INDONESIA’S COUNTRY PROGRESS REPORT OF DRUG CONTROL

th Presented on the 9 Meeting of the ASEAN Inter Parliamentary Assembly (AIPA)

Fact Finding Committee (AIFOCOM)

Yogyakarta,

2012

1

INDONESIA’S COUNTRY PROGRESS REPORT

I. INTRODUCTION

1. Abuse and illegal trafficking of narcotics poses a serious threat for the longevity and cultural values of the Indonesian people, and can eventually weaken the nation’s resilience. Therefore, to prevent and eradicate illegal drug trafficking and drug abuse in Indonesia, Law Number 22 Year 1997 regarding narcotics regulation for the eradication of criminal acts of narcotics through criminal punishment, has been amended. 2. Drug crimes indicate a trend that has increased both quantitatively and qualitatively with more victims, particularly among the youths. Narcotics crimes are no longer committed individually, but collectively, and form organized syndicates with broad networks that work clandestinely both domestically and internationally. 3. In order to step up prevention and eradication of criminal acts of narcotics, the Indonesian Government amended Law No. 22 Year 1997 regarding Narcotics with Law Number 35 Year 2009 regarding Narcotics signed by the President on October 12, 2009. This law established the Indonesian National Narcotics Board (Badan Narkotika Nasional Republik Indonesia) as an independent law enforcement agency, also in charge for prevention, community empowerment, treatment and rehabilitation and alternative development.

2

II. DRUG PROBLEM SITUATION 2007 - 2011 A. DRUG CRIMINAL CASES 2007 - 2011

1. Type and quantity of drug criminal cases 2007- 2011

The number of Drug Criminal Cases 2007 - 2011 Criminal Cases 2007 2008 2009 2010 2011 Narcotics 11,380 10,008 11,140 17,898 19,128 Psychotropic 9,289 9,783 8,779 1,181 1,601 Total 20,669 19,791 19,919 19,079 20,729 Percentage ↓ 4,25% ↑ 0,65% ↓ 4,22% ↑ 8,65% Source : Center for Research, Data and Information, BNN, 2012

20000 19,128 17,898 18000 16000 14000 11,380 12000 11,140 10,008 9,289 9,783 Narcotics 10000 8,779 Psychotropics 8000 6000 4000 1,181 1,601 2000 0 2007 2008 2009 2010 2011

3

2. Type and number of drug criminal offenders 2007 – 2011

The number of drug criminals arrests by type of drug offences 2007 – 2011 Drug Offence 2007 2008 2009 2010 2011 Consumption/abuse 16,897 15,485 14,184 13,086 13,705 Cultivation (cannabis) 60 44 52 35 35 Manufacture 35 61 107 113 64 Distribution/retail 19,177 29,121 24.062 20,263 22,928 Total 36,169 44,711 38,405 33,497 36,732 Percentage ↑ 23,6% ↓ 14,1%* ↓ 12,8%* ↑ 9,7% * : decrease Source : Center for Research, Data and Information, BNN, 2012

22,928 64 Distribution/retail 2011 35 Manufacture 13,705 20,263 Cultivation 113 2010 Consumption /abuse 35 13,086 24,062 107 2009 52 14,184 29,121 61 2008 44 15,485 19,177 35 2007 60 16,897 0 5000 10000 15000 20000 25000 30000 35000

4

3. Type and quantity of drugs seized 2007 - 2011

The number of drugs seized 2007 - 2011 2007 2008 2009 2010 2011 CANNABIS 242.00 128.20 241.80 178.40 305.83 AREA (HA) CANNABIS TREES 1,869,596 598,049 541,019 449,618 1,839,664 (STM) CANNABIS LEAVES 31,877 140,496 110,764 22,691 245,924 (KG) HASHISH 281.75 26.40 58.80 4,946.60 230.99 (GR) COCAINE 241.80 523.90 265.70 216.03 116.97 (GR) HEROIN 14,691.80 29,553.80 15,473.70 33,111.44 28,299.81 (GR) MORPHINE - 71.5 - - - (GR) MA (SHABU) 1,240,556.30 709,854.80 239,449.90 480,501.74 1,166,626.16 (GR) MDMA (ECSTASY) 1,195,306.00 1,091,204.00 318,904.00 434,909.50 1,096,058 (TBL) Source : Center for Research, Data and Information, BNN, 2012

