Narkotika (Narcotics) under Indonesian Law No. 35 of 2009

Under Article 1 point 1 of Law Number 35 of 2009 on Narcotics. Narkotika (Narcotics) are substances or medicines derived from plants or non-plants. Whether synthetic or semi-synthetic, that can lower or alter consciousness, eliminate sensation, reduce to eliminate pain. In addition, Cause dependence, differentiated into schedules listed in the law's annex. The term covers both legitimate prescription medicines and substances prohibited in clinical care, distinguished by schedule and purpose.

Schedules I, II, and III and Permitted Use

Article 6(1) divides narcotics into three schedules. Under its Elucidation, Schedule I narcotics are solely for scientific development, are not used in therapy, carry a very high dependence potential. In addition, Are strictly prohibited for healthcare services (Article 8(1)). Schedule II narcotics have medicinal value as a last-resort therapy and carry high dependence potential. Schedule III narcotics are widely used in therapy and carry mild dependence potential. Schedule changes are set by Ministerial Regulation (Article 6(3)).

Rules for Clinics, Hospitals, and Prescriptions

Based on medical indication, a doctor may administer Schedule II or III narcotics in limited quantities and specific preparations (Article 53(1)). Under Law Number 17 of 2023 on Health Article 139(2), medicines containing narcotics may only be used under a medical practitioner's prescription. Patients carrying narcotics for personal treatment must hold valid proof such as a doctor's letter or prescription copy (Law 35/2009 Article 53(3) and Elucidation). Pharmacies, hospitals, Puskesmas, clinics, and doctors holding narcotics must store them in special storage and submit periodic reports (Article 14(1)-(2)).

Related Statutory Terms

• Narcotics Addict (Pecandu Narkotika): A person who uses or misuses narcotics and is in a state of physical or psychological dependence (Article 1 point 13).
• Abuser (Penyalah Guna): A person who uses narcotics without authorization or unlawfully (Article 1 point 15).
• Mandatory Rehabilitation: Addicts and victims of narcotics abuse (those coerced, deceived. Alternatively, Threatened into unintentional use) must undergo medical and social rehabilitation (Article 54 and Elucidation).
• Narcotics Precursor (Prekursor Narkotika): Starting substances or chemicals usable in manufacturing narcotics (Article 1 point 2).

Legal basis: Law Number 35 of 2009 Articles 1 points 1, 2, 13, and 15, 6(1), 6(3), 8(1), 14, 53, and 54 with Elucidation. Law Number 17 of 2023 Article 139(2). Law Number 6 of 2023 Annex Article 63.