ANNEX I.32 LAW OF THE REPUBLIC OF INDONESIA NUMBER 22 YEAR 1997 CONCERNING NARCOTICS 1
WITH THE BLESSING OF THE ONE ALMIGHTY GOD THE PRESIDENT OF THE REPUBLIC OF INDONESIA Considering: In view oft a. that to establish prosperous, just and wealth Indonesian society that is widen both materialistically and spiritually based on Pancasila and the 1945 Constitution, quality of Indonesian human resources as one of assets for national development shall be necessary to be improved continuingly including their health; b. that to increase the health degree of Indonesian human resources in order to establish public prosperity, it is necessary to conduct development measures in pharmacy and health services such as in one side by making sure supplies of certain types of Narcotics that are required as medicines and in other side by conducting prevention and eradication measures against threats of illicit uses of drugs and Illegal drugs trafficking; c. that in one side, Narcotics shall be medicine or materials that are useful in the field of pharmacy and health services and development of science, but in other side, it may also create addictions that extremely harm if these are used without control and strict and integrated supervision; d. that importing, exporting, producing, cultivating, maintaining, distributing and consuming Narcotics without control and strict supervision and contrary with prevailing laws and regulation shall be criminal acts since these extremely harm and be dangerous for human being, society, the nation and state and national security of Indonesia; e. that crime in Narcotics has been transnational committed using sophisticated and professional modus operandi, while laws and regulation have been no longer suitable with current condition and situation to eradicate this crime. f. That based on considerations of letters a, b, c, d, and e, and by considering that Law Number 9 Year 1976 concerning Narcotics has been no longer suitable, it is necessary to enact new law concerning Narcotics; 1. Article 5 Paragraph (1) and Article 20 Paragraph (1) of the 1945 Constitution, 2. Law Number 8 Year 1976 concerning Ratification of Single Convention on Narcotics of 1961, associated with Protocol that amends it (the State Gazette Year 1976 Number 36, Supplement to the State Gazette Number 3085); 3. Law Number 23 Year 1992 concerning Health (the State Gazette Year 1992 Number 100, Supplement to the State Gazette Number 3495); 4. Law Number 7 Year 1997 concerning Ratification of the United Nation Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (the State Gazette Year 1997 Number 2
17, Supplement to the State Gazette Number 3673); With the Approval of THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA DECIDES: To enact LAW CONCERNING NARCOTICS In this Law the following definitions apply: CHAPTER I GENERAL PROVISIONS Article 1 1. Narcotics shall be substance or medicine derived from plants or not both synthetic and semi synthetic that may create consciousness damage and changes, senses deficiency, pain deficit till pain killing and may cause an addiction, that is diverted into several types as attached in this Law or further stipulated in a Decree of the Minister of Health. 2. Production shall be activities or processes in preparing, assembling, producing, generating, packing, and/or modifying types of Narcotics including extracting, converting or constructing Narcotics to produce drugs. 3. Import shall be activities to enter Narcotics into the Customs areas. 4. Export shall be activities to take Narcotics out of the Customs areas. 5. Illegal drugs trafficking shall be any activity or a series of activities conducted without the right and contrary with the laws determined as the crime of Narcotics. 6. Import Approval Letter shall be an approval of the Minister of Health to import Narcotics. 7. Export Approval Letter shall be an approval of the Minister of Health to export Narcotics. 8. Transportation shall be any activity or a series of activities to move Narcotics from one place to another, using moda means or transportation infrastructures whatsoever. 3
9. Big Pharmacy Dealer shall be a company that is a legal entity, having business license from the Minister of Health to conduct activities to distribute pharmacy supplies including Narcotics and Health equipments. 10. Pharmacy Manufacture shall be a company in term of a legal entity that possesses a license from the Minister of Health to conduct production and distribution activities on drugs and substance, including narcotics. 11. Narcotics Transit shall be transportation of Narcotics from one country to another thru and transit in the territory of the Republic of Indonesia within the Customs areas with one or without changing transportation infrastructure. 12. An addict shall be a person who consumes illicit Narcotics and in addiction condition against Narcotics, both physically and psychologically. 13. Narcotics addiction shall be a forcing symptom to consume Narcotics continuingly, tolerantly and a disintegrated symptom to consume Narcotics if the consumption is stopped. 14. User shall be person who consumes Narcotics without the knowledge and supervision of doctor. 15. Medicinal rehabilitation shall be a process of integrated medical treatment activities to recover an addict from narcotics addition. 16. Social rehabilitation shall be a process of integrated recovery activities both physically and socially that ex-addicts may return to conduct social functions in society. 17. Conspiration shall be acts of two persons or more with the purpose to conspire to commit the crime of Narcotics. 18. Tapping shall be activities or a series of preliminary investigation activities and/or investigation committed by investitogor of Indonesian National Police by recording a conversation thru telephone and or other electronic communication devices. 19. Corporation shall be organized organization of persons and/or properties, both a legal entity and not. CHAPTER II SCOPES AND OBJECTIVES Article 2 (1) Scopes of Narcotics provisions in this Law shall be all types of activities and/or activities in relation with Narcotics. (2) Narcotics as referred to in paragraph (1) shall be classified to be: a. Narcotics of Type I; b. Narcotics of Type II; and c. Narcotics of Type III. (3) Classification of Narcotics as referred to in paragraph (2) shall firstly be determined as stipulated in the attachment and shall be integrated part of this Law. (4) Further provision concerning modification of Narcotics classification as referred to in paragraph (3) shall be governed in a Decree of the Minister of Health. 4