B. DRUG ABUSE 2009 - 2011 1. Number of drug abusers and type of drugs abused 2009 - March 2011 2009 2010 2011 3,590,765 3,826,974 4,071,014

2. Number of drug users projection 2012 2013 4,323,366 4,583,690 (This projection made assuming citeris paribus and if there is no more effective intervention made).

5

3. Number of drug abusers follow T&R programs 2007 - 2011

The number of drug abusers follow T & R programs in BNN Lido 2007 - 2011 2007 2008 2009 2010 2011

Narcotics 178 340 434 492 1094 Psychotropic 10 84 185 296 1003 Other Addictive Substances 19 48 245 53 166 (Benzodiazepam) Total 207 472 864 841 2263 Percentage ↑ 128% ↑ 83% ↓ 2,6% ↑ 169% Source : Deputy of Rehabilitation, BNN, 2012

1200

1000

800 Narcotics

600 Psychotropic

400 Other Addictive Substances (Benzodiazepam) 200

0 2007 2008 2009 2010 2011

6

III. NATIONAL COUNTER DRUG STRATEGY 2010 - 2014: A. VISION, MISSION, AIM, TARGET, DIRECTION OF THE POLICY, NATIONAL STRATEGY

1. VISION Create together a “Drug-free Indonesia 2015”

2. MISSION Implement comprehensive and synergic measures in the prevention and eradication of drug abuse and illicit drug trafficking

3. AIM The realization of a “Drug-free Indonesia 2015”

4. TARGET Increase the number of immune communities, decrease the prevalence of drug abuse to below 2,8%, and improve disclosures of illicit drug trafficking by the end of 2015.

5. DIRECTION OF THE P4GN POLICY

a. Make 97,2% of the population immune from drug abuse and illicit trafficking through active involvement of all component in the community, nation and the state of Indonesia by developing an attitude against drugs create a drug-free environment.

b. Make 2,8% of the population of drug abusers/addicts gradually receive inpatient or outpatient medical and social rehabilitation and prevent them from relapse through the aftercare program.

c. Interdiction actions for the total eradication of local/foreign drug syndicates and crush their economic power through forfeiture of assets from drug crimes, and harsh and severe law enforcement measures.

7

6. NATIONAL STRATEGY

a. Prevention

1) Make students have a mindset, attitude and skill to reject drug abuse and illicit drug trafficking

2) Make workers have a mindset, attitude and skill to reject drug abuse and illicit drug trafficking

b. Community Empowerment

1) Create an environment in the school and campus free from drug abuse and illicit drug trafficking, especially from the abuse of shabu, ganja, heroin and ecstasy.

2) Create a workplace free from drug abuse and illicit trafficking, especially from ganja, shabu, ecstasy and heroin.

3) Through community empowerment develop awareness in the districts with social and economic background in cannabis cultivation

4) Through community empowerment develop awareness among unaffected community groups, drug abusers and perpetrators of illicit drug trafficking in Kampung Permata, West , DKI Jakarta and development of programs in other regions or provinces that are at risk to drug abuse.

c. Rehabilitation

1) Intensification of compulsory reporting by drug addicts

2) Facilitate medical and social rehabilitation for drug abusers, victims of drug abuse, and drug addicts

3) Priority-based development of medical and social rehabilitation facilities based on the level of risk

4) Follow-up guidance for ex-drug users, victims of drug abuse and addicts to prevent relapse

8

d. Eradication

1) Strict control of import, production, distribution, end user, export, and re-export of precursors chemicals, and law enforcement measures on suspects of precursor deviation.

