by government agencies whose duties and functions to supervise, investigate, and eradicate narcotics illicit.
Purposes of education, training and skills are included for the purposes of training Narcotics dogs of the Indonesian National Police, Customs and Excise and the National Narcotics Agency and other agencies.
Self explanatory.
The definition of the Narcotics Category I as:
a. diagnostic reagents Narcotics Category I are the limitations used to detect a substance/material/objects used by an individual whether or the not the sort of Narcotics.
b. laboratory reagents Narcotics Category I are the limitations used to detect a substance/material/items confiscated or determined by the investigator whether or the not the sort of Narcotics.
Self explanatory.
What is meant by "the Narcotics from any other source" Narcotics that are controlled by the government, obtained include from the assistance or cooperation by foreign governments or institutions and also from the seizure or confiscation in accordance with the provisions of this Law.
Narcotics obtained from other sources is used primarily for the benefit of the development of science and technology as well as for education, training, and skills conducted by government agencies whose duties and functions perform surveillance, investigation, and eradicate narcotics illicit.
Self-explanatory.
This provision opens up the possibility to grant permission to more than one pharmaceutical industry eligble to produce the Narcotics drugs, but it is done highly selective in order for the control and monitoring Narcotics can be more easily performed.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In this provision, the term "production" to include farming (cultivation) of plants containing the Narcotics.
The term "very limited quantities" is not to exceed the requirements necessary for the benefit of science and technology.
Self-explanatory.
Self-explanatory.
What is meant by a "private" is institution of science, specifically one of its functions or conduct experimental research and development.
Self-explanatory.
The term "clinic" is a clinic led by a doctors.
This provision imposes obligations for private practice doctors to create reports in which contains a record of the activities related to the Narcotics that have been attached to the medical record and stored in accordance with the provisions of the shelf life of prescription period of 3 (three) years.
Physicians who practice in facilities that provide medical services, shall make a report on the activities related to narcotics, and stored in accordance with the provisions of the shelf life of prescription period of 3 (three) years.
Note on the Narcotics in the business entity as provided in this paragraph shall be stored in accordance with the provisions of laws and regulations.
Documents reporting on the Narcotics that are under the authority of the Food and Drug Administration, stored with provisions in at least 3 (three) years.
The purpose of the obligation to create, store, and submit a report every time is that the government can know about the Narcotics inventory that is in circulation, and also as a material in the preparation of the Narcotics annual plan needs.
Self-explanatory.
The definition of "offense" includes any form of deviation from the provisions of laws and regulations.
letter a
Self-explanatory.
letter b
Self-explanatory.
letter c
Self-explanatory.
letter d
Self-explanatory.
letter e
The term "license revocation" is a license associated with the authority to manage Narcotics.
Self-explanatory.
What is meant by "in certain circumstances" in this provision is that if a large pharmacy state-owned company is unable to perform its function in the import of narcotics because of natural disasters, fires and others.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In this provision is meant by "certain customs area opened to foreign trade" is the area in seaports and international airports certain defined as the import and export of Narcotic Drug for traffic easily monitored.
The import or export of narcotics remains subject to the Law on Customs and/or other laws and regulations.
Self-explanatory.
Self-explanatory.
Self-explanatory.
This provision guarantees that the core of the Narcotics entry either by sea or air must be taken in customs procedures that have been determined, in the interest of securing narcotics traffic in the territory of the Republic of Indonesia.
The term " carrier person in charge " is a flight lieutenant or captain.
Self-explanatory.
The term "special packaging or in a safe place" in this provision is the packaging that is different from other packaging that is placed on a stand-alone site which is reserved exclusively.
Self-explanatory.
Provisions regarding time limits in reporting is intended to ensure legal certainty and to tighten controls.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
letter a
Self-explanatory.
letter b
In this provision, the term "type" is a dosage form of salts or bases.
In this provision, the term "form" is the dosage in the form of raw materials or finished drug such as plants, powders, tablets, injections, capsules, liquids.
In this provision, the term "amount" is a number that indicates the amount of narcotics that consists of the number of units of weight in kilograms, fill in milliliters.
letter c
Self-explanatory.
This provision essentially confirms that for the Narcotic Transito are prohibited to change the direction of the destination country. But, if in certain circumstances such as a state force (force majeure) so it should be a country changes, then those changes must meet the requirements specified in this provision.