Article 3 Narcotics Provisions shall have objectives to: a. assure narcotics supplies for the interest of health services and/or the science development; b. prevent illicit uses of Narcotics; and c. suppresses Illegal drugs trafficking. Article 4 Narcotics may only be used for the interest of health services and/or science development. Article 5 Narcotics of Type I may only be used for the interest of science development and shall be prohibited to be consumed for other purposes. CHAPTER III SUPPLIES Part One Annual Requirement Plan Article 6 (1) The Minister of Health shall take measures on narcotics supplies for the purpose of health services and/or for the purpose of science development. (2) For maintaining supplies of Narcotics as referred to in paragraph (1), the Minister of Health shall prepare Annual Requirement Plan. (3) Narcotics requirement plan as referred to in paragraph (2) shall be a guidance of supply, control and supervision over narcotics nationally. (4) Further provision concerning formulation of narcotics requirement plan shall be governed in a Decree of the Minister of Health. Article 7 (1) Narcotics supplies for domestic needs shall be obtained from import, domestic production and/or other sources using annual narcotics requirement plan as a reference as referred to in Article 6 paragraph (2). (2) Narcotics obtained from other sources as referred to in paragraph (1) shall be under control, supervision and responsibility of the Minister of Health. Part two Production Article 8 (1) The Minister of Health shall provide a special license to produce Narcotics to pharmacy manufacture that has a license based on prevailing laws and regulation. (2) The Minister of Health shall control by him/herself the implementation of supervision over production process, raw materials soft Narcotics, and final outcome of processing Narcotics. 5
(3) Further provision concerning procedure for providing a licensing and control as referred to in paragraph (1) and paragraph (2) shall be governed in a Decree of the Minister of Health. Article 9 (1) Narcotics of Type I shall be prohibited to be produced and/or used in production process, unless in limited total amount for the purpose of science development and shall be conducted with strict supervision from the Minister of Health. (2) Further provision concerning procedure for producing and/or utilizing production process with limited total amount for the purpose of science development supervision as referred to in paragraph (1) shall be governed in a Decree of the Minister of Health. Part three Narcotics for Science Article 10 (1) Science institutions such as education, course, skills and research and development institutions operated by Government or Private Sector, that especially or in which one of its functions is to conduct examination activities, research and development, may obtain, maintain, and consumes Narcotics for the purpose of science development after having an approval from the Minister of Health. (2) Further provision concerning requirements and procedure for obtaining an approval as referred to in paragraph (1) shall be governed in a Decree of the Minister of Health. Part four Deviation and Reporting Article 11 (1) Narcotics under control of importer, Exporter, Pharmacy Manufacture, Big Pharmacy Dealer, Governmental pharmacy stock houses, drugs store, hospital, puskesmas, health clinic, doctor, and science institutions, must be kept in special treatment. (2) Importer, Exporter, Pharmacy Manufacture, Big Pharmacy Dealer, governmental pharmacy stock houses, drugs store, hospital, puskesmas, health clinic, doctor, and science institutions, must prepare, submit and maintain regular reports on in-stock and/or out-stock of Narcotics maintained in their control. (3) Further provision concerning procedure of special storage as referred to in paragraph (1) and time period, types, the contents, and reporting procedure as referred to in paragraph (2) shall be governed in a Decree of the Minister of Health. (4) Violations against provisions on storage as referred to in paragraph (1) and/or provisions on reporting as referred to in paragraph (2) may be imposed with administrative sanctions by the Minister of Health in terms of: a. Warning; b. Alert; c. Administrative fine; 6
d. Temporary termination of activities; or e. Business license revocation. CHAPTER IV IMPORT AND EXPORT Part One Import Approval Letter and Export Approval Letter Article 12 (1) The Minister of Health shall provide an approval to 1 (one) State Owned Big Pharmacy Dealer that has hold a license as an importer in accordance with laws and regulation for importing Narcotics. (2) In certain circumstance, the Minister of Health may provide a license to other company from state owned enterprise as referred to in paragraph (1) that holds a license as an importer based on prevailing laws and regulation for importing Narcotics. Article 13 (1) Narcotics Importer shall be obliged hold Import Approval Letter every time importing Narcotics from the Minister of Health. (2) Import Approval Letter of Narcotics of Type I in limited quantity may be provided for the purpose of science development. (3) Import Approval Letter as referred to in paragraph (1) shall be submitted to Government of the exporting country. Article 14 Implementation of Narcotics Import shall be conducted based on an approval Government of the exporting country and said approval shall be mentioned in an authentic document based on prevailing laws and regulation in the exporting country. Article 15 (1) The Minister of Health shall provide a license to 1 (one) company of State Owned Big Pharmacy Dealer that has a license as an exporter based on prevailing laws and regulation to implement narcotic export. (2) In certain circumstance, the Minister of Health may provide a license to other company from state owned enterprises as referred to in paragraph (1) that has a license as an exporter based on prevailing laws and regulation to implement narcotic export. Article 16 (1) Narcotics Exporter shall be obliged to hold an Export Approval Letter every time exporting Narcotics from the Minister of Health. (2) In obtaining an Export Approval Letter, an approval from the importing country must be attached. Article 17 Implementation of Narcotics Export shall be conducted based on an approval from government of importing country and said approval shall be mentioned in an authentic document based on prevailing laws and regulation in the importing country. 7
