Dissemination and Death Penalty of Narcotics and Drug Trafficking as a Transnational Crime in Indonesia By : Hanif Julianto F.
INTRODUCTION Narcotics and drug trafficking issue was became unsettling problem in many country,especially ASEAN.There were many country against and attempt to eradicate the illegal drugs cultivation,production,trafficking,and abuse.There are recognized as criminal acts that become the major problem of Government of Indonesia.The number of drugs abusers in Indonesia is the highest among Southeast Asian countries.1The strategic location of Indonesia is located on two continents(Asia and Australia) and two oceans(India and Pacific),exploited by transnational organized crime to carry out the activities of narcotics in Indonesia.Another factor influencing the narcotics and drugs trafficking in Indonesia is factor of globalization on the world stage,in which the development of science and technology so rapidly,especially in the fields of transportation,communication and information has made the world borderless and increasingly facilitate the smuggling of narcotics between countries including Indonesia,Indicators of missuse the opening of free market factors Southeast Asia Free Trade Area(AFTA) sicne 2003,Factors weakness of policy and law enforcement in handling the problem of narcotics in Indonesia are often exploited by drug syndicates to expand its network.Drug dealers take advantage of the application of the law states still lose.Regulation substance narcotic in Indonesia on one side already considered tight enough example adopts the death penalty,but the question of its success is dependent on the political will of law enforcement officials to really want or do not want apply the law strictly and clearly narcotics and other factors are population size in Indonesia,population in Indonesia almost reached 250 million people which were many drugs dealers,smugglers,etc get easily to distributed their drugs2.Not surprisingly drugs and narcotics can be found every level from among children until adulthood,and from 1 http://www.issdp.org/conference-papers/2012/2012_papers 2 http://www.journal.unair.ac.id/download-
the bottom up officials,among artist,politicans and law enforcement and etc.Beside of population factors Indonesia is archipelago country that widespreading of drugs is mostly from sea which get attention from government to tighten the immigration protection through port or harbor3.
Therefore to control and underlines this issue Indonesia has Law of The Republic Indonesia Number 35 Year 2009 about narcotics,considering prevention and eradication of danger of narcotics and strict controlling to import,export,produce,plant,store,distribute,and using narcotics.4
BACKGROUND Regarding usage drug in Indonesia happen for a long time most societies have used various forms of mood altering substances for diverse reasons,including for recreational healing or spiritual purposes.Like many other societies ,the use of these substances is not a new phenomenon in Indonesia.Although the use of intoxicants is expressly forbidden within Moslem.According to history and studies highlighted that the consumption of varied forms of these substances is common among many ethnic groups in the archipelago.Since the first trade of opium in java recorded in the dutch colonial era in the 17th century and soon became active for opium commercial.With such a long history of contact with drug taking and drug dealing it is not surprising that there are high levels of drug use and drug related harms in the contemporary Indonesia.A national survey conducted by the Indonesian National Narcotics Board(BNN) in 2005 found 6 percent of the total population had consumed illicit drugs at least once in their life time , 1 percent used drugs on a regular basis,and 25 percent of those who use drugs regularly were heavily dependent and injecting drugs5.With the permeable borders of its 3 http://www.issdp.org/conference-papers/2012/2012_papers 4 http://peraturan.go.id/uu/nomor-35-tahun-2009.html 5 Indonesian National Narcotics Board (BNN ). (2005). Estimate of the number of drug users in Indonesia. Unpublished document.
numerous island and the fact that Indonesia is geographically close to the Southeast Asian Golden Triangle ( Main source of opium in the region ) it is not surprising that since the late 1990s Indonesia has become a great market for heroin and currently also a rising market for amphetamines6.The Indonesia National Narcotics Board report that cannabis is the most common drug taken by young people,followed by heroin amphetamine type stimulants(ATS) and cocaine.Furthermore ,there is increased availability as well as young people’s greater acces to night or party drugs sucs as ectasy in Indonesia.Within Indonesia growth our president Jokowi declared that declare state of a emergency on narcotics entering the country.Due to rises in cases related to narcotics in Indonesia,the government is stiffening for drug offences.For this time anyone who violated certain drug laws in the nation may end up serving a minimum of four years in prison time.Depending on the severity of the violations,the government may even sentence more drug offenders to death.But even with stricter laws,the country’s overall rule of law is still lack in the eyes of international community.Additionally the nation lacks adequate law enforcement to police major offenses like bulk drug trafficking,especially when the country has thousands of remote island with no oversight from the government.And related to Indonesia culture of corruption and its represents a ripe location for regional drug deals.7
BASIC REGULATION In Indonesia there were several regulation to supervise and surveillance regarding narcotics itself,namely 1.Law of The Republic of Indonesia Number 35 Year 2009 about narcotics8
6 International Drug Policy Consortium (2010). Drug policy guide. IDPC. 7 http://www.issdp.org/conference-papers/2012/2012 8 http://peraturan.go.id/uu/nomor-35-tahun-2009.html
2.Regulation of Health Minister Number 2 Year 2017 about amendment of narcotics classification 9 3.Regulation of Health Minister Number 41 Year 2017 about amendment of narcotics classification 4.Regulation of Health Minister Number 3 Year 2017 about amendment of Psychotropic classification.10 5.Injunction of Constitutional Court Number 48/PUU-IX/2011 (Extraordinary Crime) 6.The single convention on Narcotics Drugs ,1961 7.United nation convention against illicit traffic in Narcotic Drug and Psychotropic Substances,1998. 8.Law no 2/PNPS/1964 tentang tat acara pelaksaan pidana mati yang dijatuhkan oleh pengadilan di lingkungan peradilan umum dan militer
