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Thursday, January 31, 2013
Tuesday, January 22, 2013
a Case of Drug Abuse in Indonesia
Case
Hengky Gunawan is a suspect of drug abuse case who isn’t a stranger in the
illicit business. From the information gathered from various sources, residents
from Duryat, Surabaya known since 1997 as a supplier of ecstasy in foreign and
domestic. This man has a global network. 15 years ago, he had been sentenced to
one year in the Netherlands since 2000 caught carrying ecstasy pills. Back to
Indonesia, he even made ecstasy factory in Yogyakarta. Hengky rearrested by the
police in 2003 and jailed for two years.
Breathe free air, he did not give
up as well and re-established the ecstasy factory in Surabaya. Hengky was
arrested on May 23, 2006 at the Yani Golf, Gunung Sari, Surabaya, East Java. He
was arrested by the police for producing and distributing large amounts of
ecstasy.
The arresting of Hengky is the
result of the development of the arresting a courier named Kristian in the
Grogol, West Jakarta. Kristian was arrested while carrying 39 thousand ecstasy
pills claim to be supplied Hengky. In the beginning, he denied the charge by the
police.
However, Hengky could not deny when
the police took him to Surabaya to be met with Warno, another courier who was
arrested by police in Nganjuk, East Java. Warno confessed ordered to dispense
ecstasy pills.
Then, Both suspects asked by the
joint team of the National Narcotics Agency (BNN) with East Java Regional
Police to show the evidence of storage for dispensing ecstasy pills. Ecstasy
factories owned by Hengky expected to produce one million ecstasy pills.
Moreover, Surabaya District Court
sentenced him to 15 years in prison for Hengky which is then compounded by the
appeal to the High Court Surabaya for 18 years in prison. On appeal the
punishment maximized to death penalty. The death penalty imposed by Iskandar
Kamil, Prof. Komariah Emong Sapardjaja and Prof. Dr. Kaimuddin Salle.
But the death penalty was annuled
by the Supreme Court in a PK decision dated August 16, 2011. Hengky Gunawan's
appeal was granted by the judge. The panel of judges in the Supreme Court
chaired Imron Anwari with the members Achmad Yamanie and Nyak Pha granted to
review (Peninjauan Kembali) petitioned by offender of drug cases, Hengky
Gunawan. The reasons of the Supreme Court granted the petitioned by offender of
drug cases, Hengky Gunawan is the consideration that the death penalty contrary
to Article 28 Paragraph 1 of the 1945 Constitution and violated Article 4 of
Law No. 39 Year 1999 on Human Rights.
Law
that Arranging the Case
Act
No. 35 year 2009 of Narcotic, stated that
Article 112
(1) Any person who without
right or unlawfully possess, store, control, or provide Narcotics Group I not
plant shall be punished with imprisonment of 4 (four) years and a maximum of 12
(twelve) years and a minimum fine Rp 800.000.000 (eight hundred million rupiah)
and a maximum of Rp 8.000.000.000 (eight billion rupiah).
Article 113
(1) Any person who without
right or unlawful to produce, import, export, or distribute Narcotics Group I,
shall be punished with imprisonment of 5 (five) years and a maximum of 15
(fifteen) years and a minimum fine of Rp 1.000.000.000 (one billion rupiah) and
a maximum of Rp 10.000.000.000 (ten billion rupiah).
Article 114
(1) Any person who without
right or unlawfully offering for sale, selling, buying, receiving, brokered the
sale, exchange, or give Narcotics Group I, shall be punished with imprisonment
for life or imprisonment for 5 (five) years and a maximum of 20 (twenty) years
and a minimum fine of Rp 1.000.000.000 (one billion rupiah) and a maximum of Rp
10.000.000.000 (ten billion rupiah).
Article 115
(1) Any person who without
right or unlawful carry, transfer, transport, or transit Narcotics Group I,
shall be punished with imprisonment of 4 (four) years and a maximum of 12
(twelve) years and a minimum fine of Rp 800.000.000 (eight hundred million
rupiah) and a maximum of Rp 8.000.000.000 (eight billion rupiah).
Saturday, January 19, 2013
THE DISPUTE OF ACQUISITION SIPADAN LIGITAN ISLANDS BETWEEN INDONESIA AND MALAYSIA
Territorial Sovereignty is the most important attribute
for the existence of the state. In the territory, the state rights to implement
sovereignty over people, things or events also legal actions that occur in its
territory. However, the state is prohibited to use its territory for actions
that harm other countries and the actions that endanger national peace and
security (Article 7 Draft UN Declaration on the rights and obligations of 1949).