2) Dismantle clandestine manufacturers and/or kitchen laboratories and syndicates involved

3) Disclosure of money laundering crimes related to drug violations through severe law enforcement measures and to conform with legislation

4) Take synergic measures in the investigation, prosecution and bringing to justice local and foreign drug syndicates

5) Implement severe measures for law enforcement officers and other government officials involved in activities of drug syndicates

6) Enhance cooperation among law enforcement agencies to prevent discrepancies and gaps in the field

7) Enhance cooperation with international law enforcement agencies in the disclosure of foreign drug syndicates.

B. PROGRAMS AND ACTIVITIES

1. Programs

a. Prevention and Eradication of Drug Abuse and Illicit Traffic in Narcotics, Psychotropic Substances, Precursors and Other Addictive Substances (Technical Program).

b. Management and Technical Support (Generic Program).

2. Activities

a. Technical Program

1) Dissemination of Information;

9

2) Advocacy;

3) Community Empowerment;

4) Alternative Empowerment;

5) Strengthen Government Rehabilitation Institution;

6) Strengthen Community Based Rehabilitation;

7) Rehabilitation of Drug Abusers;

8) Aftercare Service;

9) Technology-based Intelligence;

10) Investigation of natural narcotics abuse and illicit trafficking;

11) Investigation of synthetic narcotics abuse and illicit trafficking;

12) Investigation of abuse and illicit traffic in Psychotropic Substances and Precursors;

13) Air, Sea, Land and Border interdictions;

14) Countermeasures and Pursuit;

15) Control of detaines, Evidence, Investigation and Management of Assets;

16) Arrangement of legal products and legal assistance;

17) Cooperation at national and international / regional levels. b. Generic Program 1) Establish and develop BNN Programs and Budget;

2) Development of Organization, Structure and Human Resources;

3) Guidance for Administration and Financial management;

4) Guidance for public relation, administration, household affairs and facilities & infrastructure management;

5) Control / supervision and Development of Performance;

10

6) Research, Data and Information on the prevention and eradication of drug abuse and illicit trafficking;

7) Develop Drug Laboratory Examination Services;

8) Develop Education & Training Facilities;

9) Improvement of BNN service capacity in the provinces.

IV. IMPLEMENTATION OF THE POLITICAL DECLARATION AND PLAN OF ACTION ON INTERNATIONAL COOPERATION TOWARD AN INTEGRATED AND BALANCED STRATEGY TO COUNTER THE WORLD DRUG PROBLEM:

A. Implementation of the international drug control treaties :

1. Change in the scope of control of substances :

. In 2011 there is no change in the scope of control of substances

2. International Narcotics Control Board ( INCB) :

. The Government of Indonesia made reports to the INCB, containing :

 Form A : Quarterly statistics of import and export of narcotic drugs.

 Form B : Annual estimates of requirements of narcotic drug and manufacture of synthetic drugs.

 Form C : Annual Statistics of production manufacture, consumption, stocks and seizures of narcotic drugs

 Form D : Annual information on substances frequently used in the illicit manufacture of narcotic drugs and psychotropic substances.

 Form P : Annual information on substances listed in the convention on psychotropic substances of 1971.

11

. The report were made, based on the export, import manufacture and distribution realization report from the narcotic, psychotropic and precursor manufacture.

3. International cooperation to ensure the available of narcotic drugs and psychotropic substances for medical and scientific purposes, while preventing their diversion.

. The Narcotics Law, Act No. 35 year 2009 and the Psychotropic Law, Act No. 5 year 1997, ensure that narcotic drugs and psychotropic substances for medical and scientific purposes are available, through importation and manufacture by the pharmaceutical companies under license of the Minister of Health.

. Yearly estimates on the need of narcotic drugs, psychotropic substances and precursor are reported by the Minister of Health to the INCB.

. The realization of the importation, manufacture, distribution and use for medical and scientific purposes, are under control of the Ministry of Health and the National Agency for Drugs and Food Control.