Article 18 Narcotics Import and Export shall only be conducted thru certain customs areas that are open for international trading. Article 19 Further provision concerning requirement and procedure for obtaining an Import Approval Letter and Export Approval Letter on Narcotics shall be governed in a Decree of the Minister of Health. Part two Transportation Article 20 Provisions on laws and regulation concerning goods transportation shall remain to be applicable for Narcotics Transportation unless this Law provides differently or further stipulated based on this Law. Article 21 (1) Any narcotics import transportation must be completed with a legitimate approval for exporting narcotics in accordance with prevailing laws and regulation in the exporting country and Narcotics Import Approval Letter issued by the Minister of Health. (2) Any narcotics import transportation must be completed with Narcotics Export Approval Letter Narcotics issued by the Minister of Health and a legitimate approval for importing narcotics based on prevailing laws and regulation of the importing country. Article 22 Party responsible for transporting narcotics enter into territory of the Republic of Indonesia shall be obliged to bring and be responsible for completeness of Narcotics Import Approval Letter from the Minister of Health and a legitimate approval for exporting narcotics based on prevailing laws and regulation in the exporting country. Article 23 (1) Narcotics Exporter shall be obliged to provide Narcotics Export Approval Letter Narcotics from the Minister of Health and a legitimate approval for importing narcotics based on prevailing laws and regulation in the importing country to party who is responsible on an export transportation company. (2) Party responsible on an export transportation company shall be obliged to provide Narcotics Export Approval Letter from the Minister of Health and a legitimate approval for importing narcotics based on prevailing laws and regulation in the importing country to a party responsible on transporters. (3) Party responsible on transporters in exporting narcotics shall be obliged to bring and be responsible on completeness of Narcotics Export Approval Letter Narcotics from the Minister of Health and a legitimate approval for importing narcotics based on prevailing laws and regulation in the importing country. Article 24 (1) Narcotics transported shall be obliged to be maintained at the first time in special package or secured place in the ship sealed by the ship s captain witnessed by senders. 8
(2) The ship s captain shall prepare a memorandum on narcotics loads transported. (3) The ship s captain, within no longer than 24 (twenty four) hours after arriving in a destinated port, shall be obliged to report on narcotics loaded in the ship to the Head of Customs Office at site. (4) Narcotics unloading shall be conducted at the first time by the ship s captain witnessed by an Official of Customs and Excise. (5) The ship s captain knowing that there are Narcotics loaded in the ship without the right, shall be obliged to prepare a memorandum, conduct security measures, and at the first transit shall immediately report and surrender said narcotics to the competent party. Article 25 Provisions as referred to in Article 24 shall also be applicable for pilots of the airplane for air transpiration. Part three Transito Article 26 (1) Narcotics Transit shall completed with a legitimate approval for exporting narcotics from Government of the exporting country and a legitimate approval for importing narcotics from Government of the importing country based on prevailing laws and regulation in the exporting country and the importing country. (2) An approval for exporting narcotics from Government of the exporting country and an approval for importing narcotics as referred to in paragraph (1) at least shall contain of information on: a. name and exporter s equipment and importer s equipment; b. type, form, and volume of narcotics; and c. Destination country for exporting narcotics. Article 27 Any change on destination for exporting narcotics in Narcotics Transit may only be conducted after an approval is obtained from: a. Government of the exporting country; b. Government of the importing country or first destination for exporting narcotics; and c. Government of destination country of narcotics exporting change. Article 28 Narcotics repackage in Narcotics Transit, may only be conducted against original package that is broken and shall be obliged to be conducted under supervision of the Customs and Excise official. Article 29 Further provision concerning activities of Narcotics Transit shall be determined in Government Regulation. Part four 9
Examination Article 30 Government shall conduct examination against completeness of export, import and/or Narcotics Transit documents. Article 31 (1) Narcotics Importer shall examine narcotics imported and shall be obliged to report to the Minister of Health within no later than 7 (seven) working days as from the date when narcotics import is obtained in a company. (2) Based on the result of report as referred to in paragraph (1), the Minister of Health shall submit the result of acceptance on narcotics import to the Government of the exporting country. CHAPTER V DISTRIBUTION Part One General Article 32 Narcotics distribution shall include any channel activity or and relinquishing narcotics either in respect with trading, non trading or transferring for the purpose of health services and science development. Article 33 (1) Narcotics in forms of drugs may only be distributed after being registered in the Ministry of Health. (2) Narcotics of Type II and III in forms of raw materials both natural and synthetic may be distributed without registrary obligation from the Ministry of Health. (3) Further provisions concerning requirements and procedure on registration for narcotics in form of drugs and narcotics distribution in form of raw materials shall be governed in a Decree of the Minister of Health. Article 34 Any activity in respect with narcotics distribution must be completed with legitimate documents. Part two Distribution Article 35 (1) Importer, Exporter, Pharmacy Manufacture, Big Pharmacy Dealer, and governmental pharmacy stock houses may conduct channel distribution activities based on provisions as stipulated in this Law. (2) Importer, Exporter, Pharmacy Manufacture, Big Pharmacy Dealer, and governmental pharmacy stock houses as referred to in paragraph (1) shall be obliged to obtain special license for distributing narcotics from the Minister of Health. Article 36 10
