Experts disagree on nature of proposed illegal drug bill

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consider to be outdated, does not classify the drug as a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)