INTRODUCTION:
West Jakarta District
Court ultimately sentenced to death Freddy Budiman, drug dealers who become
part of an international syndicate on July 15, 2013. The judges assess the
defendant proved as the owner of the container that contains millions of ecstasy
pills. Freddy Budiman legally and convincingly proven to have violated Article
114 of Law No. 35 Year 2009 on Narcotics. He arranged the delivery of 1.4 Million
pills from Cipinang Penitentiary prison cell in May 2012. The drugs, which were
sent from Shenzhen, China, were concealed in a shipping container registered as
carrying fish tanks and successfully passed through security checks at North
Jakarta port. The National Narcotics Board (BNN) raided the truck in West
Jakarta, shortly after it left the port, discovering the shipment.
That case is one
example of the biggest cases ever uncovered and the convict get death sentence.
The spreading of drug abuse from time to time shows an increasing trend, even
the cases uncovered by the INP is just an iceberg phenomenon, which is only
partially visible on the surface while the depth is not measurable.Also
realized that the problem of drug abuse is a national and international problem
due to the negative impact that can damage and threaten various aspects of
community life, and can inhibit the process of national development.
In Indonesia, the
current rate of drug abuse has reached alarming point, because, at the time
around the early 1990's drug problem is still not popular and by network
dealers only be used as a transit country, has recently been used as a
destination country or market share and even declared as the biggest producer /
exporter in the world.
This raises many
questions,for instance, whether the purposeof punishmenthas been achieved. How
about inter-agency cooperation, has it been effective. In order to uncover
narcotics smuggling case, are there any opportunities that can be applied as an
integral collaboration between law enforcement.
In this paper will be
presented extensively about how the handling of drug abuse and illicit drug
trafficking in Indonesia from INP perspective as a law enforcement through conduct
an analysis of the stakeholders an using leadership strategy as well.
DISCUSSION
THE DRUG PROBLEM IN INDONESIA
Drug abuse remains a
global problem affecting almost all countries in the world with no country or
region being immune. Indonesia is no exception. The global drug trends are
alarming with about 185 million people use illicit drugs annually with
countless more people are involved in production and trafficking of illicit
drugs resulting to a devastating social and economic impact. Based on the latest data
of the National Narcotics Board (BNN) drug abuse Indonesia recorded 3.7 to 4.7
million people as drug addicts and hazardous materials. The data show a very
alarming situation.
With these global
trends, Indonesia is faced with an alarming drug problem that transcends
ethnic, geographical, cultural and religious boundaries. Drug abuse among
Indonesia teenager ages 14-25 continues to escalate and has become a serious
national problem causing sufferings, personal tragedy and result in death.
Likewise, Indonesia’s illicit drug production and trafficking continues to
increase at an alarming proportion with ganja cultivation and production of
Amphetamine Type Stimulants such as methamphetamine and ecstasy remain
unabated.
Drugs apparently
represent the gravest threat to Indonesia’s national well being causing serious
catastrophe in social, political and economic.
There are so many impacts from the drug abuse in Indonesia. In terms of
cost to society, it could be influence the national health. Specifically, the
impacts on health are as follows:
1)
There was a
physical disorders and diseases that directly result from the side effects of
drugs such as damage and failure of vital organs.
2)
Moreover, it can
indirectly lead to other more serious diseases caused by aberrant behavior due
to the influence of the drug, such as HIV / AIDS, Hepatitis C, skin and
venereal diseases.
3)
There is a
psychological disorder and personality changed drastically as a moody, grumpy,
lazy and become indifferent.
For the neighborhood, it
will affect the labor problems and low income for the community due to lack of
performance in generating jobs. All of which can lead to crime, the cost to
society itself because there will be more drug abusers who commit crimes.It
will also result in dark economy, loss of investment opportunities both from
outside and within the country. Even the latter is also influential in corruption
case in Indonesia.
The
development of drug abuseitself has been growing very fast. BNN chief said
there is 14 kinds of new types of drugs were found in the BNN laboratory, which
is created by drug syndicates and backed by pharmaceutical experts
(AnangIskandar, 2013). Even in the world,it was found as many as 251 new
species of drugs, in which a new type of drug is deliberately created to avoid
legal snares governed by the laws of each country.Thentalking about shelter for
rehabilitation is still very less compared to the prevalence of drug abusers
that exists today.Rehabilitation is very important because when we require undertaking
the rehabilitation for drug users, the prevalence is expected to be down.
HANDLING OF THE DRUG PROBLEM AS A NATIONAL STRATEGY
The Handling
of drug cases is actually by the INP and BNN. However, the reality proves that
in addressing the drug problem cannot be done only by those two agencies.
Therefore handling of drugs should be a national agenda that involves the
government and society. Thus requires a strategy that involves all components
that come together in a joint motion to implement the strategy of
"balancing and integrating revenue reduction and demand reduction" so
that “Eradication and Prevention Drug Abuse and Illicit Drug Trafficking
Program” can be succeed.
