House passes bill on narcotics with leniency on users

JAKARTA (JP): The House of Representatives endorsed yesterday a bill on narcotics which introduces lenient and heavy penalties.

The bill, which will replace the 1976 narcotics law if it is enacted, retains a maximum sentence of death for traffickers and dealers who also face a maximum fine of Rp 1 billion (US$390,000).

Narcotics-related, corporate crimes will attract a minimum sentence of two years in jail but with heavier fine of up to Rp 7 billion (US$2.73 million).

The bill does not classify penalties based on the amount of abused narcotic substances.

Golkar legislator Robiyanto Kustono, who joined the House special committee to examine the bill, said the absence of a quantity element would enable prosecutors to make wise demands for sentences.

However, penalties will be cautiously imposed on drug users or addicts. Minister of Justice Oetojo Oesman told a House plenary session yesterday that the bill identifies the drug users as victims, who need therapy, rather than as criminals.

"They (drug users) are mostly young people who must be saved and rehabilitated for the sake of their future," Oetojo said after the session.

The bill says that illegal drug users under the age of 18 will be subject to the law and face a children' court. It is important for parents and family members to call the police once they know their children are committing drug abuses. Negligent or reluctant parents will face up to six months imprisonment.

"There were debates on legal consequences faced by young addicts during the bill deliberation but we finally agreed to shoot at those who lure them to illegally consume narcotics," Robiyanto said.

Other than the state-run rehabilitation centers, the bill allows the private sector to take part in efforts to heal young drug addicts. The bill also recognizes traditional and religious methods in the rehabilitation program.

The bill authorizes only the police to investigate narcotic crimes. They are allowed to use unconventional measures, including wiretapping procedures.

During deliberations, the House rejected the government's proposal to insert a clause on money laundering committed by the producers of illegal drugs, dealers and traffickers.

Instead, the House suggested that the government draw up a special bill on money laundering, which can affect all crimes.

Oetojo said the police could use the law to examine banking activities and force banks to break the principle of secrecy during such investigations.

It took the House some six months to pass the bill which saw an another eight articles added to the original 94. The old law contains only 55 articles.

The House passed a related bill on psychotropic drugs and ratified the United Nations convention on the illicit traffic of drugs and narcotic substances.

With the approval of the bill on narcotics, the House legislators have seven government-sponsored bills left for deliberations before completing their term on Sept. 30. (amd)