While waiting for the fulfillment of the necessary requirements, Narcotics remain in the customs area, and oversight responsibilities under the Customs and Excise Officers.
This provision confirms that the involvement of officials of Food and Drug Administration in the repackaging of Narcotics, the Narcotic Transito is in accordance with the duties and functions of the National Agency of Drug and Food Control.
Self-explanatory.
Self-explanatory.
This provision confirms that the 3 (three) business days as evidenced by the postmark on record, or a receipt if the reports submitted directly. With the restriction of the obligation to submit a report, the importer must immediately check the type, quality, and quantity or weight of Narcotic received in accordance with the Import Approval owned.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In this provision, the term "must be accompanied with a valid document" is that any distribution of narcotics including the transfer of Narcotic outside the customs area to the warehouse importer, shall be accompanied by the documents made by importers, exporters, pharmaceutical industry, pharmaceutical wholesalers, facility pharmaceutical storage governments, hospitals, health centers, clinics, doctors or pharmacies.
The document is in the form of Import/Export Approval Letter, invoices, carrier letter, delivery letter, prescription or copy of prescription, which is an integral part of Narcotic concerned.
In this provision, the term "pharmaceutical industry, and the pharmaceutical wholesaler" is the pharmaceutical industry, and certain pharmaceutical wholesalers who have special permission to distribute Narcotic.
This provision confirms that the special permit for the distribution of Narcotic for the government pharmaceutical storage facilities its necessary during the pharmaceutical storage facility establishment decree is not issued by the Head of the Food and Drug Administration.
letter a
Self-explanatory.
letter b
Self-explanatory.
letter c
In this provision, the term " government limited pharmaceutical storage facility" is facility to manage the availability of pharmaceuticals and medical devices belong to the government, both central and local government, the military and the Indonesian National Police, State Owned Enterprises and Regional-Owned Enterprises in the context of health care.
letter d
In this provision, the term "hospital" is a hospital that already has a Pharmacy Installation to obtain Narcotic from specific the pharmacy industry or certain pharmaceutical wholesalers.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
letter a
Self-explanatory.
letter b
This provision confirms that hospitals that do not have a Pharmacy Installation can only get Narcotic from the pharmacy.
letter c
Self-explanatory.
letter d
Self-explanatory.
letter e
Self-explanatory.
Self-explanatory.
Self-explanatory.
letter a
This confirms that the provisions authorizing the storage and delivery of narcotics in the form of injection and tablets for oral administration (in particular morphine tablets) one of the goal is to facilitate the doctors to give the narcotics tablets to the patients who are suffering from the cancer disease which can not be cured and only morphine drug that can relieve the pain from the cancer patients.
letter b
See explanation letter a.
letter c
This provision confirms that the delivery of narcotics by doctors that perform tasks in remote areas with no pharmacies, require a Narcotics storage license from the Ministry of Health or an authorized official. This license is attached to the placement decisions letter in remote areas with no pharmacy.
This provision is intended only to narcotics Category II and Category III.
Self-explanatory.
This provision confirms that labeling is intended to facilitate the introduction that also facilitate the control and supervision.
Self-explanatory.
In this provision, the term "label" is a label that is intended specifically for Narcotics, different from the label for other drugs.
In this provision, the term "published" is that having scientific and commercial interest of Narcotics in the form of finished narcotic drugs or raw materials, in the limited circle of medical and pharmacy.
Counseling and guidance to the community about the dangers of narcotics abuse, not including the criteria for publication.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
What is meant by "relevant ministers" among others, the minister in charge of industrial affairs and the minister in charge of trade affairs.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
The term "valid evidence" such as a medical certificate, a copy of the prescription, or the label/tag.
The term "narcotic abuse victim" is someone who does not intentionally use narcotics, but because of coaxed, tricked, deceived, coerced, and/or threatened to use narcotics.
This provision confirms that in order to assist the Government in overcoming the problems and the dangers of narcotics abuse, especially for narcotics addicts, it requires the participation of parents/guardians, the community, to improve the oversight and guidance responsibilities towards their children.
What is meant by "not old enough" in this provision is a person who has not reached the age of 18 (eighteen) years of age.
Self-explanatory.
Self-explanatory.
This provision confirms that rehabilitation for Narcotics addicts conducted with the intention to restoring and/or develop the physical, mental, social and people are concerned.
What is meant by "government agencies" such as Narcotics Penitentiary and Local Government.