In relation to the territory, the state is prohibited to recognize the
territories that acquired by force (Article 12 of the Draft UN Declaration on
the rights and obligations of 1949).
In addition to the obligation not to recognize the
territories that acquired by force, it is important for the state to arrange
its territories. Arranging the territory for Indonesia stipulated in Law No. 43
of 2008. Arranging the territory by Act No. 43 of 2008 about the territory of
the state has objectives:
1. Ensuring the integrity of territory, sovereignty, and the
order in the interests of the Border Regions of the entire nation
2.
Uphold the
sovereignty and sovereign rights
3.
The management and
utilization of the State and Territory Border Area, including oversight limits.
Furthermore,
Law No. 43 of 2008 also stipulated that the territory of Indonesia covers land,
territorial waters, seabed. subsoil and the airspace above it, including all
natural sources contained in.
Land of
the state consists of land (dry parts) and waters in the land such as rivers
and lakes. Land of the state can be the beginning land of the state or
additional land of the state. Land surface can occur or be determined by the
action or unilateral declaration of the state when it proclaimed its
independence. By international agreement, an international customs or be
determined by the development after the country was formed. As occurred in
Israel and Poland were initially uncertain land area as independent. Various
international agreements are generally made by the state to regulate border
issues such as land area in Indonesia that have land borders with three
countries: Malaysia, Papua New Guinea, and Timor Leste.
Beside
the beginning land of the state, international law also recognized the
additional land of the state based on theories of international law. That can
be obtained by the state in several ways. One of ways is occupation.
Occupation
is the acquisition or establishment sovereignty over terra nullius areas. Terra
nullius is territory which belonged to not state before the acquisition. It may
have been abandoned by the previous sovereign. The elements that must be
fulfilled by the actions of the occupation is:
a. the discovery of the terra nulius territory or taking no
possession to taking terra nullius territory
b. the intention or the will to find new areas to make it
their own or placed under its sovereignty
c. the occupation should be conducted by state and not by
private person
d. the intention must be manifested in the effective actions
e. be intended as a claim of sovereignty over the territory
Elements
of the discovery can be regarded as an objective element. While the intent
elements are realized with concrete actions is a subjective element. Both
conditions must be fulfilled cumulatively. Fulfillment of the discovery of any
new element is enchoate title or an introductory element to the validity of the
act. The importance of effective elemets in occupation regarded from some
decision of international court such as Sipadan Ligitan islands.
Sipadan
and Ligitan islands are islands which disputed by Indonesia and Malaysia. These
islands are belong to Indonesia, but always claimed by Malaysia. This case was
debated by ministers and the Indonesian people because the islands which is
rich in natural resources and mining claimed by Malaysia.
The
beginning of the case that began in 1968, when Malaysia reacted to the
cooperation agreement between Indonesia and Japex (Japan Exploration Company
Limited) in 1966. Malaysia was also worked with the Sabah Oil Company Teiseki
in 1968. as a response towards the sea exploration activities in the area of
Sipadan, in 1969 Malaysia began to
claim that Sipadan Ligitan islands are belong to Malaysia. this was immediately
rejected by the government of Indonesia. Several agreementsA series were held
by Indonesia and Malaysia. Ways that emphasizes dialogues to avoid military
conflict.
Finally
the issue became muffled in quotes, which means the dialogue about the dispute
tried to do by diplomacy. Indonesia really carried away with that way. Then,
Indonesia surprised when in October of 91, Malaysia suddenly pulled out a map
that included Sipadan and Ligitan to Malaysia territory. In 1997, Indonesia and
Malaysia agreed to submit the dispute to the International Court of Justice,
the Hague in the Netherlands.
Problem
Formulation
1. What are the ways that had been done by Indonesia to
Malaysia in Sipadan Ligitan case settlement?
2. Why was Indonesia lost in the dispute of the Sipadan
Ligitan case?
3. What are the ways to prevent our islands claimed by
the other states in the future?
International
Court Decision
In 1998
Sipadan and Ligitan issue was brought to the International Court of Justice.
Later in the Tuesday, December 17th, 2002 International Court of Justice give a
decision on dispute of sovereignty Sipadan and Ligatan islands between
Indonesia and Malaysia. The result at the voting in the institution is Malaysia
won by 16 judges, while only one judge that choose Indonesia. From seventeen judges,
fifteen are permanent judges of International Court, while one of seventeen
court is chosen by Malaysia and one chosen by Indonesia. The victory of
Malaysia was considered by effectivity (without deciding the question of
territorial waters and maritime boundaries). The British government which
colonilized Malaysia had done the administrative in the form of issuance of
bird wild life protection ordinance, levy a tax on the collection of turtle
eggs from 1930, and the light house operation since the 1960. Meanwhile,
tourism activities undertaken by Malaysia was not consided and rejected based on
chain of title theory.