. The National Agency for Drugs and food Control, supervise the distribution of drugs since the port of entry, the whole distribution channel till the end user, and also conducted audits, to prevent diversion, and law enforcement together with investigators from the National Narcotics Board and the Police, if diversion is detected.

4. Other matters arising from the international drug control treaties.

. To eradicate money laundering activities and illicit trafficking of drug syndicates, it is imperative that all assets derived from the commission of drug crimes should be confiscated, and that confiscated assets located in another country could be shared as stipulated in the UN Convention against Illicit Traffic in

12

Narcotic Drugs and Psychotropic Substances, 1988, article S paragraph 4, sub paragraph (a) and (b) . Article 5, paragraph 4 sub paragraph (f), stipulated that this convention (1988) can be used as the necessary and sufficient treaty on assets sharing, we request to reaffirm the use of said article as a legal basis for assets sharing between countries, which have ratified the 1988 Convention.

B. Round table discussions : 1. Counter – narcotics efforts and the principle of common and shared responsibility : opportunities and challenges.

a. Opportunities :

1) The National Narcotics Board and the Indonesian National Police (INP) have conducted joint investigation operations with several countries, for exchange of drug intelligence, interrogation of suspects arrested in another country, transnational controlled delivery and the issuing of red notice by Interpol. Several significant cases could be mentioned :

a) Cooperation with the Royal Thai Police, for the interrogation of an organizer of MA (shabu) and heroin trafficking network and money laundering crime, fugitive of the BNN (National Narcotics Board), that was arrested in Bangkok, Thailand based on BNN information

b) Cooperation with China (NNCC) for the interrogation of a suspect arrested in China for trafficking 7 kg MA (Shabu). This suspect is a fugitive of BNN, with a red notice from Interpol requested by BNN, based on several big drug cases, with a big network, including prison employees.

13

c) Cooperation with Portugal (Narcotic Authority) for the interrogation of 2 (two) suspects (Indonesian National) involved with the smuggling of 1.8 tons cocaine by sea with the ship “Joana”. The International drugs syndicate has recruited Indonesian Nationals in Tegal, Central , as ships crew, to smuggle drugs. BNN is assisting Narcotic Authority of Portugal, to identify the syndicate member that recruited the ships crew in Indonesia.

b. Challenges :

1) Illicit drug trafficking by sea, consist of big consignments of drugs and precursors Indonesia consists of 17.508 island, and has a coastline of 85.000 km. It is a very big challenge to prevent and eradicate maritime drug trafficking. In this regard Indonesia highly appreciate the provision of maritime drug intelligence to BNN or the INP, from other countries.

2) It is also a big challenge for interdiction coordination at land borders in with Malaysian in with Papua Nugini and Timor with Timor Leste, because of the long land border, surrounded by very thick and great rain forests or wild jungle with no roads. Indonesia would like to learn from other countries, with the same physical environment, how to tackle the problem.

2. Measures to prevent diversion of substances frequently used in the manufacture of narcotic drugs and psychotropic substances from domestic distribution channels including by strengthening partnerships with the private sector.

a. Indonesia has ratified all UN Conventions on drug control ( 1961, 1971 and 1988 ).

b. For the Illicit trafficking in Narcotic Drugs and Psychotropic Substances, 1988, Indonesia has enacted Act No. 35 Year 2009, on

14

Narcotics in which is stipulated that 2 (two) Tables of Precursors are regulated in article 129, if related there is a penal sanction of minimum 4 (four) years and maximum 20 (twenty) years imprisonment.

