Indonesian psychotropic/narcotic law

Matthew Brealey

10 min readApr 13, 2023

Background at international law

International law recognizes two main categories of ‘illegal drug’:

narcotics, being cannabis, cocaine, and opioids (whether synthetic or derived from the opium poppy), and drugs that can be classified as having similar effects (covered by the Single Convention on Narcotic drugs of 1961)
psychotropics, being any psychoactive substance (covered by the UN Convention on Psychotropic Substances of 1971)

In addition there are

precursors, being chemicals that are frequently converted into illegal drugs (table 1 of the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, such as pseudoephedrine), and those used in the process (table 2, such as hydrochloric acid)

The Single Convention on Narcotics defines:

Schedule IV (substances of highest risk potential, that are considered likely to have no medical use, and countries are entitled to ban them from all use except for research) -> Indonesian Category I (banned for all but scientific research)
Schedule I (highest risk, also includes Schedule I substances) ->
Indonesian Category 2 (legal with prescription), except for:
plants: opium poppy, coca, and cannabis;
drugs: opium, cocaine and cannabis,
as well as certain synthetic opioids,
which are defined in Indonesia as Category 1.
Schedule II (lower risk) -> Indonesian Category 3 narcotics (also legal with prescription)
Schedule III (lowest risk, for certain dosages and preparations of Schedule II drugs) -> Indonesia not used

It should be that there is no requirement under international law to ban Schedule IV drugs for medical usage, and two such drugs are legal in certain other countries, but are strictly illegal in Indonesia:

etorphine, which is used in veterinary medicine, e.g., to anaesthetise elephants
ketobemidone, a painkiller prescribed in Scandinavia under the brand name Ketorax

In addition:

cannabis was removed from UN Schedule IV in 2021 and in many countries is widely used for medical and/or recreational purposes. In Indonesia EVERYTHING made from any species of cannabis plant (including non-psychoactive hemp) is classed as a Category 1 drug. This makes CBD oil, hemp seeds, etc. strictly illegal even though they are widely sold on Indonesian ecommerce sites
cocaine has widespread medical use as a local anaesthetic, which is strictly illegal in Indonesia, as it is a Category 1 drug.

The Convention on Psychotropics defines:

Schedule I (highest risk, no therapeutic value)
Schedule II (high risk, limited therapeutic value)
Schedule III (high risk, large therapeutic value)
Schedule IV (low risk, some therapeutic value)

Law 5 of 1997 on psychotropics copied these schedules into Categories 1–4 of Indonesian law.

The 2009 law on Narcotics

In 2009, Indonesia passed the clumsy Law 35/2009 on Narcotics. This revoked the 1997 Narcotics law, applying harsher penalties, including minimum sentences for most crimes. It redefined most Category 1 and Category 2 Psychotropics as Category 1 (no Category 2!) Narcotics.

Amphetamines at Indonesian law, including for ADHD treatment

The 2009 Narcotics Law redefined UN Schedule II Psychotropics amphetamines, including methamphetamine, as category 1 narcotics, making them illegal to use for medical purposes.

Amphetamines are extensively used in the treatment of ADHD under the brand name Adderall, but a prison sentence of at least four years is mandated for possession in Indonesian law, or at least five years for import.

The prodrug lisdexamphetamine, which is metabolized by the body into dexamphetamine (dexamphetamine itself is a category 1 narcotic in Indonesian law), and which was first marketed in the US in 2007, as Vyvanse, is not covered by the Indonesian ban. Vyvanse is not licensed as a prescription drug in Indonesia, although it would be possible to import it with a doctor’s prescription.

Aside from amphetamines, methylphenidate (Ritalin) is legal with prescription as a category 2 psychedelic drug, and is prescribed by Indonesian doctors in the treatment of ADHD.

It should be noted that levmetamphetamine is a legal over-the-counter drug sold on Amazon in the US, but constitutes a category 1 narcotic in Indonesia with a mandatory minimum sentence of 5 years for importing.

There are amphetamine-class drugs in Schedule IV of the UN psychotropic treaty prescribed for weight loss. As these are Schedule IV/Category 4 in Indonesia, these are legal with prescription.

GHB

The rape drug GHB was listed as a Schedule IV psychotropic by the UN in 2001, and raised to Schedule II in 2013. When the news of British-based Indonesian serial rapist Reynhard Sinaga, who drugged his victims with GHB emerged, the deputy head of the Indonesian BPOM falsely claimed that GHB is not listed in any country. It is likely that Indonesia in breach of its international treaty obligations by failing to restrict GHB.