(1) Importer may only distribute narcotics to certain Pharmacy Manufacture or certain Big Pharmacy Dealer. (2) Certain Pharmacy Manufacture may only distribute narcotics to: a. Exporter; b. Certain Big Pharmacy Dealer; c. Drugs store; d. Certain governmental pharmacy stock houses; e. Hospital; and f. Certain science institutions (3) Certain Big Pharmacy Dealer may distribute narcotics to: a. Other certain Big Pharmacy Dealer; b. drugs store; c. Certain governmental pharmacy stock houses; d. hospital; e. science institutions; and f. Exporter. (4) Certain Governmental pharmacy stock houses may only distribute narcotics to: a. Government hospital; b. puskesmas; and c. certain government health. Article 37 Narcotics of Type I may only be distributed by certain Pharmacy Manufacture and/or certain Big Pharmacy Dealer to certain science institutions for the purpose of science development. Article 38 Further provision concerning requirements and procedure on narcotics distribution shall be governed in a Decree of the Minister of Health. Part three Delivery Article 39 (1) Delivery of narcotics may only be conducted by: a. drugs store; b. hospital; c. puskesmas; d. health clinic; and e. doctor. (2) Drugs store may only deliver narcotics to: a. hospital; 11
b. puskesmas; c. other drugs store; d. health clinic; e. doctor; and f. patients. (3) Hospital, drugs store, puskesmas, and health clinic may deliver narcotics to patients based on a recipe from a doctor. (4) Delivery of narcotics by a doctor may only be conducted if: a. performing medical practice and shall be given thru an injection; b. helping ill persons in critical condition thru injections; or c. performing duties in an isolated area that has no drug store. (5) Narcotics in form of injections in certain volume delivered by a doctor as referred to in paragraph (4) may only be obtained from a drugs store. Article 40 Further provision concerning requirements and procedure on Narcotics Delivery shall be governed in a Decree of the Minister of Health CHAPTER VII LABEL AND PUBLICATION Article 41 (1) Pharmacy Manufacture shall be obliged to include label on the package of narcotics in form of drugs or raw materials. (2) Label on the package of narcotics as referred to in paragraph (1) may be in forms of writing, pictures, a combination of writing and picture, or others associated on the package or included in the package, labeled, or shall be part of container and/or package. (3) Any information mentioned in label of narcotics must be complete and not misleading. Article 42 Narcotics may only be published in printing media of medical science or pharmacy science media. Article 43 Further provision concerning requirement and procedure of publication and labeling as referred to in Article 41 and Article 42 shall be governed in a Decree of the Minister of Health. CHAPTER VIII Article 44 (1) For the purpose of medicinal treatment and/or therapy, the user may hold, maintain, and/or carry narcotics. 12
(2) The user of narcotics as referred to in paragraph (1) shall be obliged to have evidence that narcotics controlled, kept, and/or carried out by hi/her shall be used, obtained legally. Article 45 An addict of narcotics shall be obliged to take treatment and/or therapy. Article 46 (1) Parents or guardian of an addict who is under age shall be obliged to report it to the official appointed by Government to obtain medicinal treatment and/or therapy. (2) An addict who is an adult shall be obliged to report him/herself or be reported by his/her family to the official appointed by Government to obtain medicinal treatment and/or therapy. (3) Implementing provisions as referred to in paragraph (1) and paragraph (2) shall be governed in a Decree of the Minister of Health. Article 47 (1) Judges adjudicating a case of an addict of narcotics may: a. decide to order a person concerned to take medicinal treatment and/or therapy, if he/she is guilty to commit the crime of Narcotics; or b. determines to order a person concerned to take medicinal treatment and/or therapy, if he/she is not guilty to commit the crime of narcotics. (2) Time period for taking medicinal treatment and/or therapy for an addict as referred to in paragraph (1) letter a, shall be calculated as time period for serving a criminal sanction. Article 48 (1) Medicinal treatment and/or therapy against an addict shall be conducted thru rehabilitation facility. (2) Rehabilitation shall include medicinal rehabilitation and social rehabilitation. Article 49 (1) Medicinal rehabilitation against an addict shall be conducted in a hospital appointed by the Minister of Health. (2) Based on an approval of the Minister of Health, certain rehabilitation institution managed by society may operate medicinal rehabilitation against addicts of narcotics. (3) Besides medicinal treatment and/or therapy thru medicinal rehabilitation, recovery process against an addict may be conducted by society thru religion and traditional approaches. Article 50 Social rehabilitation against ex-addicts of narcotics shall be conducted in a social rehabilitation appointed by the Minister of Social. Article 51 (1) Implementing provisions as referred to in Article 49 shall be governed in a Decree of the Minister of Health. (2) Implementing provisions as referred to in Article 50 shall be governed in a Decree of the Minister of Social. 13
