04 May 2009

Indonesian Supreme Court Circular - Drugs

In an interesting move the Indonesian Supreme Court has issued a Circular that directs courts to place drug addicts and users into rehabilitation rather than sending them to prison. The rationale is that the Indonesian prison system is not conducive to the rehabilitation process and will likely result in recidivist behaviour in offenders and this is apparently not the objective of sending someone to prison.

I am all for second chances and rehabilitation.

Essentially, the Circular directs all Chief Judges at the High Court and District Court level to consider placing addicts and users into rehabilitation centres or other acceptable places and into programs such as detoxification (1 month), a primary program (6 months), and a Re-entry Program (6 months).

However, there are strict conditions on the ability for District and High Court judges to place addicts and users into a rehabilitation situation. These conditions include that the addict or user is caught red-handed and their "stash" does not exceed proscribed limits. These limits are:
1. heroin - 0.15 grams;
2. cocaine - 0.15 grams;
3. morphine - 0.15 grams;
4. marijuana - 1 joint or 0.05 grams;
5. ecstasy - 1 tablet;
6. crystal meth - 0.25 grams; and
7. other narcotic drugs in classes I through III and psychotropic drugs in classes I through IV.

It will also require a statement letter evidencing that the individual is in fact using and that the supporting evidence does not indicate that the individual is in fact a dealer or trafficker.

If the addict or user meets these conditions then it is likely that they will now get a slap on the wrist and sent to rehabilitation rather than go to jail.

The Circular is No. 07 of 2009 and is current as of 17 March 2009.

If anyone is interested in a copy of the Circular you could ask hukumonline.

12 comments:

lawbase said...

the anti-sari thing is showing the core is rotten...tisk, tisk

by the way is it possible to search your blog for stuff?? im a blog cripple and cant find the right slot.

boneman said...

Well, I see Anslinger's law is still actively pursued in your area, as well as the USA.
Funny, isn't it? The law got into place in the US by Harry J. Anslinger trying to keep his government job with the DEA.
He invented evidence to prove its damage to humans, he invented cases where folks were bad because of their use of marijuana, and then, because of the stature of the US during the fifties, he convinced the United Nations into passing it as an international law....
All this without one dissenting vote (politics, you know) or any voting by the citizens (most hadn't heard of the plant at all) and without any medical backing at all.

One man, his lies, and a strange bedfellow named politics wrought a law across the world that could have changed the face of drugs and their use for everybody.
Pot doesn't lead to harder drugs, you see. It actually keeps a person from going to harder drugs.

boneman said...

pardo...that should have been keep his job with the FBN.

Rob Baiton said...

Lawbase...

I am still hopeful that Indonesia will rise from the ashes of corruption.

Rotten to the core? Nah, but plenty of decay.

Yep, you can search for "stuff". Usually, in the top left hand corner there is a search facility.

Boneman...

I agree. I have not seen a lot of evidence that makes the connection between the wacky weed and harder drugs.

Harry Nizam H. said...

I hope that it would not be abused by the addicts/users. I remember that many of them have been reported to use Drug Rehabilitation Centers only to get drugs easily.
Thanks for the information.

lawb said...

I was most rewarded by putting KPK in your search button. Thank you for your hard work back then in 2007.

I hope you give us some more thoughts on the selection and dismissal processes of the KPK boss - generally and more specifically in the case of Antasari

Rob Baiton said...

Lawb...

It will be interesting to see how it plays out. If I am not mistaken there was a considerable anti-Antasari sentiment to do with some sordid allegations.

There is a presumption of innocence, so the idea of "non-active" commissioner is seemingly the first step. The best option would be not for the institution to divide up his responsibilities among themselves but rather for Antasari to step aside until the investigation and trial is complete.

Nevertheless, ultimately the result will be Antasari's job will be shared out between the remaining four commissioners until a final and binding legal judgment is reached. So, I guess in that sense it does not matter whether Antasari stands aside or the other four "deactivate" him ;)

However, the call for a full resignation or dismissal seems a little premature. If the law runs its course and he is found guilty then a dismissal would be a mere formality.

I am hearing that the coppers seem to be angling that Antasari is the mastermind of the murder. I think there are a lot of people, journalists included, being caught of guard with the rapid developments.

Simply, there was not a whole lot of gossip in the immediate aftermath of the murder that would have indicated Antasari's involvement.

Once again, on the rotten to the core idea. I still would disagree as the KPK has good people (as do all of Indonesia's departments and agencies) it is always a shame that one (or four or five) bad apple spoils the bunch.

I will probably comment on the case as it progresses and as interesting stuff comes up that is worthy of discussion.

treespotter said...

very diplomatic answer on Antasari.

The president signed off on it, so that's moot.

more interesting, who is to take the vacant seat, the election timing is interesting as now the seat is now a political currency as much as any cabinet seat.

i'm still surprised that nobody picks up on the drug thing.

Rob Baiton said...

Tree...

Diplomatic as always.

Moot, yes and no.

Who will fill the vacant seat assumes that Antasari goes to trial. It is interesting that the current view is that as soon as he becomes "terdakwa" then he is to be dismissed in absolute terms.

If it was "terpidana" then I would accept that the due process has run its course through the initial trial phase and he has been found guilty.

However, even if he is a defendant in a trial then the presumption of innocence would be in force until such time as he has been found guilty.

Technicalities, I know, but interesting all the same.

For example, let's say this thing goes to trial and Antasari becomes a defendant and is dismissed from his position.

If the trial proceeds and the end result is that he is found not guilty of the charges, but has already been dismissed from his position then he has been punished for a crime he did not commit, at least in the eyes of the law.

On the SC Circular, I guess that news is no where near as exciting as visualizing an educated golf caddy polishing the club of the Head of the KPK, while she is the 3rd wife of someone else.

jesseb's anything goes said...

You have a great article if it weren't for friends writing these articles we here in America would never know, great writing.

Rob Baiton said...

Jesseb...

You're welcome.

Rob Baiton said...

To All...

I have written elsewhere that where there is smoke there is most likely fire. I am going to go out on a limb and state that I am leaning towards there being fire in the Antasari case.

There are many commentators, Indonesian and non-Indonesian, who are suggesting that this is revenge and a frame-up.

In line with the smoke and fire analogy, the suggestion that this is a frame-up indicates a conspiracy of the highest order that could not conceivably be maintained and would unravel at the earliest opportunity.

This is high profile and as such if it is a stitch-up as many claim, then there are so many others that could have been stitched-up other than Antasari.

Simply, there seems no point in bringing down Antasari if he is not involved.

Antasari has been caught out, at least with his pecker out of his pants and in the hands of an "educated" golf caddy who is being portrayed in the media as an excellent handler of sticks, or is that drivers, for the right fee. I cast no aspersions on the girl, I do not know her.

Let's face it, my reading of the news reports to date suggest, the girl is alleged to have panicked and called the police which really got the ball(s) rolling, so to speak.

However, I am far from convinced Antasari has been set up.

Maybe it is time to do an individual post on the unfolding mess surrounding the Head of the KPK.