Drugs: Definitions, Components, Health Impacts and Legal Sanctions for Misuse

UNGKIT.COM – Drugs is an Indonesian acronym standing for narcotics, psychotropics, and other addictive substances. These are substances that, when introduced into the human body—whether ingested orally, inhaled, or injected—can alter a person's thoughts, mood, feelings, and behavior.

Narcotics: Natural, synthetic, or semi-synthetic substances or drugs that can cause a decrease in or alteration of consciousness, loss of sensation, and the reduction or elimination of pain. Examples include marijuana, opium, and morphine.

Psychotropics: Natural or synthetic (non-narcotic) substances or drugs that possess psychoactive properties, acting selectively on the central nervous system to cause distinct changes in mental activity and behavior.

Other Addictive Substances: Materials or substances that significantly affect the central nervous system and can lead to dependency (addiction) if misused; examples include alcohol, nicotine, and inhalants (such as glue or gasoline).

Some of these substances have therapeutic benefits when used for medical purposes at appropriate dosages and under a doctor's supervision. However, when misused, they can severely damage health and even endanger lives.

These substances can be classified based on their physiological effects and their legal categories under Indonesian law.

The negative impacts of drug abuse include permanent damage to bodily organ functions and the nervous system. Addiction makes it difficult for an individual to break free from the habit and creates a constant need for higher doses.

Furthermore, drug abuse can lead to mental health issues—such as depression, paranoia, or extreme anxiety—and a loss of social control; these consequences can damage relationships with family and friends, as well as diminish personal achievements or productivity.

Under Law Number 35 of 2009 concerning Narcotics, narcotics in Indonesia are categorized into three groups based on their potential for addiction and their therapeutic benefits: Group I, Group II, and Group III Narcotics.

Group I Narcotics: Characterized by use in scientific research; these substances are prohibited for medical treatment and carry a very high potential for addiction. Examples include marijuana, crystal methamphetamine, cocaine, opium, and heroin.

Group II Narcotics: Characterized by their therapeutic efficacy; they serve as a last-resort option in therapy and may be used for scientific research. They carry a high potential for addiction. Examples include morphine, pethidine, ecgonine, and etomidate (the latter being included under the most recent legal updates).

Group III Narcotics: Characterized by their therapeutic efficacy; they are frequently used in therapy or scientific research and carry a low potential for addiction. Examples include codeine, ethylmorphine, and pholcodine.

Criminal penalties associated with narcotics classification are specifically regulated under Law No. 35 of 2009 concerning Narcotics. Legal sanctions vary based on the substance's classification and the offender's actions (i.e., whether they are a user, distributor/dealer, or producer).

The following are the details regarding legal sanctions and potential criminal penalties for each class of narcotics:

Substances with a very high potential for dependency that are prohibited for medical use, such as marijuana, crystal methamphetamine, cocaine, heroin, and opium.

Users face a maximum prison sentence of 4 years (under the Narcotics Law). Note: With the implementation of the New Criminal Code (Law No. 1 of 2023) and restorative justice mechanisms, individuals who are solely users are encouraged to undergo medical and social rehabilitation rather than imprisonment.

Possessors/storers face imprisonment of 4 to 12 years and a maximum fine of IDR 8 billion. If the evidence exceeds 1 kilogram (plant-based) or 5 grams (non-plant-based), the penalty increases to life imprisonment or 5 to 20 years in prison, with the fine increased by one-third.

Producers/distributors/dealers face imprisonment of 5 to 20 years, life imprisonment, or even the death penalty, as well as a maximum fine of IDR 10 billion.

Substances with therapeutic value but used as a last resort due to high dependency potential, such as morphine and pethidine.

Users face a maximum prison sentence of 2 years or a rehabilitation order.

Possessors/storers face imprisonment of 3 to 10 years and a maximum fine of IDR 5 billion. If the amount exceeds 5 grams, the penalty increases to 5 to 15 years in prison.

Producers/distributors/dealers face imprisonment of 4 to 15 years. If the evidence exceeds 5 grams, the penalty may be the death penalty, life imprisonment, or 5 to 20 years in prison.

Substances with broad therapeutic value and frequent use in therapy, with low dependency potential, such as codeine.

Users face a maximum prison sentence of 1 year or a rehabilitation order. Owners or possessors face a prison sentence of 2 to 7 years and a maximum fine of IDR 3 billion. If the weight exceeds 5 grams, the penalty increases to 3 to 10 years in prison.

Producers, distributors, or dealers face a prison sentence of 3 to 10 years. If the evidence exceeds 5 grams, the penalty is increased to 5 to 15 years in prison.

It should be noted that narcotics law enforcement is currently undergoing adjustments regarding applicable articles following the enactment of the National Criminal Code (Law No. 1 of 2023).

Provisions prohibiting the unauthorized possession and production of substances have been partially integrated into Articles 609 and 610 of the New Criminal Code, which focus on imposing severe, cumulative sanctions on the network of distributors, couriers, and kingpins.

Meanwhile, Articles 111 and 114 of the Narcotics Law remain in effect as *lex specialis* (special provisions) regarding the trafficking of plants and sales transactions.

Types of criminal penalties or sanctions under the New Criminal Code (Law No. 1 of 2023) are divided into three main categories pursuant to Article 64: principal penalties, additional penalties, and special penalties.

According to Article 65 paragraph (1) of the New Criminal Code, principal penalties consist of five types, ranked from most severe to least severe: imprisonment, *tutupan* (confinement), supervision, fines, and social work.

Based on Article 66 paragraph (1) of the New Criminal Code, additional penalties include the revocation of certain rights, the forfeiture of specific goods and/or claims, the public announcement of the judge's verdict, the payment of compensation, and the fulfillment of local customary obligations and/or obligations under "living law."

Finally, special penalties apply to specific criminal offenses as stipulated by law (for instance, serious crimes such as corruption or terrorism). (*)

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