CHAPTER VIII MENTORING AND SUPERVISION Part One Mentoring Article 52 (1) Government shall conduct mentoring against all activities that are related with narcotics. (2) Mentoring as referred to in paragraph (1) shall include measures: a. to meet supplies on narcotics for the purpose of health services and/or science development; b. to prevent and eradicate all types of consumption and illegal drugs trafficking; c. to prevent involvement of children under age in consumption and illegal drugs trafficking; d. to support and facilitate research activities and/or technology development in narcotics for the purpose of health services; and e. to increase capability of rehabilitation institutions for addicts both managed by Government or society. Article 53 Government shall cooperate, bilateral, regional, multilateral, with other countries and/or international organizations to prevent and eradicate consumptions and illegal drugs trafficking in accordance with the interest of national security. Article 54 (1) Government shall establish national narcotics coordinating agency that is responsible to the President directly. (2) An agency as referred to in paragraph (1) shall have duties to conduct coordination in respect with supplies, prevention and eradication of consumption and illegal drugs trafficking. (3) Provisions concerning organizational structure, organizational position, and working procedure of national narcotics agency as referred to in paragraph (1) shall be governed in the Presidential Decree. Part two Supervision Article 55 (1) Government shall conduct supervision over all activities related with Narcotics. (2) Further provisions concerning implementation and procedure of supervision as referred to in paragraph (1) shall be determined with Government Regulation. Article 56 (1) The Minister of Health shall be responsible in controlling and supervision over importer, exporter, pharmacy manufacture, big pharmacy dealer, 14
governmental pharmacy stock houses, drugs store, hospital, puskesmas, health clinic, doctor, science institutions, and medicinal rehabilitation institution. (2) Officers who conduct supervision shall be completed with an official letter. (3) If there is sufficient preliminary evidence or based on reasonable initial indication that there is a violation against provisions of this Law, the Minister of Health shall be authorized to impose administrative sanction in forms stipulated in Article 11 paragraph (4). (4) For the interest of preliminary investigation and investigation, administrative sanctions may be postponed temporarily by considerations as referred to in paragraph (3). (5) Further provisions concerning implementation and procedure of supervision as referred to in paragraph (1) shall be governed in a Decree of the Minister of Health. CHAPTER IX PUBLIC PARTICIPATION Article 57 (1) Society shall have opportunities extensively to take parts and to assist in the effort of prevention and eradication of consumption and illegal drugs trafficking. (2) Society shall be obliged to report to the competent authority if they know consumption and illegal drugs trafficking. (3) Government shall be obliged to provide security on safety and protection to reporting parties as referred to in paragraph (2). Article 58 Government provide penghargaan to anggota society or badan yang telah berjasa dalam membantu upaya pencegahan dan pemberantasan Useran dan Illegal drugs trafficking and/or pengungkapan the crime Narcotics. Article 59 Further provision concerning roles and society, security guarantee and protection, requirement and procedure for providing rewards shall be determined with Government Regulation. Narcotics Destroy shall be conducted If: CHAPTER X DESTROY Article 60 a. are produced without complying with standards and requirements applied and/or may not be used in the production process; b. are expired; c. do not comply with requirements applied in services of health and/or related for the purpose of science development; or 15
d. is related with the crime. Article 61 (1) Narcotics Destroy as referred to in Article 60 letters a, b, and c shall be conducted by Government, persons, or agencies responsible for narcotics production and/or distribution, certain health facilities, and certain science institutions witnessed by the official appointed by the Minister of Health. (2) Destroy as referred to in paragraph (1) shall be conducted by preparing a memorandum that at least contains of: a. name, type, nature, and volume; b. information on place, hour, day, date, month, and year to conduct destroy; and c. signature and full identity of implementation and the official observing such destroy. (3) Further provision concerning requirement and procedure on narcotics destroy as referred to in paragraph (1) shall be governed in a Decree of the Minister of Health. Article 62 (1) Narcotics Destroy as referred to in Article 60 letter d shall be conducted based on provisions as the following: a. If Narcotics destroy is still conducted within preliminary investigation and investigation process, such destroy shall be committed by National Police investigators of the Republic of Indonesia and witnessed the official representing the public prosecution office, the Ministry of Health, and civil servants investigators who control seized goods; b. If Narcotics destroy is conducting after the court judgment obtain having final legal binding, such destroy shall be conducted by the official of the public prosecution office and witnessed by officials who represent National Police Investigator of the Republic of Indonesia and the Ministry of Health. (2) If in certain circumstance, the officials who represent institutions as referred to in paragraph (1) letter a may not be provided, then destroy of narcotics shall be conducted by National Police Investigator of the Republic of Indonesia witnesses by officials from the crime scene. (3) Destroy of narcotics as referred to in paragraph (1) and paragraph (2) shall be conducted by preparing a memorandum that at least includes: a. name, type, nature, and total amount; b. information on place, hour, and day, date, month and year to conduct destroy; c. information concerning the owner or party controlling narcotics; and d. signature and full identity of executors and officials observing a destroy. (4) Provisions concerning requirement and procedure on destroy as governed in Law Number 8 Year 1981 concerning Criminal Procedure Law shall be applicable for narcotics destroy, unless it is stipulated differently in this Law. CHAPTER XI 16