MAIN ISSUE Dissemination of drug and narcotics in Indonesia were rooted in Indonesia which is Drug Trafficking is become serious threat for countries in South East Asia especially Indonesia therefore to create free drugs region certainly is not easy for like geographical realities along with the close cultural and economic ties across border which Indonesia has been categorized emergency for narcotics and declared war against narcotics and illegal narcotics and drugs categorized as a transnastional crime that affected to safety but Indonesia already ratified United nation convention against illicit traffic in Narcotic Drug and Psychotropic Substances 11.12 Every society and countries need to give attention and main priority for narcotics eradication according to development of national law system and also law enforcement to conducted coorperation with ASEAN to spreading supervises and missuse psychotropic however 9http://jdih.pom.go.id/produk/peraturan%20menteri/2.%20Permenkes %202%20Tahun%202017.pdf 10http://jdih.pom.go.id/produk/peraturan%20menteri/2.%20Permenkes %202%20Tahun%202017.pdf 11 Asia, International Drug Trafficking, and U.S.-China Counternarcotics Cooperation CNAPS Visiting Fellow Working Paper
12 https://www.unodc.org/pdf/convention_1988_en.pdf
government declared the law number 35 year 2009 to combat the dissemination of narcotics .Likewise with the increased rapidly production of ectasy and become top marijuana dealer in the world.Since long history of contact with drug taking and drug dealing,it is not surprising that there are high levels of drug use and drug related harms in the contemporary Indonesia,There were repressive and punitive to maintain Indonesian laws on narcotics and physchotropics allow sweeping arrest and lengthy prison sentences for trafficker,dealers and individuals found in possession of drugs.Those found guildty of being involved in drug trafficking and drug dealing may be sentence to more than nine years in prison or even the death penalty in certain circumstances.Those found in possession of even a small amount of narcotics may face up to nine years in prison,including pre trial detention periods that can persist for months.The Indonesian law on narcotics do not provide detailed guidelines for sentencing based on the amount of narcotics in possession,So judges usually exercise broad discretion in drug cases and frequently issue draconian sentences.13 In addition,government officials statement frequently indicate and agrresive approach toward drugs and drug users.For example,in 2000 the Minister for Youth and Sport maintained that drug takers may be dealt with through street justice,thus giving official sanction to actions outside of the law.Beside government officials do their aggressive action ,there were several communities punitive attitudes toward drug use can also be viewed through the emergence of populist and militant organization including GERAM which mean The People’s Anti Addiction Movement that declared it to fight and combat to the death against drugs.Another militant organization is GANAS which mean the Anti Narcotics Movement that aimed to monitor court hearings process and frequently decorates the court with strong antidrug banners.But unfortunately their action still inconsistent and unsynergic,they more always highlited and find the weakness and fault from investigator instead of conducted a coorperation,in otherwords in partnership levels with law enforcement apparatus still impugn.14 In order to combat drugs trafficking several country in Asia already demonstrates the law practice with the death penalty for drug offences for example China was the first and only country identified as having the death penalty for drug in 13 http://www.worldcoalition.org/media/resourcecenter/EN_WD2015_Factsheet.pdf 14https://www.fidh.org/IMG/pdf/asia_death_penalty_drug_crimes_fidh_wcadp_repor t_oct_2015_pdf.pdf
the post World war II period and recently Precident of Philippines,Durtete conducted a death sentences for drug offenses but Indonesia in 2015 included following a number of executions of death sentences for drug offenses,in order to President of Republic Indonesia year ago there was two Australian were executed by death sentences however many pro and contra towards death sentences still ongoing according to the data in 2015 Indonesia resumed executions by sending 14 people the firing squad for drug offences but there are parties who stated that Indonesia still not strong enough to execute drug offences with death penalty because Indonesian Law still do not regulate specifically15.But it still uncertain its death penalties are proper to do or not ,nonetheless the purpose applied death sentences in Indonesiais to give deterrent effect for perpetator.Despite death penalty had been debatable case on old narcortics law number 22 year 1997 in Constitution Court 2007 and finally constitution court defending death penalty included to “extraordinary crime� therefore the enforcement itself need special treatment to threatened and repressived the drug perpetrator which is implemented heavy punishment which death penalty.16
CONCLUSION On this paper shown that according to geographically and nation frontier with every countries surround Indonesia were effected to drugs trafficking and smuggling since Indonesia was archipelago country there were many obstacles and chance to disseminated drugs and narcotic to inside Indonesia and affected to safety and health to society.Based on history Indonesia recorded obtain opium from long time ago when colonialism exist and the existence of golden triangle which central drug dealer Indonesia was become seiuzure areas to distributed many kind of drugs.So many parties 15 https://ejournal.unri.ac.id/index.php/JTS/article/view/1802/1773 16 http://www.hukumonline.com/klinik/detail/cl441/hukuman-mati
believed Drugs were became transnational crime which it is very dangerous for ts dissemination and also believed Indonesia to treat death sentences among drugs offences but Governemnt officials and law enforcement need to completed their homework to completed the law and make it specificly to regulate death sentence in Indonesia.However there was several Non Governmental organization but they did not give government enough neither assistances nor support but only horrible critize against law enforcement.Many law enforcement contented which is death penalty is proper or not but after all Indonesia been through Constitutional court stated that drugs is an extraordinary crimes that need special treatment to supervise and convict perpetrator so until now death penalty is allowed in Indonesia reviewed how advanced their offenced levels.
BIBLIOGRAPHY http://www.who.int/substance_abuse/publications/atlas_report/profiles/indonesia.p df http://www.mdpi.com/2075-471X/2/2/115/htm http://digitalcollections.sit.edu/cgi/viewcontent.cgi? article=2822&context=isp_collection http://www.bbc.com/indonesia/berita_indonesia/2016/04/160428_indonesia_ekseku si_mati