Bali, Drugs, and Australians...

When will Australians learn that carrying drugs in Indonesia is a serious criminal offense? The odds are such that it really is only a matter of time, sooner or later you will get caught out. The penalties that attach to drug offenses reflect the seriousness that Indonesian law enforcement view this issue. If one has any doubts, then have a look at the Schapelle Corby case or those of the Bali Nine. Or, if you are more interested in seeing how you can do as little time as possible for indulging in your excesses, then have a look at the Michele Leslie (or Lee) or Robert McJannett cases (McJannett has indicated that he is petitioning for bankruptcy as his freedom, after a short jail stint, cost him AUD 71,000+).

An Australian, Angus McCaskill, was arrested in the Tuban district in Bali with five packets of cocaine in his possession.

The police have not said whether MCaskill was dealing or whether the cocaine was for personal consumption (red: addiction). This determination will be important in determining how much jail time McCaskill is likely to do. Having not seen the fact sheet it is difficult to say which way his legal representatives should go, but my guess is that if a guilty plea is the option chosen then this will be accompanied by relevant supporting documents to suggest that the fellow is an addict and the drugs were for personal consumption.

This would fall within the gambit of a Supreme Court Circular which directs District Courts to sentence offenders to rehabilitation type facilities or to shorter jail terms where the offenders can get the rehabilitation treatment that they need to be re-integrated into the broader community.

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.