When I checked at the time of writing this article, a seller of GHB was openly promoting its use to rape people on the ecommerce site Lazada. It is/was also sold on Tokopedia.

Benzodiazepines

Benzodiazepines are widely prescribed, and widely abused in Indonesia. They are classed as category 2, 3 and 4 psychotropics in Indonesian law, and are therefore legal to possess or import with a valid prescription. This excludes the novel/designer benzodioazepines clonazolam, flubromrazolam, and flualprazolam, which are not used medically and are classed as category 1.

Opioids

There is a misconception that because Indonesia is ‘tough on drugs’, that Indonesia has draconian restrictions on opioid painkillers, as with certain Middle Eastern countries. This is not the case.

However, it should be noted that whereas international law suggests that certain preparations of weaker opioids with other medicines, such as codeine can be sold unrestricted without prescription, this is not the case in Indonesia. Therefore for example importing the over-the-counter co-codamol (paracetamol + codeine) carries a mandatory minimum sentence of two years’ prison. It would be legal if you had a prescription.

Indonesia generally classes strong prescribed painkillers, such as fentanyl, as category 2, legal with prescription. Modern fentanyl analogs are mostly category 1, as they are not prescribed.

Carisoprodol

Carisoprodol is a muscle relaxant that is widely prescribed in certain countries and a Schedule II psychotropic. The 2009 Narcotics Act made it a Category 1 narcotic in Indonesia, carrying a minimum four year prison sentence.

Antidepressants

With the exception of amineptine, which is a Schedule II psychotropic and a Category II psychotropic, illegal to possess without prescription, antidepressants (such as Prozac) are not categorized under psychotropic or narcotic legislation.

Psychoactive plants

The plants specifically defined as category 1 narcotics are:

the opium poppy (Papaver somniferum) plant, including all its parts such as poppy straw, poppy fruits, but NOT poppy seeds, and its latex (‘opium’)
the coca plant, being all members of the Erythroxylum genus, including its fruit, seeds, leaves, and all preparations from cocaine leaves
the cannabis plant being all species from the genus cannabis, including all parts such as seeds, fruit, straw, and all products process from said plants including ganja and hashish.
the khat plant, Catha edulis, banned by regulation 2/2017
the caapi plant (soul vine), Banisteriopsis caapi, banned by regulation 58/2017
the chacruna plant, Psychotria viridis, ditto
the jurema plant, Mimosa tenuiflora, ditto

At international law, magic mushrooms are NOT a scheduled psychotropic, despite containing the Schedule I pscyhotropics psilocin and psilocybin. The UN drugs commission recommends that countries should ban plants that contain Scheduled psychotropic substances IF they find they are causing social problems in those countries.

The fact that khat (containing cathinone and cathine), chacruna and jurema (both containing DMT), as well as caapi (used to activate DMT) were banned in 2017, raises the question of the legality of the following plants:

magic mushrooms, which contain psilocin and psilocybin (both category 1 narcotics)
peyote, which contains mescaline, a category 1 narcotic

The cases:

all involved the possession of magic mushrooms, and four/five year minimum sentences were imposed in each case. Although some scholars have questioned the wording of the Narcotics law in respect of the legality of naturally occurring psychoactive substances, police and courts have read the law to include these substances, despite the ambiguity.

It should be noted that kratom, which contains mitragynine, is not an illegal substance, as neither kratom, nor mitragynine are illegal. However, it is forbidden from use in food supplements, and there is a recommendation (as of December 2022) to list it as a category 1 narcotic, so this could change at any point.

Other plants not currently restricted include salvia, which contains the unrestricted substance salvinorin A, and iboga, which contains ibogaine, also unrestricted.

Crimes at Indonesian law

Psychotropic law crimes

Since the most restricted psychotropic substances were redefined as narcotics in 2009, there are few Category I substances, and those that exist are of little interest to anyone.

The crimes relating to Indonesian psychotropics are:

unauthorized possession or storage of a psychotropic, up to 5 years and up to 100 million fine — this would cover possession without a prescription
failing to report the misuse or unauthorized possession of psychotropics up to 1 year/20 million rupiah
category 1 psychotropics — 4 to 15 years prison plus 150–750 million fine. If organized, fine of 750 million plus life/20 years/death sentence. If performed by a company, fine increased to 5 billion.
producing of any psychotropics other than in a licensed factory, not meeting standards, not being a registered producer up to 15 year prison and up to 200 million fine
distributing psychotropics other than via approved routes (factory to pharmacy, hospital, etc) — up to 3 years and up to 60 million fine
supply psychotropics except via a doctor, clinic, hospital up to 3 years/60 million fine
receive psychotropics except via such a route up to 3 years/60 million rupiah, except if the end user in which case up to 3 months
unauthorized export — up to 10 years and up to 300 million rupiah

Foreigners who have been sentenced to a psychotropic offence and given a sentence of at least 3 years must be deported from Indonesia.

