Experts disagree on nature of proposed illegal drug bill

JAKARTA (JP): Legal experts disagree whether the bill on psychotropic drugs, which the government plans to submit to the House of Representatives next month, should specifically mention the popular rave-scene stimulant Ecstasy.

Loebby Loqman, a staff lecturer at the University of Indonesia's Law School, said yesterday that by mentioning Ecstasy, the draft law would be too narrow in nature. It would not be flexible enough to deal with future violations, he told The Jakarta Post.

"If the bill defines certain drugs as illegal, a new law would then have to be drafted should a different illegal drug become widespread," Loebby said.

However, if the House found mentioning specific drugs unavoidable, the draft law should then make provisions allowing certain authorities, in this case the minister of health, to ban them, Loebby said.

Waskito Adiribowo, a lawyer from the Jakarta Legal Aid Institute, disagreed with Loebby. He argued that by specifically naming the illegal drugs, the draft law would ensure more stringent enforcement.

He said the bill should be even more specific by mentioning details of concoctions of drugs to be ruled illegal. "The concoction or ingredients of the illegal drugs are as crucial for the law as the effects that the drugs cause addicts," he said.

Debates over the bill have begun amid increasing concern over the widespread use of Ecstasy among wealthy teenagers and rave goers in major cities.

Police have been hampered in their fight against Ecstasy because the 1976 Anti-narcotics Law, which some observers consider to be outdated, does not classify the drug as a narcotic. The law confines narcotics to marijuana, cocaine and morphine, and stipulates a maximum penalty of death.

Thus far, the police have resorted to using a 1949 Law on Dangerous Drugs, the 1992 Health Law No. 23 and Article 204 of the Criminal Code which deals with the supply of dangerous drugs.

People caught breaking these laws can be sentenced to between seven years and life imprisonment or be fined between Rp 140 million and Rp 300 million.

The bill on psychotropic drugs, which many people hope will be able to deal with the abuse of drugs such as Ecstasy, rules that violators can be punished with up to 15 years imprisonment or fined a maximum of Rp 140 million.

There are other social groups, however, who wished that the government step up the fight against rampant drug abuse by introducing several other laws.

Chairman of the Indonesian Medical Association Azrul Azwar said three laws should be established: an updated law on narcotics, the bill on psychotropic drugs, and another bill on illicit drug trafficking.

"The three should have clear distinctions in order to avoid confusion among law enforcers and ensure that patients who need certain psychotropic drugs can have access to them," he told the Post.

According to Azrul, psychotropic drugs serve medical purposes such as treating mental illnesses and relieving pain.

"These laws would then ensure that patients who use the drugs would be rehabilitated instead of imprisoned," Azrul said, expressing hopes that the psychotropic drugs bill would soon be passed into law.

National Police deputy chief for operational affairs, Maj. Gen. M.B. Hutagalung was recently quoted by Antara as saying that the bill, if passed, would make law enforcers' work a little easier.

"The law would ensure that law enforcers have uniform perceptions about the drugs and what constitutes violations of the law," the two-star general said. (14)