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.
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.
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.
In each preparation of lawsuits against drug charges, a prosecutor should be able to do the following things:
- Perform prosecution proportionally, professional, firm and consistent, the drug cases.
- 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:
- 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.
- 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:
- Supervision of cultivation illegal drugs.
- Monitoring the entry of precursor materials from abroad.
- Sweep or police operation to prevent circulation of drugs in society.
- Enforcement against illegal laboratories.
- 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:
- Communication, Information, and Education through brochures, advertisements, or social media to society.
- Education to the community.
- Workshop and FGD
- 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:
- Provide therapy and medical treatment so that the user can be separated from the poisoning, overdose and free from other physical ailments.
- Provide rehabilitation.
- 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
- Provide general facilities
- As facilitators and coordinators in each formulation of the vision, mission and strategy together.
2) Department of Health
- Curative activities.
- Preventing sexually transmitted diseases, HIV / AIDS, Hepatitis C.
3) Food and Drugs Monitoring Agency
- To monitor and supervise the use of or utilization of narcotics, psychotropic and precursor by the importer, pharmaceutical and laboratory users.
- Recording, monitoring and audit of all agencies that use narcotics, psychotropic and precursor in the operations.
4) Department of Agriculture
- To supervise the lands that serve as a place of cultivation or planting drugs.
5) Department of Education
- Provide early education and incorporate into the curriculum about the dangers of drugs.
- Working with The INP in preventing and combating drugs in schools.
6) Department of Social
- Conduct training to vulnerable groups such as poor people, beggars and homeless.
- Together with other agencies to do the counseling and rehabilitation of a dependent group of users.
- Media should present proportional and conducive news and information about drugs in order to provide education to the community.
- Avoid preaching provocative and destructive so that could increase the anxiety and distrust of society to government/INP.
- Be active in providing information to INP about the abuse of drugs in the community.
- Partnership with other Government agencies.
- Establish counseling centers and rehabilitation sites.
9) Civil society
- Together with other social workers actively assist in the rehabilitation of victims of drug users.
- Influence his followers to avoid drug abuse.
- Prevent entry and exit of drugs or precursors from abroad through customs entrance doors.
- Together with other agencies conduct surveillance and selective physical examination of the means of conveyance containing drugs or precursors.
- Cooperation with other agencies such as the Ministry of Foreign Affairs / Embassy in the selection of the granting of a visa to visit Indonesia.
- 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:
- 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.
- 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.
(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).
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.
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.
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).