Discussion
It is
understandable when almost all of the International Court judges agreed that
Sipadan and Ligitan islands fell to the Malaysia. Because those two islands are
not far from Malaysia and the fact that Malaysia has built several infrastructure
of tourism in those islands.
Effective
occupation itself is a doctrine of international law derived from the ancient
Roman law. Occupation comes from the concept Romawi occupatio means of administrative measures and are not necessarily
the physical act of occupation. Effective occupation as an act of
administrative control of the region can only be applied to terra nulliusatau
new territory and the no-man's land, or areas considered no man's land and
disputed by the state. Effective occupation can not be applied to the areas
governed by the agreement, the judge's decision, arbitration decisions, or
registration with clear legal ownership.
Obviously
the key element in the application of the doctrine of effective occupation is
the presence or absence of a law, rule of law, or regulation regarding the
status of the region. This is certainly in line with the meaning of occupatio
(read okupatio) which means that administrative actions and are not necessarily
physical occupation.
Because
including the international doctrine, effective occupation categorized as a
source of substantive law that refers to a form or birth bahan-bahan/materi
rules or norms that have binding power, and a benchmark for the occurrence of a
legal act.
International
Court in solving this case Malaysia rejected the argument that the two disputed
island territory once part of Malaysia acquired by private management contract
with the Sultan of Sulu Sen-Overbeck/BNBC/Inggris/Malaysia. The Court also
rejected the argument that the two islands, including Malaysia in the Sulu
region / Spain / U.S. / UK and then handed over to Malaysia based theories
ownership chain (Chain of Title Theory). According to the Court neither legal
or evidentiary documents filed Malaysia beard handover of sovereignty the relay
contains a reference that explicitly refers to the two disputed island.
International
Court also rejected the argument that the two disputed island Indonesia is an
area under Dutch rule based interpretation of Article IV of the Convention of
1891. Interpretation of Indonesia to the line limit of 4 ° 10 'N which cut Sebatik
island as an allocation line and continues to the east to reach the islands
dispute is also unacceptable Court. Clarity regarding the ownership status of
the two islands is also not in the van Toelichting memory. Memory Map
Toelichting van which illustrates Indonesia's interpretation of article IV is
considered to be unenforceable because it was not part of the 1891 convention.
court also rejected the alternative argument of Indonesia because of the
islands dispute is not mentioned in the contract 1850 and 1878 as part of the
Sultan Bulungan submitted to the Dutch colonial government.
Mastery
effectively considered as a stand-alone issue with 1969 as the critical date RI
considering legal arguments and legal arguments Malaysia can not prove their
claims ownership over both also in dispute.
In
connection with the proof effectivities Indonesia, the International Court
concludes that there is no strong evidence that can realize the sovereignty of
the Dutch or Sipadan island and Ligitan island. Similarly, there is no evidence
and authentic documents that may indicate the presence of the shape and form of
the implementation of Indonesia's sovereignty over the islands referred to in
1969. Court can not ignore the fact that the Law no. 4/Prp/1960 on specified
waters on 18 February 1960 which is the beginning of a legal product for the
concept of territorial assertion Archipelago, also did not include
Sipadan-Ligitan into the territory of the Republic of Indonesia.
In
connection with the proof effectivities Malaysia, the Court concluded that a
number of documents submitted show that there are multiple measures of
sustainable and peaceful management of the British colonial government since
1917.
Several
ways of British efforts materialized in the form of legislative action, quasi
judicial, and administrative disputes over the islands, such as:
a.
Quotation of tax on
fishing activities and the collection of turtle eggs turtle since 1917.
b.
Dispute resolution
in the collection of turtle eggs in Sipadan island in 1930.
c.
Determination of
Sipadan island as a bird sanctuary.
d.
Development and
maintenance of the lighthouse since 1962 in the Sipadan island and in 1963 at
the Ligitan island.
In
reviewing the legal evidence before 1969 that shows the effective occupation
over the islands of Sipadan-Ligitan, the Court considered the evidence
submitted both countries, namely:
a.
Indonesia submitted
evidence of Dutch naval patrols in the region from 1895 to 1928, including the
presence of the Dutch Navy ship Lynx to Sipadan in November-December 1921, and
the hydrographic survey ship in waters off Sipadan Dutch Macasser Ligitan in
October-November 1903. These patrols continued by navy patrols. Moreover, the
evidence presented was a fisherman fishing in Indonesia in 1950-1960s and even
early 1970s.
b.