Offences under the Narcotics law

The offences under the narcotics law are:

growing/cultivating [applicable for plants only], possessing, storing, controlling or supplying ‘possession’
gives to another for use — ‘giving’
offering for sale, selling, purchasing, receiving, acts as an intermediary in a sale, exchanges, or delivers — ‘buying’
produce, import, export, or distribute ‘import’
carry, send, transport, transit — ‘transport’
being a drug abuser (proven in court typically following urine/hair tests), and subject to required rehabilitation, etc. — ‘user’ (children under 18 reported by their parents, or those in a designated rehabilitation facility/treatment are not punishable)

The narcotics law defines as a ‘large amount’, increasing all fines by 1/3, and increasing prison sentences:

for plant material: more than 1kg, or more than five plants
other than plant material: more than five grams

Sentences

are longer then for psychotropics, and carry mandatory minimums.

‘possession’ as well as ‘transport’
Category 1 (articles 111–112, 115) 4–12 years AND 0.8–8 billion fine. 5–20 years OR life if ‘large amount’.
Category 2 (117, 120) 3–10 years AND 0.6–5 billion fine. 5–15 years if ‘large amount’.
Category 3 (122, 125) 2–7 years AND 0.4–3 billion fine. 3–10 years if ‘large amount’.
‘import’ as well as ‘buying’
Category 1 (113, 114) — 5–15 years AND 1–10 billion fine. 5–20 years OR life OR death if ‘large amount’.
Category 2 (118, 119) — 4–12 years AND 0.8–8 billion fine. 5–20 years OR life OR death if ‘large amount’.
Category 3 (123, 124) — 3–10 years AND 0.6–5 billion fine. 5–15 years if ‘large amount’.
‘giving’
Category 1 (116) — 5–15 years AND 1–10 billion fine. 5–20 years OR life OR death, if death or permanent disability results.
Category 2 (121) — 4–12 years AND 0.8–8 billion fine. 5–20 years OR life OR death if death or permanent disability results.
Category 3 (126) — 3–10 years AND 0.6–5 billion fine. 5–15 years if death or permanent disability results.
‘user’ (127)—
Category 1 up to 4 years
Category 2 up to 2 years
Category 3 up to 1 year

Articles 111–126, are due to be replaced from 2026 by the new criminal code, articles 609–610. This has the following effects:

the ‘giving’, ‘buying’, and ‘transport’ offences are revoked.
The fine for ‘possession’ and ‘import’ is changed to a ‘category 4–6 fine’ for all categories of narcotic, or if large amount category 5–6.

Prison sentences remain the same.

The new criminal code defines fines as:

category 3 — not more than 50 million rp
category 4 — not more than 200 million rp
category 5 — not more than 500 million rp
category 6 — not more than 2 billion rp

Other narcotics offences

Possessing/selling/etc/etc precursors in order to produces narcotics. 4 to 20 years prison, plus a fine of up to 5 billion (129)
Anyone who entices or otherwise persuades a child to commit any of the above offences (111–126, 129) is subject to life in prison, the death penalty, or 5–20 years prison, and a fine of 2–20 billion rupiah (133(1)).
Anyone who gives, entices, etc., a child, to consume narcotics, is subject to 5–15 years prison, and 1–10 billion rupiah fine (133(2)).
All the above (111–126, 129) fines and prison sentences are increased by 1/3 if the offences are done in organized manner, but not increasing sentences beyond 20 years. (132)
Failing to report yourself as an adult drug addict carries a sentence of up to six months in prison or up to 2 million fine. (134(1))
Failing to report your parents, children, or siblings as a drug addict carries a sentence of up to three months in prison or 1 million fine. (134(2))
Failing to report any of these offences (111–129) is a crime carrying a penalty of up to 1 year in prison and 50 millon rp fine. (131)
Anyone who commits any offences (111–129) outside of Indonesia is subject to the same provisions (145).
Foreigners who commit narcotics crimes must be deported (146).
Places/transfers/etc. assets/income from the sale of narcotics or precursors carries a sentence of 5–15 years and 1 to 10 billion rupiah , or for being the recipient in such a transaction 3–10 years and 0.5–5 billion rupiah (137)