Article 129

“Shall be sentenced with imprisonment of at the least 4 (four) years and at the most 20 (twenty) year and pecuniary sanction of at the most Rp. 5.000.000.000,00 ( five billion rupiah ), every person who illegally or unlawfully :

a. Owning, storing, possessing, or providing Narcotics Precursors for the manufacture of Narcotics;

b. Manufacture, importing, exporting, or distributing Narcotic Precursor for the manufacture of Narcotics;

c. Offering to be sold, selling purchasing, receiving, becoming an intermediary for the sale and purchase of exchanging, or delivering Narcotic. Precursor for the manufacture of Narcotics.

d. Bringing, sending, transporting, or transiting Narcotic Precursor for the manufacture of Narcotics” c. For the prevention of diversion of legal Precursor, and the legal control, Government Regulation No.44 Year 2010, was issued based an Act No.35 Year 2009 on Narcotics, mentioned above. d. Other regulations issued by the respective Ministries are :

1) Regulation by the Minister of Health No.168 / MenKes / Per / II / 2005, on Pharmaceutical Precursors.

2) Regulation of the Minister of Industry and Trade No.647 / MPP / Kep / 10 / 2004, on Importation of Precursors.

3) Regulation of the Minister of Trade, No. 05 / M / DAG / Per / I / 2007, on Exportation of Precursors.

15

e. The Minister of Health give the permit for importation and exportation of pharmaceutical precursors.

f. The National Agency for Drugs and Food Control ( NADFC) supervise the distribution of drugs since the port of entry, the whole distribution channel, till the end user, and also conducted audits, to prevent diversion and law enforcement together with the BNN investigators and the Police if diversion is detected.

g. The BNN together with the pharmaceutical and chemical industries have formulated guidelines for the prevention of diversion, and code of ethics.

C. Implementation of the Political Declaration and Plan of Action on International Cooperation towards and Integrated and Balanced Strategy to counter the World Drug Problem.

1. Demand Reduction and Related Measures

Deputy of Prevention

To improve public immunity against the danger of drugs BNN conduct activities on information dissemination by utilizing the method of Communication, Information and Education (CIE) Information dissemination is done through various approaches and activities, from placements of advertisements in the printing, electronic and outdoor media to face-to-face encounter and other Interactive media. Socialization of drug information is conducted by Deputy of Prevention, cq. Directorate of Information Dissemination and Directorate of Advocacy, and activities conducted by Directorate of Information Dissemination and Directorate of Advocacy are as follows :

a. Directorate of Information Dissemination.

1) Preparation of Documents on the Planning of Information Dissemination

16

a) Organizing coordination meetings for the coordination and synchronization of programs from the related government agencies and institutions in the prevention of drug abuse.

b) Data collection for the targeted information dissemination from 11 related agencies.

c) Analysis and finalization of targeted data in the documentation for the planning of information dissemination, in order to develop a synergy among the related stakeholders in uniting their measures in accordance with the national policies and strategies in the prevention of drug abuse as poured forth in the document of prevention planning.

2) Preparation of Technical Guidelines for Information Dissemination, involving representatives of 33 provinces In Indonesia.

3) Preparation of work procedures for the electronic and non-electronic information dissemination, respectively 5000 issues each, that should be printed.

4) Anti-drug Advertisement.

a) Anti-drug public service advertisements for youngsters in 3 provinces : DKI Jakarta, and .

b) Anti-drug public service advertisements for workers in 4 provinces: North Sumatera, , North and DKI Jakarta.

c) Anti-drug public service advertisements for community groups in 4 provinces: , West Sumatera, DI and DKI Jakarta.

5) Anti-drug public service electronic and non-electronic advertisements for three target groups (youngsters,

17

workers/professionals, general public). Anti-drug public service advertisements :

a) Broadcasted in three versions (youngsters, workers and general public) by 10 national private television stations: TVOne,Trans7,TransTV, ANTV, Metro TV, MNC, Global TV, Indosiar, RCTI, SCTV,and LPP TVRI (government).

b) Electronic advertisements broadcasted by 4 radio stations: Hard Rock FM, Trijaya FM, Motion FM, including 1Radio & 1 Radio Network (RRI Pro2).

c) Advertisements in 5 cyber media: Indonesiafinancetoday.com; Inilah.com; detik.com; kapanlagi.com; and okezone.com.