This provision confirms that for medical rehabilitation for injecting drug users Narcotics addicts can be given a range of treatments to prevent infection include HIV/AIDS through needle under the supervision of Health Department.
Self-explanatory.
Social rehabilitation provisions include religious approach, traditional and alternative approaches.
In this provision, the term "former Narcotic Addicts" are people who have recovered from addiction to narcotics physically and psychologically.
In this provision, the term "social rehabilitation institutions" is a social rehabilitation institutions organized by the government or by society.
Self-explanatory.
Self-explanatory.
letter a
Self-explanatory.
letter b
Self-explanatory.
letter c
This provision does not reduce prevention through extracurricular activities in college.
letter d
Self-explanatory.
letter e
The term "institutional capacity" in this provision as providing reinforcement, encouragement, or facilitate the medical rehabilitation centers so that it maintained continuity.
Self-explanatory.
Self-explanatory.
This provision confirms that international cooperation also covers cooperation in preventing and eradication of Narcotics transnational organized crime.
This provision confirms that the establishment of the National Narcotics Board which is directly responsible to the President that has the duties and functions of coordination and operational in management of Narcotics and Narcotics Precursor, also prevention and eradication of Narcotics and Narcotics Precursor abuse and illicit traffic, expected can prevent and eradicate Narcotics and narcotics Precursor abuse and illicit down to the roots.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
letter a
Self-explanatory.
letter b
self-explanatory
letter c
The meaning of "in coordination with National Police Chief of the Republic of Indonesia" in this provision does not diminish the independence in setting policy and implementing the duties and authority of BNN.
letter d
Self-explanatory.
letter e
Self-explanatory.
letter f
Self-explanatory.
letter g
Self-explanatory.
the letter h
Self-explanatory.
letter i
Self-explanatory.
letter j
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
This provision confirms that if there are other cases which by law also determined to come first, then the priority given to the court.
In this provision, the term "immediate resolution" is the start from the examination, decision-making, to the execution of decisions or execution.
Self-explanatory.
letter a
Self-explanatory.
letter b
Self-explanatory.
letter c
Self-explanatory.
letter d
Self-explanatory.
letter e
Self-explanatory.
letter f
Self-explanatory.
letter g
Self-explanatory.
letter h
The definition of "interdiction" is pursuing and/or stopping a person/group of persons, ships, aircraft, or vehicles suspected of carrying Narcotics and Narcotics Precursor, in order to arrest suspects and seize evidence.
letter i
In this provision is meant by "tapping" is an activity or series of activities of inquiry and/or investigation by the BNN investigator or Indonesian National Police investigators using the electronic equipment in accordance with advances in technology towards conversation and // or sending a message by phone or other electronic communication devices.
Included in the tapping is by electronic monitoring, among others:
a. mounting the transmitter in targeted the room to listen/to record all conversation (bugging);
b. mounting the transmitter on a car/people/items that existence can be traced (bird dog);
c. interception of the Internet;
d. cloning pagers, short service (SMS), and fax;
e. CCTV (Close Circuit Television);
f. tracking suspects location (direction finder).
Expansion terms of wiretapping are intended to anticipate the developments of information technology used by the perpetrators of Narcotics and Narcotics Precursor crime to develop its network both nationally and internationally, because of technological developments could potentially be exploited by criminals and that can highly benefit them. In order to disable/eliminate Narcotics and Narcotics Precursor syndicate, the investigators should be able to be penetrated the system of communication/telecommunication of Narcotics and Narcotics Precursor syndicate, including tracking their network.
letter j
Self-explanatory.
letter k
Self-explanatory.
letter l
Urine tests, blood tests, hair tests, and other body parts tests conducted in accordance with the development of science and technology to prove the presence or absence of narcotics in the body of one person or a few people, and dioksiribonukleat acid (DNA) test to identify the victims, addicts, and suspects.
letter m
Self-explanatory.
letter n
What is meant by "scanning" in this provision is a portable and stationere scanner.
letter o
Self-explanatory.
the letter p
Self-explanatory.
letter q
Self-explanatory.
letter r
Self-explanatory.
letter s
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
The meaning of "ministries or government agencies whose scope of duties and responsibilities in the field of Narcotics and Narcotics Precursor" means the Ministry of Health, the Directorate General of Customs and Excise of Ministry of Finance, and the National Agency of Drug and Food Control.
