Maximum Penalty for Drug Dealers

PERTANYAAN

I had a case where I was told by a friend to pick up an item in a cardboard box at a terminal. I knew that it was narcotics, and I had done this many times.

So, am I a drug dealer? What are the elements of a drug dealer according to the drug laws in Indonesia? Then, is there a law that regulates drug trafficking in Indonesia? What is the maximum punishment for drug makers and dealers? Thank you for your answer.

INTISARI JAWABAN

Basically, people who transport, carry, or send narcotics can be categorized as drug dealers who can be charged under the Narcotics Law.

Please note that the maximum penalty for drug traffickers is the death penalty. How does the legal provision read?

Please read the review below for a further explanation.

 

ULASAN LENGKAP

This article is an English translation of Jerat Pidana Maksimal Bagi Pengedar Narkoba, written by Tri Jata Ayu Pramesti, S.H. and was published on Friday, 22 September 2023.

This article is the second update of the article entitled Maximum Penalty for Drug Makers and Dealers, which was first written on Friday, 8 November 2013, and updated on Thursday, 28 April 2022.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Definition of a Narcotics Dealer

According to our research, there is no explicit definition of a dealer in the Narcotics Law and its amendments. However, according to the Official Dictionary of the Indonesian Language, pengedar in Bahasa Indonesia, or a dealer is a person who distributes, that is, a person who carries (conveys) something from one person to another.

Then in Indonesian legislation, the definition of narcotics is regulated in Article 1 number 1 Narcotics Law, namely:

Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and cause dependence, which are divided into groups as attached to this Law.

Furthermore, as explained in the article Owner of Marijuana Butts = Marijuana Dealer?, Lilik Mulyadi in Pemidanaan Terhadap Pengedar dan Pengguna Narkoba (pp. 2-3) explains that implicitly and narrowly it can be said that, drug dealers are people who carry out activities of distribution and delivery of narcotics/psychotropic drugs. Broadly speaking, the definition of a dealer can also be carried out and oriented to the dimensions of the seller, and buyer to be distributed, transporting, storing, controlling, providing, exporting, and importing narcotics/psychotropic drugs.

Furthermore, Ratna WP in her book entitled Aspek Pidana Penyalahgunaan Narkotika: Rehabilitasi Versus Penjara (p. 19) explains that a narcotics/psychotropic drug dealer is a person who distributes or delivers narcotics, either in the context of trade, non-trade or alienation, for the benefit of health services and the development of science and technology.

Answering your question, from the definition of a dealer above we can outline the actions that are considered drug dealing, namely:

• who distributes narcotics;
• those who deliver narcotics;
• seller of narcotics;
• the buyer of narcotics and then distributes it again;
• transporters of narcotics;
• the keeper of narcotics;
• who controls narcotics;
• who provides narcotics;
• those who export and/or import drugs.

In conclusion, if you take drugs, transport them, move them from one place to another, and hand them over to others, then you can be categorized as a drug dealer.

Penalties for Drug Dealers

Sanctions for narcotics and dangerous drug dealers, especially drug transporters, are regulated in Article 115, Article 120, and Article 125 Narcotics Law. What distinguishes the sanctions from the three articles is depending on the type/class of narcotics and the weight of narcotics, which we describe one by one as follows:

Article 115

Every person who without the right or against the law carries, sends, transports, or transmits Class I Narcotics, shall be punished with imprisonment for a minimum of 4 years and a maximum of 12 years a fine of at least IDR800 million, and a maximum of IDR8 billion.

In the event that the act of carrying, sending, transporting, or transiting Class I Narcotics as referred to in paragraph (1) in the form of plants weighs more than 1 kilogram or more than 5 tree trunks weighing more than 5 grams, the perpetrator shall be sentenced to life imprisonment or imprisonment for a minimum of 5 years and a maximum of 20 years and the maximum fine as referred to in paragraph (1) plus 1/3.

Article 120

Every person who without the right or against the law carries, sends, transports, or transmits Class II Narcotics, shall be punished with imprisonment of at least 3 years and a maximum of 10 years and a fine of at least IDR600 million and a maximum of IDR5 billion.

In the event that the act of carrying, sending, transporting, or transmitting Class II Narcotics as referred to in paragraph (1) weighs more than 5 grams, the perpetrator shall be sentenced to imprisonment for a minimum of 5 years and a maximum of 15 years and the maximum fine as referred to in paragraph (1) plus 1/3.