Malaysia submitted
evidence in the form of the English law of evidence Turtle Preservation
Ordinance 1917; licensing of fishing vessels Sipadan Ligitan region; regulation
bird sanctuary in 1933 and the construction of a flare in 1962 and 1963.
Everything is a product of the British colonial government law, not Malaysia.
Before
assessing the evidence Indonesia, International Court of Justice confirmed that
4/Prp Act 1960 on the island of Sipadan-Ligitan not listed as belonging to
Indonesia. International Court believes it is relevant to the case of Sipadan Ligitan
islands because Indonesia does not put it in a national legislation. Against
the Dutch naval patrols, the Court found that this was part of the group
practice or collective agreements in the fight against piracy, so it can not be
the basis of filing a claim.
Indonesian
fishermen about fishing, the International Court held that "activities by
private persons can not be seen as effectivities, if they do not take place on
the basis of official regulations or under governmental authority" Therefore
these activities are not part of the implementation of the legislation
Indonesia or under the authority of the Government, the Court concludes that
this activity can not be the basis of the existence of effective occupation.
The
International Court holds that different from Indonesia who presented evidence
in the form of a number of activities and fisher folk Netherlands, Malaysia
presented evidence in the form of a number of legal provisions. Court stated
that the UK regulations indicate the existence of a "regulatory and
administrative assertions of authority over territory roomates is specified by
name".
The
essence of this decision is not as stated namely that while the state should
pay attention to the environment, economic development or even existence on a
remote island to show effective occupation, but the most important is whether
there is a legal or legal instruments, regulations or other administrative
activities on the island apart from the contents of their activities. This
decision also does not give legal meaning to the resort development undertaken
by Malaysia after 1969 and also Indonesian fishermen fishing activities that
are not based on legislation.
It should be underlined that the evidence presented is
Dutch and Indonesian activities against the British legal evidence. So in terms
of international law glasses, Malaysia to get the islands but not on its own
activities on the British legal activities conducted in 1917, 1933, 1962 and
1963 long before the Federation of Malaysia was formed with a membership of
Sabah on 16 September 1963
Raina Carly
This is my lovely Teddy Bear. Named Raina Carly. She was born in November 23, 2012 located in Jakarta, Indonesia.
at Shark aquarium in Sea World, Jakarta.
Raina looked out the window while on our way to nearly restaurant.
These 3 photos located in Taman Pelangi, Yogyakarta, Indonesia.
Raina posed in Vespa Contest!
Friday, January 11, 2013
Psychotropic
Definition
A psychoactive drug, psychopharmaceutical, or psychotropic is a chemical substance that crosses the blood–brain barrier and acts primarily upon the central nervous system where it affects brain function, resulting in alterations in perception, mood, consciousness, cognition, and behavior. These substances may be used recreationally, to purposefully alter one's consciousness,
or as entheogens, for
ritual, spiritual, and/orshamanic purposes, as a tool for studying or
augmenting the mind. Some psychoactive drugs are also recognized for
therapeutic use asanesthetics, analgesics, or
for the treatment of psychiatric disorders.
Because psychoactive substances bring
about subjective changes in consciousness and mood that the user may find
pleasant (e.g. euphoria) or advantageous (e.g. increased alertness), many
psychoactive substances are abused, that
is, used excessively, despite health risks or negative consequences. With
sustained use of some substances, psychological and physical dependence ("addiction") may
develop, making the cycle of abuse even more difficult to interrupt. Drug rehabilitation aims to break this cycle of
dependency, through a combination of psychotherapy,
support groups and even other psychoactive substances. However, the reverse is
also true in some cases, that is certain experiences on drugs may be so
unfriendly and uncomforting that the user may never want to try the substance
again. This is especially true of the deliriants (e.g. Jimson weed)
and powerful dissociatives (e.g. Salvia divinorum). Most purely psychedelic drugs are considered to be non-addictive (LSD, psilocybin, mescalineetc.);
"psychedelic amphetamines" or empathogen-entactogens (such as MDA, MDMA etc.) may produce an additional
stimulant and/or euphoriant effect, and thus have an addiction potential.
In part because of this potential for
abuse and dependency, the ethics of drug use are the subject of debate. Many
governments worldwide place restrictions on drug production and sales in an attempt
to decrease drug abuse. Ethical concerns have also been raised about over-use
of these drugs clinically, and about their marketing by manufacturers.
