Campaign continues against Ecstasy

JAKARTA (JP): There is no law which explicitly bans Ecstasy, a stimulant which is becoming more popular among young Indonesians who want to have fun. It is excluded in a 1976 law on narcotics and is not in the Ministry of Health's list of prescription drugs.

That does not necessarily mean Ecstasy can be freely bought or sold in Indonesia. Ecstasy is illegal. The police have repeatedly raided night spots and arrested dealers. Last month, three Dutch citizens were busted for trying to smuggle thousands of the pills into the country.

The police charged them with selling drugs that have not been registered with the Ministry of Health as stipulated in Article 80, sub-article IV of the 1992 Law of Health No. 23 issued in 1992. The suspects are subject to a maximum prison term of 15 years and a maximum fine of Rp 300 million (US$130,000).

Late last year, the police released those suspected of carrying or trafficking Ecstasy, saying they could not find any legal ground to detain them.

Attorney General Singgih had also said that Ecstasy cases could not be brought to court under the narcotics law because the chemical substances in Ecstasy do not appear in legislation as narcotic elements. He said that the law needs to be amended to enable law enforcers to prosecute traffickers and user of the substance.

The police find Ecstasy hard to take. One reason is the alleged involvement of children of some top government officials, either as users and traders. Another reason is that Ecstasy is relatively new in Indonesia. It became popular after the media reported the death of a businessman in the house of artist Ira Irawan in January 1994. The real cause of his death remains a mystery, but it is speculated he died of an Ecstasy overdose.

Ecstasy can be found at certain discotheques in large Indonesian cities. One pill costs between Rp 40,000 ($17.4) and Rp 200,000, depending on the quality.

In Britain, Ecstasy began appearing in the early 1980s. It is illegal but widely available and sells for about 15 pounds ($22) a hit. The drug has killed an average of nine people a year.

In Australia, the drug was already widely available in 1988 and reportedly claimed five lives last year. Ecstasy, which sells for about A$60 ($45) a tablet, is mainly smuggled from Amsterdam and London.

Australian authorities are formulating a national plan to crackdown on the increasing use of designer substances even though the number of deaths is small compared to those from heroin, which causes 250 deaths a year, or alcohol, which leads to six a day in the country.

Ecstasy is not a narcotic, but a psychotropic substance. Indonesia is preparing a psychotropic bill, which is expected to be submitted to the House of Representatives later this year.

"We don't need to wait until the House passes the bill. Ecstasy traffickers can be charged with the health law," Loebby Loeqman, a professor of criminal law at University of Indonesia, said.

He praised the police for taking Ecstasy cases to court under the health law.

"Hopefully, the judge will share the police's legal perception about Ecstasy," Loeqman said.

Expert witnesses will play a key role in the trial, he said. If they can scientifically explain that Ecstasy is harmful, the court will likely find the defendants guilty.

Users say Ecstasy make them feel good, happy, active and energetic. In Australia, Ecstasy is known as the "hug drug" for the feelings of affection it induces.

"Alcohol can lead to violence. People who take Ecstasy can be amiable, generous and forgiving," said a discotheque employee, who tried the substance once.

Experts, however, said that Ecstasy can cause severe dehydration and excessive body temperatures.

Al Bachri Husin, director of the Fatmawati Drug Dependence Hospital in South Jakarta, said that Ecstasy contains chemicals with can affect the brain's neurons.

Lawyer Mohamad Assegaf said that if Ecstasy has similar effects as narcotics, those who sell and use Ecstasy can possibly be charged with the narcotics law.

"The philosophy behind the narcotics law is the action against drugs which can endanger society. If experts say that Ecstasy is dangerous, I think those who sell or use the drug can be punished under the law," he argued.

Loeqman, however, does not agree with Assegaf, saying that the narcotics law cannot be cited in Ecstasy cases because Ecstasy is not a narcotic. (sim)