Name : Hindra Sergio

NIM : 2110117755
Class : Pagi A1
Subject : English

In Law Number 35 of 2009 concerning Narcotics (“Narcotics Law”). Based on the Narcotics
Law, narcotics are substances or drugs originating 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 can cause dependence, which are divided into groups- groups as
attached in the Narcotics Law.

Narcotics can only be used for the benefit of health services and/or the development of
science and technology.
The definitions of narcotics abusers and addicts as regulated in Article 1 number 15 and
number 13 of the Narcotics Law are as follows:

Article 1 number 13
Narcotics addicts are people who use or abuse Narcotics and are in a state of dependence on
Narcotics, both physically and psychologically.

Article 1 number 15
Abusers are people who use Narcotics without rights or against the law.

Abuse of narcotics without rights or against the law whose types and classifications are
regulated in the Narcotics Law is a crime punishable by imprisonment, and if proven to be
addicts/victims of narcotics abusers, they are obliged to undergo medical rehabilitation and
social rehabilitation.

Article 127 of the Narcotics Law states the following:

1. Any Abusers:
a. Narcotics Category I for oneself shall be sentenced to a maximum imprisonment of
4 (four) years;
 b. Narcotics Category II for oneself shall be sentenced to a maximum imprisonment of
2 (two) years; and
c. Narcotics Category III for oneself shall be sentenced to a maximum imprisonment
of 1 (one) year.

2. In deciding the case as referred to in paragraph (1), the judge is obliged to pay
attention to the provisions as referred to in Article 54, Article 55, and Article 103;
3. In the event that the abuser as referred to in paragraph (1) can be proven or proven to
be a victim of narcotics abuse, the abuser is obliged to undergo medical rehabilitation
and social rehabilitation.

Continuing your question, are there laws or sanctions governing people who help protect or
hide drug abusers?

This has actually been regulated in Article 221 paragraph (1) of the Criminal Code
(“KUHP”) which reads in full as follows:

Threatened with a maximum imprisonment of nine months or a maximum fine of four

thousand five hundred rupiah:
1. any person who intentionally hides a person who has committed a crime or who is
being prosecuted for a crime, or who provides assistance to him to avoid being
investigated or detained by a judicial officer or police officer, or by another person
who, according to the provisions of the law, is continuously or temporarily
assigned carry out police positions;
2. any person who after a crime has been committed and with the intent to cover it up
or to hinder or complicate its investigation or prosecution, destroys, removes,
hides the objects against which or with which the crime was committed or traces
of other crimes, or withdraws them from the examination that has been carried out
carried out by a judicial or police officer or by another person, who, according to
the provisions of the law, is continuously or temporarily entrusted with carrying
out a police position.

It should be noted, based on Article 3 of the Regulation of the Supreme Court Number 2 of
2012 concerning Adjusting the Limits of Minor Crimes and the Amount of Fines in the
Criminal Code (“PERMA 2/2012”), the maximum number of fines threatened in the article
above is multiplied to 1,000 times.

Regarding the sound of Article 221 paragraph (1) of the Criminal Code, R. Soesilo in his
book the Criminal Code (KUHP), and Complete Comments Article by Article (p. 174),
explains that this article threatens punishment to:
a. A person intentionally hides a person who has committed a crime or who is being
charged with a crime, or helps people to escape from investigation and examination or
detention by the police and judiciary (violators of this article must know that the
person he is hiding or the person he is helping is true have committed a crime or been
charged with a crime).
b. A person who destroys and so on objects where he is committed or used to commit a
crime or destroys and so on files of a crime, with the intention of hiding the crime and
so on (violators must have this intention, otherwise they cannot be punished).

Thus, based on the contents of the article, the act of hiding narcotics abusers can be
categorized as a criminal act.

So what if the person who protects and hides still has a family relationship such as a wife,
child or parent? It should be noted that Article 221 paragraph (2) of the Criminal Code
reads:

The above rules do not apply to people who commit such acts with the intention of
avoiding or preventing the danger of prosecution against a blood relative or by
marriage in a straight line or in a second or third degree deviant line, or against their
husband/wife or ex-husband/wife.

So, based on Article 221 paragraph (1) and paragraph (2) of the Criminal Code against a
person who helps protect or hide a narcotics abuser and still has a family relationship by
blood or marriage in a straight line or in a second or third degree deviant line, or against
his/her husband/wife or his ex-husband/wife cannot be enforced/criminally prosecuted.

In addition to narcotics abusers/victims, this discussion also briefly discusses narcotics

addicts which are also regulated in the Narcotics Law. Basically, abusers/victims of abusers
and narcotics addicts are both without rights or against the law in using narcotics for their
own interests and it is a crime that can be subject to criminal threats, it's just that narcotics
addicts have their own characteristics, namely the state of dependence on narcotics, both
physically as well as psychic. This must be proven in the legal process and the results of the
assessment.

If it is proven that he is a victim of a narcotics abuser or addict, then the person concerned is
obliged to undergo rehabilitation as regulated in Article 54 jo. Article 127 paragraph (3) of
the Narcotics Law, with due regard to the provisions in the Circular Letter of the Supreme
Court No. 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics
Addicts in Medical Rehabilitation and Social Rehabilitation Institutions.

Furthermore, what can be done if you find out that there are relatives/family members who
become narcotics abusers/victims of narcotics abusers who end up addicted to using
narcotics? It is necessary to know that a narcotic addict is obliged to report himself or through
his family in order to be rehabilitated at a rehabilitation institution/hospital appointed by the
government after going through the assessment process, so that they can be recovered or
cured from dependence on narcotics, this has been regulated in Article 54 jo. Article 55 of the
Narcotics Law, which in full reads:

Article 54
Narcotics addicts and victims of narcotics abuse are required to undergo medical
rehabilitation and social rehabilitation.

Article 55
1. Parents or guardians of Narcotics Addicts who are not old enough are required
to report to the public health center, hospital, and/or medical rehabilitation and
social rehabilitation institution appointed by the Government to receive
treatment and/or treatment through medical rehabilitation and social
rehabilitation;
2. Narcotics addicts who are old enough must report themselves or be reported
by their families to public health centers, hospitals, and/or medical
rehabilitation and social rehabilitation institutions appointed by the
 Government to receive treatment and/or treatment through medical
rehabilitation and social rehabilitation;
3. Provisions regarding the implementation of mandatory reporting as referred to
in paragraph (1) and paragraph (2) shall be regulated by a Government
Regulation.

If the reporting obligation is not carried out, then the provisions of Article 128 paragraph (1)
and Article 134 paragraph (1) of the Narcotics Law shall apply, which reads:

Article 128 paragraph (1)

Parents or guardians of addicts who are not yet old enough, as referred to in Article 55
paragraph (1) who deliberately fail to report, shall be punished with imprisonment for
a maximum of 6 (six) months or a fine for a maximum of Rp. 1,000,000.00 (one
million rupiah). ).

Article 134 paragraph (1)

Narcotics addicts who are old enough and intentionally do not report themselves as
referred to in Article 55 paragraph (2) shall be sentenced to a maximum imprisonment
of 6 (six) months or a maximum fine of Rp. 2,000,000.00 (two million rupiah).

Reference:
R. Soesilo, The Criminal Code (KUHP) and its Complete Commentaries Article by Article,
(Politeia: Bogor). 1991.

Source : https://www.hukumonline.com/klinik/detail/ulasan/lt6082d8d7be068/hukumnya-
jika-keluarga-menyembunyikan-penyalahguna-narkotika/