History
Psychoactive drug use is a practice
that dates to prehistoric times. There is archaeological
evidence of the use of psychoactive substances (mostly plants) dating back at
least 10,000 years, and historical evidence of cultural use over the past 5,000
years. The chewing of coca
leaves, for example, was found to date back over 8000 years ago in Peruvian
society.
Medicinal use is one important facet
of psychoactive drug usage. However, some have postulated that the urge to
alter one's consciousness is as primary as the drive to satiate thirst, hunger
or sexual desire. The long
history of drug use and even children's desire for spinning, swinging, or
sliding indicates that the drive to alter one's state of mind is universal.
One of the first people to articulate
this point of view, set aside from a medicinal context, was American author Fitz Hugh Ludlow (1836–1870) in his book The Hasheesh Eater (1857): "...drugs are able to
bring humans into the neighborhood of divine experience and can thus carry us
up from our personal fate and the everyday circumstances of our life into a
higher form of reality. It is, however, necessary to understand precisely what
is meant by the use of drugs. We do not mean the purely physical craving...That
of which we speak is something much higher, namely the knowledge of the
possibility of the soul to enter into a lighter being, and to catch a glimpse
of deeper insights and more magnificent visions of the beauty, truth, and the
divine than we are normally able to spy through the cracks in our prison cell.
But there are not many drugs which have the power of stilling such craving. The
entire catalog, at least to the extent that research has thus far written it,
may include only opium, hashish, and in rarer cases alcohol, which has
enlightening effects only upon very particular characters."
This relationship is not limited to
humans. A number of animals consume different psychoactive plants, animals,
berries and even fermented fruit, becoming intoxicated, such as cats after
consuming catnip. Traditional legends of sacred plants
often contain references to animals that introduced humankind to their use. Biology suggests an evolutionary
connection between psychoactive plants and animals, as to why these chemicals
and their receptors exist within the nervous system.
During the 20th century, many
governments across the world initially responded to the use of recreational
drugs by banning them and making their use, supply, or trade a criminal
offense. A notable example of this is the Prohibition era in the United States, where
alcohol was made illegal for 13 years. However, many governments, government
officials and persons in law enforcement have concluded that illicit drug use
cannot be sufficiently stopped through criminalization. Organizations such as
Law Enforcement Against Prohibition (LEAP) have come to such a conclusion
believing "the existing drug policies have failed in their intended goals
of addressing the problems of crime, drug abuse, addiction, juvenile drug use,
stopping the flow of illegal drugs into this country and the internal sale and
use of illegal drugs. By fighting a war on drugs the government has increased
the problems of society and made them far worse. A system of regulation rather
than prohibition is a less harmful, more ethical and a more effective public
policy." In some countries,
there has been a move toward harm reduction by health services, where the use
of illicit drugs is neither condoned nor promoted, but services and support are
provided to ensure users have adequate factual information readily available,
and that the negative effects of their use be minimized. Such is the case of
Portuguese drug policy of decriminalization, which achieved its primary goal of
reducing the adverse health effects of drug abuse.
Effects of psychotropic use
Substances or psychotropic drugs may decrease
the activity of the brain or stimulating the central nervous system and cause
behavioral abnormalities, accompanied by the onset of hallucinations
(dreaming), illusion, impaired thinking, feeling changes can lead to dependence
and has the effect of stimulation (stimulated) for the users .
Use of Psychotropic prolonged unattended and
restrictions health officials may result in a worse, not only cause addiction
and even cause various kinds of illnesses as well as physical and psychological
disorders of the users, it is not uncommon even cause death.
United Nations Convention on fighting narcotics
and psychotropic substances of 1988
Council of the United Nations had held a
convention on fighting the circulation of psychotropic (Convention on
psychotropic substances), held in Vienna from 11 January to 21 February 1971,
followed by 71 countries and added 4 countries as observers.
As a reaction driven by deep concern over the
increased production, demand, abuse and illicit trafficking of narcotics and
psychotropic substances, children and adolescents are used as user market
narcotics and psychotropic substances illegally, as well as the target of
production, distribution, and trafficking narcotics and psychotropic
substances, has led to the birth of the United Nations Convention on the
Eradication of Illicit Narcotic Drugs and Psychotropic Substances, 1988.
The convention contains basic thoughts:
1. The community of nations and countries in the world need to give
priority attention to the problem of fighting illicit trafficking of narcotics
and psychotropic substances.
2. Fighting illicit trafficking of narcotics and psychotropic substances
is a problem that all countries need to be deal together.