INVESTIGATION, PROSECUTION, AND EXAMINATION BEFORE THE COURT Article 63 Investigation, prosecution, and examination before the court against the crime of Narcotics, shall be conducted based on prevailing laws and regulation, otherwise stipulated differently in this Law. Article 64 Narcotic cases shall be preferred cases from other cases to be proposed to the court to be completed immediately. Article 65 (1) Besides National Police Investigators as governed in Law Number 8 Year 1981 concerning Criminal Procedure Code, to certain civil servant investigators that their scope of duties and authority include the matters of Narcotics may be given special authority as investigators of the crime of Narcotics. (2) Certain civil servant investigators as referred to in paragraph (1) shall be authorized to: a. examine on the truth of reports and information on the crime of narcotics; b. examine person(s) suspected to commit the crime of narcotics; c. request for information and evidence from individuals or legal entities in relation with the crime of narcotics; d. examine or seize substances or evidence on cases of the crime of narcotics; e. examine letters and/or other documents concerning the crime of narcotics; f. request for assistance from experts in conducting investigation against the crime of narcotics; and g. arrest and detain person(s) suspected to commit the crime of narcotics. Article 66 (1) Investigator shall be authorized to open and examine any package sent thru postal service and other connecting equipments that are suspected to have relation with the crime of narcotics being investigated. (2) National Police investigators of the Republic of Indonesia who are given duties to conduct preliminary investigation and investigation against the crime of narcotics shall be authorized to conduct tapping against conversations thru telephone or other telecommunication devices committed by person(s) suspected to discuss concerns related with the crime of narcotics. (3) Tapping measure as referred to in paragraph (2) shall be conducted within no later than 30 (thirty) days. Article 67 (1) Investigator may conduct an arrest against any person suspected based on sufficient preliminary evidence to commit the crime of narcotics within no later than 24 (twenty four) hours. 17
(2) If time period for examining as referred to in paragraph (1) has not sufficient, direct supervisor of investigator may provide a permission to extend said arrest within no later than 48 (forty eight) hours. Article 68 National Police investigators of the Republic of Indonesia shall be authorized to conduct investigative techniques supervised and undercover operations. Article 69 (1) Investigator conducting a seizure against narcotics, or suspected to be narcotics, or contains of narcotics shall be obliged to seal and prepare a memorandum of seizure on the day with a seizure is conducted, minimum include: a. name, type, nature, and total amount; b. information on place, hour, day, date, month, and year to conduct a seizure; c. information on the owner or party controlling narcotics; and d. signature and full identity of investigators conducting a seizure. (2) If seizure as referred to in paragraph (1) conducted by a civil servant investigator, investigator shall be obliged to inform or send said seized goods to National Police investigators of the Republic of Indonesia at site within no later than 3 X 24 (three times twenty four) hours as from seizure and a copy of memorandum is sent to the Head of District Prosecution Office at site, and an officer appointed by the Minister of Health. (3) If seizure as referred to in paragraph (1) conducted by Investigator an Official of National Police investigators of the Republic of Indonesia, investigator shall be obliged to inform a seizure conducted to the Head of District Prosecution Office at site within no later than 3 X 24 (three times twenty four) hours as from seizure and a copy of memorandum is sent to the Chairman of District Court at site and an officer appointed by the Minister of Health. (4) National Police investigators of the Republic of Indonesia who obtains delivery of seized goods as referred to in paragraph (2), shall be obliged to seal and prepare a memorandum that at least includes; a. name, type, nature, and total amount; b. information on place, hour, day, date, month, and year of seized goods delivery by investigator; c. information on the owner or party controlling narcotics; and; d. signature and full identity of an official who transfers seized goods. (5) For the purpose of investigation, prosecution, and examination before the court, investigator shall take parts of seized goods to be examined or tested in certain laboratory appointed by the Minister of Health, and shall be conducted within no longer than 3 X 24 (three times twenty four) hours as from a seizure is conducted. (6) Investigator shall be responsible on storage of seized goods. (7) Further provisions concerning requirement and procedure to taking samples and examination in laboratory shall be governed in a Decree of the Minister of Health. 18
(8) Further provisions concerning requirement and procedure for maintaining narcotics seized shall be determined with Government Regulation. Article 70 (1) After obtaining information on a seizure on narcotics from investigators, the Head of District Prosecution Office at site shall be obliged to determine status of seized goods within no later than 7 (seven) days for the purpose of science development, and/or shall be destroyed. (2) Seized goods that are being maintained in the storage and under control of investigators determined to be destroyed, must be destroyed within no later than 5 (five) days as from an acceptance of an order to destroy from the Head of District Prosecution Office at site. (3) Destroy on seized goods as referred to in paragraph (2) shall be conducted based on Article paragraph (1) letter a. (4) Seized goods for the purpose of science development as referred to in paragraph (1) shall be transferred to the Minister of Health or an appointed official, within no later than 5 (five) days as from an acceptance of an order from the Head of District Prosecution Office at site. (5) Further provision concerning requirement and procedure on implementation of authority as