The Authority of civil investigators of the ministries or the non-ministerial government agencies in accordance with their respective duties, that in its implementation still consider the coordination function in accordance with the laws and regulations.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In this provision is meant by the "certain laboratory" is a laboratory that is accredited in accordance with the provisions of laws and regulations.
Self-explanatory.
This provision confirms that the narcotic plant, referred to in this paragraph are not only those found in the field, but also those found in other places or places been planted narcotics, including other forms of narcotic plants were found in the same time.
In this provision, the term "small part" is a reasonable amount of narcotic plants to be used as evidence in the investigation, prosecution and examination in court.
This provision confirms that the period of 14 (fourteen) days meant that the Indonesian National Police investigators assigned to the inaccessible area of geography and transportation, can carry out extermination of narcotics were found, in the best way possible because of a violation of this time period may be subject to criminal liability.
letter a
Self-explanatory.
letter b
Self-explanatory.
letter c
Self-explanatory.
letter d
In this provision, the term "the official who witnessed the extermination" is official
represent elements of the prosecutor and the National Agency of Drug and Food Control.
In terms of the condition of the Narcotics plant been discovered its impossible to bring the elements of the official there, the extermination can be witnessed by another officer or member of the local community.
Self-explanatory.
This provision is intended for the purpose of identification of the type, content and level of Narcotics (drugs profiling).
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
In this provision is meant by the "all assets and property" means all property owned, whether movable or immovable objects, tangible and intangible, that is in their control or that is in the possession of another (wife or husband, son and any person or entity), obtained or derived from alleged narcotics offenses committed by the suspect or defendant.
Under this provision, judges are free to implement its authority to ask the defendant to prove that all the possessions and property of the wife or husband, children and any person or entity not derived from Narcotics and Narcotics Precursor offense.
This provision is intended to provide protection to whistleblowers safety who provide information about a narcotics offense, so that the name and address of the complainant is not known by the suspect, the accused, or the syndicate network, at the investigation level in court.
The definition of "family" is a person who has a blood relationship in a straight line up or down and sideways until the first line degrees.
Self-explanatory.
This provision confirms that in deciding Narcotics and Narcotics Precursor that confiscated for the state, the judge noticed provision in the Narcotics and Narcotics Precursor criminal investigation process.
In this provision is meant by "the result" is either in the form of money or other objects that are known or alleged to have been derived from narcotics offense.
Self-explanatory.
Confiscation of property and wealth or asset results of money laundering based on court decisions that remain, confiscated to the state and can be used for the cost of preventing and eradication of Narcotics and Narcotics Precursor abuse and illicit traffic, as well as for the payment of reward for members of the community which has been revealed the acts of Narcotics and Narcotics Precursor offenses. Thereby the community are encouraged to actively participate in the prevention and eradication of Narcotics and Narcotics Precursor abuse and illicit. Besides, property and wealth or assets, which confiscated by the state can also be used to fund medical and social rehabilitation of the victims of Narcotics and Narcotics Precursor abusers. The process of investigation and intellectual property assets of the proceeds of crime or money laundering implemented in accordance with Law No. 15/2002 on Money Laundering as amended by Law No. 25/2003.
Self-explanatory.
Self-explanatory.
letter a
This provision confirms that the use of the word "decision" for Narcotics addicts who was convicted of Narcotics offense, implies that the verdict was a sentence (punishment) for Narcotic Addicts concerned.
letter b
This provision confirms that the use of the word “stipulate” for Narcotics Addicts who are not convicted of Narcotics offense, implies that the verdict was not a sentence (punishment) for Narcotic Addicts are concerned. Stipulation was intended to give an emphasis that even the narcotics addicts are found innocent on Narcotics offense, yet it still required to undergo treatment and medication.
the cost of treatment and/or medication for Narcotics addicts, who was convicted of a Narcotics offense entirely the burden and responsibility of the State, because the treatment and or medication is part of the serving a sentence. As for narcotics addicts who are not convicted, the cost of treatment and/or medication during the status of detainees remains a burden on the State, except for the under house arrest and custody of the city.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
This provision confirms that in the award must consider the security and protection that they are rewarded. The award is given in the form of a charter, honors, money, and/or form of respect other.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
The term "permanent disability" in this provision is the physical and/or mental disabilities that are fixed or can not be recovered/healed.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
The term "attempt" is a certain element of intent, the existence of beginning of the action, and not the completion of the action was not caused by his own will.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
Self-explanatory.
SUPPLEMENT TO STATUTE BOOK 2009 No. 5062