3. The provisions set forth in the Single Convention on Narcotic Drugs
of 1961, Protocol of 1972 Amendments Single Convention on Narcotic Drugs of
1961, and the Convention on Psychotropic
Substances of 1971, need to be confirmed and refined as a legal basic to
prevent and fight illicit trafficking of narcotics and psychotropic substances.
4. The need to strengthen and improve the legal basic for more effective
within international cooperation in order to fight crime in the area of
trans-national criminal organizations in the activities of illicit narcotics
and psychotropic substances.
Classes of psychotropic
Psychotropic drugs that have the potential of
resulting in dependency syndrome classified into 4 categories:
Psychotropic group I: substances which are not used for medicinal
purposes with the potential for a very strong dependence
Psychotropic group II: substances that are efficacious therapy, but can
cause dependence.
Psychotropic group III: the effects psychotropic drugs with moderate
dependence from the sedative hypnotics.
Psychotropic group IV: the effects psychotropic mild dependence.
Based on the United Nations Convention on fighting narcotics and
psychotropic substances in 1988 can be classified as follows: (preceded by the
name of International and chemical name is placed in parentheses)
Psychotropic group I
·
Broloamfetamine atau DOB
((±)-4-bromo-2,5-dimethoxy-alpha-methylphenethylamine)
·
Cathinone ((x)-(S)-2-aminopropiophenone)
·
DET (3-[2-(diethylamino)ethyl]indole)
·
DMA ( (±)-2,5-dimethoxy-alpha-methylphenethylamine )
·
DMHP ( 3-(1,2-dimethylheptyl)-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-
dibenzo[b,d]pyran-1-olo )
·
DMT ( 3-[2-(dimethylamino)ethyl]indole)
·
DOET ( (±)-4-ethyl-2,5-dimethoxy-alpha-phenethylamine)
·
Eticyclidine - PCE ( N-ethyl-1-phenylcyclohexylamine )
·
Etrytamine ( 3-(2-aminobutyl)indole )
·
Lysergide - LSD, LSD-25
(9,10-didehydro-N,N-diethyl-6-methylergoline-8beta-carboxamide)
·
Mescaline (3,4,5-trimethoxyphenethylamine)
·
Methcathinone ( 2-(methylamino)-1-phenylpropan-1-one )
·
4-methylaminorex ( (±)-cis-2-amino-4-methyl-5-phenyl-2-oxazoline )
·
MMDA (2-methoxy-alpha-methyl-4,5-(methylenedioxy)phenethylamine)
·
N-ethyl MDA ((±)-N-ethyl-alpha-methyl-3,4-(methylenedioxy)phenethylamine)
·
N-hydroxy MDA
((±)-N-[alpha-methyl-3,4-(methylenedioxy)phenethyl]hydroxylamine)
·
Parahexyl
(3-hexyl-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran-1-ol)
·
PMA (p-methoxy-alpha-methylphenethylamine)
·
Psilocine, psilotsin (3-[2-(dimethylamino)ethyl] indol-4-ol)
·
Psilocybine (3-[2-(dimethylamino)ethyl]indol-4-yl dihydrogen phosphate)
·
Rolicyclidine - PHP,PCPY ( 1-(1-phenylcyclohexyl)pyrrolidine )
·
STP, DOM (2,5-dimethoxy-alpha,4-dimethylphenethylamine)
·
Tenamfetamine - MDA (alpha-methyl-3,4-(methylenedioxy)phenethylamine)
·
Tenocyclidine - TCP (1-[1-(2-thienyl)cyclohexyl]piperidine)
·
Tetrahydrocannabinol
·
TMA ((±)-3,4,5-trimethoxy-alpha-methylphenethylamine)
Psychotropic group II
·
Amphetamine ((±)-alpha-methylphenethylamine)
·
Dexamphetamine ((+)-alpha-methylphenethylamine)
·
Fenetylline (7-[2-[(alpha-methylphenethyl)amino]
ethyl]theophylline)
·
Levamphetamine ((x)-(R)-alpha-methylphenethylamine)
·
Levomethampheta-mine
((x)-N,alpha-dimethylphenethylamine)
·
Mecloqualone (3-(o-chlorophenyl)-2-methyl-4(3H)-
quinazolinone)
·
Methamphetamineracemate
((±)-N,alpha-dimethylphenethylamine)
·
Methaqualone (2-methyl-3-o-tolyl-4(3H)-quinazolinone)
·
Methylphenidate (Methyl
alpha-phenyl-2-piperidineacetate)
·
Phencyclidine - PCP (1-(1-phenylcyclohexyl)piperidine)
·
Phenmetrazine (3-methyl-2-phenylmorpholine)