referred to in paragraph (1) shall be determined in a Decree of the Attorney General. Article 71 (1) National Police investigators of the Republic of Indonesia shall be obliged to destroy narcotics plants found within no later than 24 (twenty four) hours as from it was found, after parts of findings are taken for the interest of investigation, prosecution, and examination before the court. (2) Destroy and taking parts of narcotics plants as referred to in paragraph (1) shall be conducted thru preparation of a memorandum that at least includes: a. name, type, nature and total amount; b. information on place, hour, day, date, month, and year found and destroy is conducted; c. information concerning the owner or party controlling plants of narcotics; and d. signature and full identity of an executor and an official who or other parties witnessing a destroy. (3) Parts of narcotics that are not destroyed as referred to in paragraph (1) shall be maintained by National Police investigators of the Republic of Indonesia for the purpose of evidentiary or sent to the Minister of Health or an official appointed for the purpose of science development based on provisions as referred to in Article 69 and Article 70. Article 72 Processes of investigation, prosecution, and examination before the court shall not delay or harm delivery of seized goods based on provisions on time period as referred to in Article 69 and Article 70. Article 73 (1) If in the future it is proved based on the court judgment having final legal binding that seized goods destroyed based on Article 70 and Article 71 are 19
found or obtained legitimately, against the owner of said goods shall be given compensation by Government. (2) Further provision concerning implementation for providing compensation as referred to in paragraph (1) shall be determined with Government Regulation. Article 74 For the purpose of investigation or examination before the court, the suspect or the defendant shall be obliged to provide information on all properties and wealth of spouse, children and any individual or organization known or reasonably suspect to have relation with the crime of narcotics committed by the suspect or the defendant. Article 75 If certain condition, judges shall be authorized to request the defendant to prove that all properties and wealth of his/her spouse, children and any individual or organization are not derived from the crime of narcotics committed by the defendant. Article 76 (1) In the trial, witnesses and other party concerned with narcotic cases being adjudicated shall not be allowed to mention name and address of the reporting party or matters that provide possibility that identity of the reporting party is known. (2) Before the trial is opened, judges shall remind witnesses and other party concerning provisions as referred to in paragraph (1). Article 77 (1) Narcotics and equipments used in committing the crime of narcotics or related with narcotics and its proceeds shall be forfeited for the state. (2) Narcotics subject to forfeiture for the state as referred to in paragraph (1) shall be immediately destroyed, unless parts or whole parts are determined for the purpose of science development. (3) If equipments forfeited as referred to in paragraph (1) shall be properties of the third party who has the good faith, the owner may file a challenge on said forfeiture measure to the court concerned within no later than 14 (fourteen) days as from an announcement of the court judgment at the first stage is conducted. (4) Procedure for destroying and utilization and equipments and the proceeds of the crime of narcotics shall be conducted based on provisions of this Law or provisions of prevailing laws and regulations. CHAPTER XII CRIMINAL PROVISIONS Article 78 (1) Whomsoever without the right and violates the law: a. cultivate, maintain, possess in supplies, hold, maintain, or control Narcotics of Type I in form of plants; or b. hold, maintain to be possessed or for supplies, or control Narcotics of Type I other than in form of plants, shall be imprisoned within no longer than 10 (ten) years and shall be fined no more than Rp. 500,000,000.00 (five hundred million rupiah). 20
(2) If the crime as referred to in paragraph (1) is firstly committed with a conspiration, shall be imprisoned within no less than 2 (two) years and within no later than 12 (twenty) years and shall be fined no less than Rp. 25,000,000.00 (twenty five million rupiah) and no more than Rp. 750,000,000.00 (seven hundred fifty million rupiah). (3) If the crime as referred to in paragraph (1) is organized committed shall be imprisoned within no less than 3 (three) years and within no later than 15 (fifteen) years and shall be fined no less than Rp. 100,000,000.00 (one hundred million rupiah) and no more than Rp. 2,500,000,000.00 (two billion five hundred million rupiah). (4) If the crime as referred to in paragraph (1) committed by a Corporation, shall be fined no more than Rp. 5,000,000,000,00 (five billion rupiah). Article 79 (1) Whomsoever without the right and violates the law: a. hold, maintain to be possessed or for supplies, or control Narcotics of Type II, shall be imprisoned within no longer than 7 (seven) years and shall be fined no more than Rp. 250,000,000.00 (two hundred five hundred million rupiah); b. hold, maintain to be possessed or for supplies, or control Narcotics of Type III, shall be imprisoned within no longer than 5 (five) years and shall be fined no more than Rp. 100,000,000.00 (one hundred million rupiah). (2) If a crime as referred to in: a. paragraph (1) letter a is firstly committed with a conspiration, shall be imprisoned within no longer than 10 (ten) years and shall be fined no more than Rp. 400,000,000.00 (four hundred million rupiah); b. paragraph (1) letter b is firstly committed with a conspiration, shall be imprisoned within no longer than 7 (seven) years and shall be fined no more than Rp. 150,000,000.00 (one hundred fifty million rupiah). (3) If a crime as referred to in: a. paragraph (1) letter a is organized committed, shall be imprisoned within no longer than 12 (twelve) years and shall be fined no more than Rp. 2,000,000,000.00 (two billion rupiah); b. paragraph (1) letter b is organized committed, shall be imprisoned within no longer than 10 (ten) years and shall be fined no more than Rp. 400,000,000.00 (four hundred million rupiah); (4) If a crime as referred to in: a. paragraph (1) letter a committed by a Corporation, shall be fined no more than Rp. 3,000,000,000.00 (three billion rupiah); b. paragraph (1) letter b committed by a Corporation, shall be fined no more than Rp. 1,000,000,000.00 (one billion rupiah). Article 80 (1) Whomsoever without the right and violates the law: a. produce, assemble, extract, convert, construct, or supply Narcotics of Type I, shall be punished with capital punishment or shall be sentenced for life, or shall be imprisoned within no later than 20 ( twenty) years and shall be fined no more than Rp. 1,000,000,000.00 (one billion rupiah); 21