INP
has proactively sought to improve its ability to combat the threats to
development of illicit drug trafficking. It has signed and ratified many of the
critical international legal instruments.
The INP has steadily increased the capacity of its institutional actors
and agencies, including the training of special units to combat illicit drug
trafficking, and has successfully prosecuted and convicted individuals for such
offences. Despite this progress, illicit drug trafficking and drug abuse threats
continue to confront the country. The
capacity of institutions and officials to deal with that threat seems to be
insufficient. Indonesia's geographic
makeup, with tens of thousandskilometers of coastline and numerous islands
spread across three time zones, Indonesia has vast numbers of remote and
difficult to control areas that can be easily used as entry and exit points by
traffickers and smugglers.
Therefore,
the following is a national strategy that must beimplemented by the government agencies
and private sectors as follows:
1)
Cooperation
Policy
As a policy, the cooperation absolutely must be done
by all government agencies. Each department should concern of the drug problem,
and put it into their agenda. Whether in terms of preventing, by prohibiting
and perform routine checks against any employee or to assist law enforcement to
conduct the fight against illicit trafficking and drug abuse.
2)
Prevention
Preventing
drug abuse by enhancing institutional capacity across related fields, improve
the quality of individual officers, and foster awareness, concern and active
participation of the entire community.
3)
Victim
Protection
In Indonesia, victim protection in the handling of
drug cases is still lacking. Due process of law enforcement is prioritizing the
criminal prosecution instead of rehabilitation.
It results in the formation of the boundary between the society and law
enforcement officials. Further, if the victim can be established in terms of
protection, every drug users do not necessarily have to be suspect because it
could be a victim and prevalence user will reduce by itself.
4)
Prosecution
In each preparation of lawsuits against drug charges,
a prosecutor should be able to do the following things:
a)
Perform
prosecution proportionally, professional, firm and consistent, the drug cases.
b)
Coordination
with other agencies especially the Police in the preparation of the prosecution
/ charges of drug cases.
The
Judge with conscience and based on the facts in the court should be able to
provide legal certainty to the following considerations:
a)
Passing sentence the defendant and give a firm, fair and consistent so
it could be a deterrent effect, especially for those who are classified as
dealers and manufacturers.
b) Every decision needs to consider several aspects including the legal
aspects, physiological/medical, psychological, sociological and human rights.
INP ROLE IN THE TERM OF
ILLICIT TRAFFICKING AND DRUG ABUSE
Besides law enforcement, the police should also conduct
various another attempts to the illicit drug trafficking. As these efforts can
be classified as follows:
1)
Supply Control
Every
effort was made to suppress or reduce to a minimum the availability of drugs
on the black market or in society. For instance:
a)
Supervision of cultivation illegal drugs.
b)
Monitoring the entry of precursor materials from abroad.
c)
Sweep or police operation to prevent circulation of drugs in society.
d)
Enforcement against illegal laboratories.
e)
The taking of action against the perpetrators of planting, dealers,
dealer.
2)
Demand Reduction
Any
attempt was made to increase the resilience of communities to have the
deterrent power to reject the presence of drugs. For instance:
a)
Communication, Information, and Education through brochures,
advertisements, or social media to society.
b)
Education to the community.
c)
Workshop and FGD
d)
Restrictions and supervision permit entertainment places, which are
often used, as a place of drug abuse.
3)
Harm Reduction
Every
effort is made to users or the victim with the intent to suppress the worse
impact and dependence on drugs. Harm Reduction concept is based on pragmatic
awareness of the reality that drug abuse cannot be eliminated in a short time,
so there should be efforts to minimize the dangers and damage caused by the use
of these drugs, such as:
a)
Provide therapy
and medical treatment so that the user can be separated from the poisoning,
overdose and free from other physical ailments.
b)
Provide
rehabilitation.
c) Provide
counseling to prevent recurrence and prevent the spread of other dangerous
diseases as the impact of the negative behaviors of drug abuse, such as HIV/AIDS,
Hepatitis C, skin and venereal diseases and others.
BY IMPLEMENTING DISTRIBUTIVE LEADERSHIP
Moreover, aware of the complexity and seriousness of
the drug problem, INP has intensified its efforts to collaborate with other
government agencies, private sectors, civil society and the media for the
long-term success in preventing and controlling drug abuse. Lessons learned
from community-based prevention experiences indicate that when people work
together, they are in a more powerful position to make change.So based on
stakeholder analysis, INP must consider the stakeholders, making analysis of
how their interests and their influence against INP in order to eradicate
illicit trafficking anddrug abuse.
The INP
should be able to divide the entire task of eradicating drugs should not only
be INP responsibility alone. Each following stakeholders must share in the
responsibility. In distributive leadership, a leader must be able to share the
burden of the responsibility and making it success to finish the job. Of the
existing stakeholders below, has been analyzed authority and responsibility, so
we just enhance it and if each stakeholder and role stints with both the
eradication of illicit drug trafficking and drug abuse can be achieved.The
following are the stakeholders, and INP recommendation in order to enhance
their role:
1)
Government
agency
a)
Provide general
facilities
b) As facilitators
and coordinators in each formulation of the vision, mission and strategy
together.