·
Secobarbital (5-allyl-5-(1-methylbutyl)barbituric
acid)
·
Dronabinol atau delta-9-tetrahydro-cannabinol
((6aR,10aR)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-
dibenzo[b,d]pyran-1-ol)
·
Zipeprol
(alpha-(alpha-methoxybenzyl)-4-(beta-methoxyphenethyl)-1-piperazineethanol)
Psychotropic group III
·
Amobarbital (5-ethyl-5-isopentylbarbituric acid)
·
Buprenorphine
(2l-cyclopropyl-7-alpha-[(S)-1-hydroxy-1,2,2-trimethylpropyl]-6,14-
endo-ethano-6,7,8,14-tetrahydrooripavine)
·
Butalbital (5-allyl-5-isobutylbarbituric acid)
·
Cathine / norpseudo-ephedrine
((+)-(R)-alpha-[(R)-1-aminoethyl]benzyl alcohol)
·
Cyclobarbital (5-(1-cyclohexen-1-yl)-5-ethylbarbituric
acid)
·
Flunitrazepam
(5-(o-fluorophenyl)-1,3-dihydro-1-methyl-7-nitro-2H-1,4-benzodiazepin-2-one)
·
Glutethimide (2-ethyl-2-phenylglutarimide)
·
Pentazocine ((2R*,6R*,11R*)-1,2,3,4,5,6-hexahydro-6,11-dimethyl-3-(3-methyl-2-butenyl)-2,6-methano-3-benzazocin-8-ol)
·
Pentobarbital (5-ethyl-5-(1-methylbutyl)barbitur
ic acid)
Psychotropic group IV
·
Allobarbital (5,5-diallylbarbituric acid)
·
Alprazolam (8-chloro-1-methyl-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine)
·
Amfepramone (diethylpropion
2-(diethylamino)propiophenone)
·
Aminorex (2-amino-5-phenyl-2-oxazoline)
·
Barbital (5,5-diethylbarbituric acid)
·
Benzfetamine (N-benzyl-N,alpha-dimethylphenethylamine)
·
Bromazepam
(7-bromo-1,3-dihydro-5-(2-pyridyl)-2H-1,4-benzodiazepin-2-one)
·
Butobarbital (5-butyl-5-ethylbarbituric acid)
·
Brotizolam
(2-bromo-4-(o-chlorophenyl)-9-methyl-6H-thieno[3,2-f]-s-triazolo[4,3-a][1,4]diazepine)
·
Camazepam (7-chloro-1,3-dihydro-3-hydroxy-1-methyl-5-phenyl-2H-1,4
benzodiazepin-2-one dimethylcarbamate (ester))
·
Chlordiazepoxide
(7-chloro-2-(methylamino)-5-phenyl-3H-1,4-benzodiazepine-4-oxide)
·
Clobazam
(7-chloro-1-methyl-5-phenyl-1H-1,5-benzodiazepine-2,4(3H,5H)-dione)
·
Clonazepam (5-(o-chlorophenyl)-1,3-dihydro-7-nitro-2H-1,4-benzodiazepin-2-one)
·
Clorazepate
(7-chloro-2,3-dihydro-2-oxo-5-phenyl-1H-1,4-benzodiazepine-3-carboxylic acid)
·
Clotiazepam
(5-(o-chlorophenyl)-7-ethyl-1,3-dihydro-1-methyl-2H-thieno [2,3-e]
-1,4-diazepin-2-one)
·
Cloxazolam
(10-chloro-11b-(o-chlorophenyl)-2,3,7,11b-tetrahydro-oxazolo-
[3,2-d][1,4]benzodiazepin-6(5H)-one)
·
Delorazepam
(7-chloro-5-(o-chlorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)
·
Diazepam
(7-chloro-1,3-dihydro-1-methyl-5-phenyl-2H-1,4-benzodiazepin-2-one)
·
Estazolam
(8-chloro-6-phenyl-4H-s-triazolo[4,3-a][1,4]benzodiazepine)
·
Ethchlorvynol (1-chloro-3-ethyl-1-penten-4-yn-3-ol)
·
Ethinamate (1-ethynylcyclohexanolcarbamate)
·
Ethyl loflazepate (ethyl
7-chloro-5-(o-fluorophenyl)-2,3-dihydro-2-oxo-1H-1,4-benzodiazepine-3-carboxylate)
·
Etil Amfetamine / N-ethylampetamine
(N-ethyl-alpha-methylphenethylamine)
·
Fencamfamin (N-ethyl-3-phenyl-2-norborananamine)
·
Fenproporex
((±)-3-[(alpha-methylphenylethyl)amino]propionitrile)
·
Fludiazepam (7-chloro-5-(o-fluorophenyl)-1,3-dihydro-1-methyl-2H-1,4-benzodiazepin-2-one)
·
Flurazepam
(7-chloro-1-[2-(diethylamino)ethyl]-5-(o-fluorophenyl)-1,3-dihydro-2H-1,4-benzodiazepin-2-one)
·
Halazepam
(7-chloro-1,3-dihydro-5-phenyl-1-(2,2,2-trifluoroethyl)-2H-1,4-benzodiazepin-2-one)
·
Haloxazolam
(10-bromo-11b-(o-fluorophenyl)-2,3,7,11b-tetrahydrooxazolo
[3,2-d][1,4]benzodiazepin-6(5H)-one)
·
Ketazolam
(11-chloro-8,12b-dihydro-2,8-dimethyl-12b-phenyl-4H-[1,3]oxazino[3,2-d][1,4]benzodiazepine-4,7(6H)-dione)
·
Lefetamine - SPA ((x)-N,N-dimethyl-1,2-diphenylethylamine)
SUBSTANCE
In Article 59 on Act No. 5 year 1997 of Psychotropic,
stated that
(1) Whoever:
a. using psychotropic group I than referred