b. produce, assemble, extract, convert, construct, or supply Narcotics of Type II, shall be imprisoned within no longer than 15 (fifteen) years and shall be fined no more than Rp. 500,000,000.00 (five hundred million rupiah); c. produce, assemble, extract, convert, construct, or supply Narcotics of Type III, shall be imprisoned within no longer than 7 (seven) years and shall be fined no more than Rp. 200,000,000.00 (two hundred million rupiah). (2) If a crime as referred to in: a. paragraph (1) letter a is firstly committed with a conspiration, shall be punished with capital punishment or shall be sentenced for life or shall be imprisoned within no less than 4 (four) years and within no later than 20 (twenty) years and shall be fined no less than Rp. 200,000,000.00 (two hundred million rupiah) and no more than Rp. 2,000,000,000.00 (two billion rupiah); b. paragraph (1) letter b is firstly committed with a conspiration, shall be imprisoned within no longer than 18 (eighteen) years, and shall be fined no more than Rp. 1,000,000,000.00 (one billion rupiah); c. paragraph (1) letter c is firstly committed with a conspiration, shall be imprisoned within no longer than 10 (ten) years, and shall be fined no more than Rp. 400,000,000.00 (four hundred million rupiah); (3) If a crime as referred to in: a. paragraph (1) letter a is organized committed, shall be punished with capital punishment or shall be sentenced for life or shall be imprisoned within no less than 5 (five) years and within no later than 20 (twenty) years and shall be fined no less than Rp. 500,000,000.00 (five hundred million rupiah); and no more than Rp. 5,000,000,000.00 (five billion rupiah); b. paragraph (1) letter b is organized committed, shall be imprisoned within no longer than 20 (twenty) years and shall be fined no more than Rp. 3,000,000,000.00 (three billion rupiah); c. paragraph (1) letter c is organized committed, shall be imprisoned within no longer than 15 (fifteen) years and shall be fined no more than Rp. 2,000,000,000.00 (two billion rupiah); (4) If a crime as referred to in: a. paragraph (1) letter a is committed by Corporation, shall be fined no more than Rp. 7,000,000,000.00 (seven billion rupiah); b. paragraph (1) letter b is committed by Corporation, shall be fined no more than Rp. 4,000,000,000.00 (four billion rupiah); c. paragraph (1) letter c is committed by Corporation, shall be fined no more than Rp. 3,000,000,000.00 (three billion rupiah). Article 81 (1) Whomsoever without the right and violates the law: a. carry, transport, send or transit Narcotics of Type I, shall be imprisoned within no longer than 15 (fifteen) years and shall be fined no more than Rp. 750,000,000.00 (seven hundred fifty million rupiah); 22
b. carry, transport, send or transit Narcotics of Type II, shall be imprisoned within no longer than 10 (ten) years and shall be fined no more than Rp. 500,000,000.00 (five hundred million rupiah); c. carry, transport, send or transit Narcotics of Type III, shall be imprisoned within no longer than 7 (seven) years and shall be fined no more than Rp. 200,000,000.00 ( two hundred million rupiah). (2) If the crime as referred to in paragraph (1) is firstly committed with a conspiration, against the crime as referred to in: a. paragraph (1) letter a, shall be imprisoned within no less than 2 (two) years and within no later than 18 (eighteen) years and shall be fined no less than Rp. 100,000,000.00 (one hundred million rupiah) and no more than Rp. 2,000,000,000.00 (two billion rupiah); b. paragraph (1) letter b, shall be imprisoned within no longer than 12 (twenty) years and no more than Rp. 1,000,000,000.00 (one billion rupiah); c. paragraph (1) letter c, shall be imprisoned within no longer than 9 (nine) years and no more than Rp. 500,000,000.00 (five hundred million rupiah). (3) If a crime as referred to in: a. paragraph (1) letter a is organized committed, shall be punished with capital punishment or shall be sentenced for life or shall be imprisoned within no less than 4 (four) years and within no later than 20 (twenty) years and shall be fined no less than Rp. 500,000,000.00 (five hundred million rupiah) and no more than Rp. 4,000,000,000.00 (four billion rupiah); b. paragraph (1) letter b is organized committed, shall be imprisoned within no longer than 15 (fifteen) years and shall be fined no more than Rp. 2,000,000,000.00 (two billion rupiah); c. paragraph (1) letter c is organized committed, shall be imprisoned within no longer than 10 (ten) years and shall be fined no more than Rp. 1,000,000,000.00 (two billion rupiah). (4) If a crime as referred to in: a. paragraph (1) letter a is committed by Corporation, shall be fined no more than Rp. 5,000,000,000.00 (five billion rupiah); b. paragraph (1) letter b is committed by Corporation, shall be fined no more than Rp. 3,000,000,000.00 (three billion rupiah); c. paragraph (1) letter c is committed by Corporation, shall be fined no more than Rp. 2,000,000,000.00 (two billion rupiah). Article 82 (1) Whomsoever without the right and violates the law: a. Import, export, offer for sale, distribute, sale, surrender, obtain, acting as an intermediary in transaction, a facilitator for changing Narcotics of Type I, shall be punished with capital punishment or shall be sentenced for life, or life imprisonment, or shall be imprisoned within no later than 20 (twenty) years and shall be fined no more than RP. 1,000,000,000.00 (one billion rupiah); b. Import, export, offer for sale, distribute, sale, surrender, obtain, acting as an intermediary in transaction, a facilitator for changing Narcotics of Type 23