Article 125

Every person who without the right or against the law carries, sends, transports, or transmits Class III Narcotics, shall be punished with imprisonment for a minimum of 2 years and a maximum of 7 years and a fine of at least IDR400 million and a maximum of IDR3 billion.

In the event that the act of carrying, sending, transporting, or transmitting Class III Narcotics as referred to in paragraph (1) weighs more than 5 grams, the perpetrator shall be sentenced to imprisonment for a minimum of 3 years and a maximum of 10 years and the maximum fine as referred to in paragraph (1) plus 1/3.

Also read: Newest Narcotics Classification under the Minister of Health Regulation

You also need to know that drug dealers who are involved in producing, importing, exporting, or distributing Class I and II Narcotics can be sentenced to death if the narcotics distributed reach a certain amount.[1]

The death penalty can also be imposed on drug dealers who commit acts of offering for sale, selling, buying, receiving, intermediating in the sale, purchase, exchange, or delivery of Class I and II Narcotics if the narcotics distributed reach a certain amount.[2]

Also read: Procedures for the Execution of the Death Penalty in Indonesia

For information, the death penalty is one of the forms of punishment regulated in the law and is one of the most severe punishments imposed on convicts. However, the death penalty, in the opinion of legal experts, is justified if the criminal has shown from his/her actions that he/she is an individual who is very dangerous to society. Therefore, he/she must be made helpless by being removed from society or from the society.[3]

So, to answer your question, the maximum penalty for drug makers and dealers is the death penalty.

Also read: The Dilemma of Right to Life and Death Penalty in Indonesia

Case Example

To ease your understanding, we will provide an example of a legal case in the Kutacane District Court Decision Number 154/Pid.B/2012/PN-KC. The facts at trial revealed that the defendant and his friend (who was riding a motorcycle) passed by the Southeast Aceh District Police Post which was conducting a routine vehicle inspection by the police. Witnesses from the police smelled marijuana in the bag they were carrying. Apparently, the bag contained Class I Narcotics in the form of plants, namely marijuana weighing 27.7 kilograms. Then, the defendant and his friend explained that the marijuana belonged to a person with an address in Pepelah Village, Pidning Sub-District, Gayo Lues Regency. The defendant and his friend would be paid to bring the marijuana plants when they reached the village (pp. 3-4).

For his actions, the defendant was legally and convincingly proven guilty of committing the crime contained in Article 115 section (2) Narcotics Law jo. Article 55 section (1) number 1 Criminal Code. The judge in his decision sentenced the defendant to imprisonment for 10 years and a fine of IDR1.5 billion with the provision that if the defendant does not pay the fine, it will be replaced by imprisonment for 2 months (p. 17).

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Criminal Code;
2. Law Number 35 of 2009 on Narcotics;
3. Regulation of the Government in Lieu of Law Number 2 of 2022 on Job Creation which has been enacted into law under Law Number 6 of 2023.

Court Decision:

The Decision of the District Court of Kutacane Number 154/Pid.B/2012/PN-KC.

Reference:

1. Lilik Mulyadi. Pemidanaan terhadap Pengedar dan Pengguna Narkoba (Penelitian Asas, Teori, Norma, dan Praktik Penerapannya dalam Putusan Pengadilan). Puslitbang Hukum dan Peradilan Badan Litbang Diklat Kumdil Mahkamah Agung RI, 2012;
2. Ratna WP. Aspek Pidana Penyalahgunaan Narkotika: Rehabilitasi Versus Penjara. Yogyakarta: Legality, 2019;
3. Umar Anwar. Penjatuhan Hukuman Mati Bagi Bandar Narkoba Ditinjau dari Aspek Hak Asasi Manusia (Analisa Kasus Hukuman Mati Terpidana Kasus Bandar Narkoba: Freddy Budiman), Jurnal Legislasi Indonesia, Vol. 13, No. 3, 2016;
4. The Official Dictionary of the Indonesian Language, pengedar (dealer), accessed on Friday, 22 September 2023, at 12.17 Western Indonesian Time (zone).

---

[1] Article 113 section (2) and Article 118 section (2) Law Number 35 of 2009 on Narcotics (“Narcotics Law”).

[2] Article 114 section (2) and Article 119 section (2) Narcotics Law.

[3] Umar Anwar. Penjatuhan Hukuman Mati Bagi Bandar Narkoba Ditinjau dari Aspek Hak Asasi Manusia (Analisa Kasus Hukuman Mati Terpidana Kasus Bandar Narkoba: Freddy Budiman), Jurnal Legislasi Indonesia, Vol. 13, No. 3, 2016, p. 243.