to in Article 4 paragraph (2), or
b. produce and / or use in the production of
class I substances referred to in Article 6, or
c. distributing psychotropic class I did not
meet the provisions referred to in Article 12 paragraph (3), or
d. import psychotropic group I than to the
interests of science, or
e. is no right to own, store and / or carry
psychotropic group I will be punished with imprisonment of 4 (four) years,
maximum 15 (fifteen) years and a minimum fine of Rp. 150,000,000.00 (one
hundred and fifty million dollars), and a maximum of Rp 750,000,000.00 (seven
hundred and fifty million rupiahs).
(2) If the offense referred to in paragraph
(1) shall be organized shall be punished with death or imprisonment for life or
imprisonment for 20 (twenty) years and a fine of Rp. 750,000,000.00 (seven
hundred and fifty million rupiahs).
(3) If the offense under this section
committed by a corporation, besides the subject will be punished, the
corporation also imposed a fine of Rp. 5,000,000,000.00 (five billion dollars).
The interpretation of
each word;
Production: activity or process of preparing, processing, producing,
packaging, and / or changing the shape of psychotropic drugs.
Organized: has compiled and organized into a unity
Corporations: which entities authorized legal entity, the company or a
very large enterprise or company that is managed and operated as one large
company
Importing: include merchandise from abroad
Distribute: bring (deliver) the goods from one person to another
Without right: The
person who does not have any authority to own the thing
Possess: The person who
own a thing
Store: Put the thing in
the safe place
Article 60
(1) Whoever:
a. producing substances other than those
specified in the provisions of Article 5, or
b. produce or distribute in the form of
psychotropic drugs that do not meet standards and / or requirements referred to
in Article 7, or
c. produce or distribute in the form of
psychotropic drug that is not listed on the departments responsible for health,
as referred to in Article 9 paragraph (1), shall be punished with imprisonment
of 15 (fifteen) years and a maximum fine of Rp. 200,000,000.00 (two hundred
million rupiahs).
(2) Any person distributing psychotropic
drugs other than those specified in Article 12 paragraph (2) shall be punished
with imprisonment of 5 (five) years and a maximum fine of Rp.100.000.000, 00
(one hundred million rupiahs).
(3) Any person receiving psychotropic
distribution other than those specified in Article 12 paragraph (2) shall be
punished with imprisonment of 3 (three) years and a maximum fine of Rp 60,000,000.00
(sixty million dollars).
(4) Those who submit psychotropics than those
specified in Article 14 paragraph (1), Article 14 paragraph (2), Article 14
paragraph (3), and Article 14 paragraph (4) shall be punished with imprisonment
of three (3) years and a maximum fine of Rp. 60,000,000.00 (sixty million
dollars).
(5) Any person receiving delivery of
substances other than those specified in Article 14 paragraph (3), Article 14
paragraph (4) shall be punished with imprisonment of 3 (three) years and a maximum
fine of Rp 60,000,000.00 (sixty million dollars). When the user receives the
handover, it shall be punished with imprisonment of 3 (three) months.
The interpretation of
each word;
Production: activity or process of preparing, processing, producing, packaging,
and / or changing the shape of psychotropic drugs.
Receiving: take, receive, hold, something that is given or sent
Users: people who use goods
Distribute: bring (deliver) the goods from one person to another