2)
Department of
Health
a)
Curative activities.
b)
Preventing sexually transmitted diseases, HIV / AIDS, Hepatitis C.
3)
Food and Drugs Monitoring Agency
a)
To monitor and supervise the use of or utilization of narcotics,
psychotropic and precursor by the importer, pharmaceutical and laboratory
users.
b)
Recording, monitoring and audit of all agencies that use narcotics,
psychotropic and precursor in the operations.
4)
Department of
Agriculture
a)
To supervise the lands that serve as a place of cultivation or planting
drugs.
5)
Department of
Education
a)
Provide early
education and incorporate into the curriculum about the dangers of drugs.
b)
Working with The
INP in preventing and combating drugs in schools.
6)
Department of
Social
a) Conduct training
to vulnerable groups such as poor people, beggars and homeless.
b) Together with
other agencies to do the counseling and rehabilitation of a dependent group of
users.
7)
Media
a)
Media should
present proportional and conducive news and information about drugs in order to
provide education to the community.
b)
Avoid preaching
provocative and destructive so that could increase the anxiety and distrust of
society to government/INP.
8)
NGOs
a) Be active in
providing information to INP about the abuse of drugs in the community.
b)
Partnership with
other Government agencies.
c)
Establish
counseling centers and rehabilitation sites.
9)
Civil society
a)
Together with
other social workers actively assist in the rehabilitation of victims of drug
users.
b)
Influence his
followers to avoid drug abuse.
10)Customs
a) Prevent entry
and exit of drugs or precursors from abroad through customs entrance doors.
b) Together with
other agencies conduct surveillance and selective physical examination of the
means of conveyance containing drugs or precursors.
11)Immigration
a)
Cooperation with
other agencies such as the Ministry of Foreign Affairs / Embassy in the
selection of the granting of a visa to visit Indonesia.
b)
Coordination
withINP in controlling the strangers who come in and have been in Indonesia,
especially those who frequent drug abuse such as Black African and others.
12)Aseanapol / Interpol / Europol
In Term of police cooperation through joint
activities can be done in order to uncover an international network that uses
both sea and land borders. The measure that should be taken in term of border
cooperation:
a)
Monitoring at land border
(1)
Increasing the guarding and conducting joint patrol in cross-border area,
especially at the entrance/exit of the unofficial trans-border.
(2)
Providing training for the officers at both countries’ border and
providing those officers with narcotics detectors.
b)
Monitoring at sea border
(1)
Providing the officers at water border with the ability/skills to
recognize the characteristics of narcotics and drugs.
(2)
Empowering the functions of uniform in Police Stations, Police Sectors
and Police Resorts at the border.
c)
Assistance
(1)
Localizing the movement of the suspects in narcotics and drugs criminal
offense in a country in which the favor is requested.
(2)
Facilitating narcotics and drugs investigator team in both countries.
(3)
Intensifying the justice process of drug cases in both countries.
(4)
Information exchange on the suspects from both countries, provided with
information such as phone number. That information will help in developing the
investigation.
(5)
Quick respond upon data inquiry in narcotics criminal offense
investigation.
(6)
Confiscation of property owned by the suspects of narcotics and drugs
criminal offense who was arrested in both countries (according to the law of
each country).
CONCLUSION
The handling of illicit
drug trafficking and drug abuse is a national problem that must be solved
together. We should set up a national strategy to make the drug problem become
a concern for all government agencies.
INP as the leading sector must be able to perform an analyst of the
ability of the organization, conduct capacity building and the establishment of
effective cooperation. INP must also perform an analysis of stakeholders with
regard to all the interests and influence of each stakeholder.
Police cooperation can
be facilitated in a forum ASEANAPOL and Interpol. In its implementation is
still encountered resistance, because the persistence of law enforcement. The
spirit of cooperation needs to be built, so that the entire illegal drug
circulation opportunities both through land and sea can be thwarted. Mutual
Legal Assistance should be considered as a strategic step in the fight against
drugs.
RECOMENDATION
1)
Related to the
12 stakeholders that have been discussed above, it is advisable to carry out
the measures in accordance with their respective capabilities.It is need to
increase cooperation among government agencies, and INP can recommend the
analysis of its stakeholders.
2)
In order to
realized in practice, so the prevention illicit trafficking and drug abuse
should be done in a comprehensive manner so that the results can be beneficial
sustainable.
REFERENCES:
AnangIskandar,
Waspadai 14 JenisNarkotikaBaru, June, 16, 2013, http://www.jpnn.com/
Indonesian
Penal Code
Indonesia
Law, No. 35 Year 2009
Narcotic
Directorate Forum (West Borneo Police Region-Sarawak Police State).
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