d) Advertisements in printing media, 1 national newspaper (Harian Kompas), and local newspapers: NAD Serambi Indonesia; Surabaya-Metropolis; Pontianak-Tribun Pontianak; Manado- TribunManado; Bangka Belitung-Bangka Post; Yogyakarta-Tribun Yogyakarta; East Kalimantan- Tribun Kaltim; Kupang-Pos Kupang;

e) Outdoor advertisements: 10 air balloons, 750 banners, 5 balihos, 400 pennants, 1000 polo shirts, and 1000 canvas handbags;

f) Poster & flyers advertisements: 5000 each.

6) Anti-drug Film

a) Initial discussions on the antidrug VCD concept.

b) Finalization of antidrug VCD

c) Production of antidrug VCD entitled “A Song for You”

18

7) Interactive Anti Drugs talk show

a) Interactive talk show program through television 30 episodes of a talk show program broadcasted by 3 national private TV stations: TVOne; Metro TV; ANTV; and 1 national station, LPP TVRI, including 3 local stations (Bandung, Medan and Bali).

b) Interactive talk show program by radio media: Delta; Female; Elshinta Radio. Hard Rock, IRadio,Trijaya, Motion FM Jakarta, and RRI PRO3 FM

8) Anti-drug Cultural Performance.

a) Information on the Dangers of Drug Abuse for Actors of Traditional Shows.

The purpose is to improve knowledge of traditional actors on the P4GN program. In 2011 this activity was conducted in nine (9) provinces: West Sumatera, East Java, , DKI Jakarta, , Bali, East Kalimantan, and Papua, involving 270 actors of traditional shows.

b) Anti-drug Cultural Performance

In the efforts of The Prevention and Eradication of Drug Abuse and Illicit Drug Trafficking P4GN this activity is meant to extend information on the dangers of drug abuse and antidrug messages by utilizing traditional cultural shows, which was conducted in eight (8) provinces: West Sumatera (Randai) involving 500 people; East Java (Ludrug), Banten (Topeng Ubrug), DKI Jakarta (Lenong), West Java (West Javanese Cultural Show), Bali (Wayang Cengblong and Bondress); East Kalimantan (Mamanda) and North Sulawesi (Tumantenden and Latirka Toar).

19

Actors of a Lenong show singing some Actors of an antidrug Ludrug performance songs accompanied gambang kromong music at the start c) Monitoring and Evaluation on the Implementation of Anti- Drug Cultural Performances

The activity is meant as a coordination medium with related agency and studios of traditional art in extending moral messages on the dangers of drugs. By doing this we expect to develop prevention and immunity to the public to reject any form of drug abuse. This activity was conducted In eight (8) provinces: West Sumatera, East Java, Banten, DKI Jakarta, West Java, Bali, East Kalimantan, and North Sulawesi. Respondents consisted of actors of the cultural shows, officials of government agencies, education elements, community leaders and the common public.

Grup Dimensi is a cultural group that is well known in North Sumatera

20

Culture is the right media for socialization of drug abuse to the public, for the proper delivery of messages

9). Book on P4GN

a) 5,000 issues of Guidelines on the Prevention of Narcotic and Narcotic precursors Abuse for Adolescents.

b) 5,000 issues of Guidelines on the Prevention of Narcotic and Narcotic Precursors Abuse for Young People.

10) P4GN Bulletin

12,000 issues of P4GN Bulletin in 12 editions.

11) P4GN Magazine

16,000 issues In 4 editions

12) P4GN Articles

Articles of antidrug messages in nonelectronic (printing) and electronic media (Internet). Information dissemination through the above media has achieved 99% of performance, while the remaining 1% (Antidrug cultural performance in the Papua province) could not be achieved due to security conditions in the region.

21

b. Directorate of Advocacy This directorate conducts advocacy on P4GN related to prevention, and has the functions :

Participants of Anti-drug Cadre forming during a group discussion and presentation of results 1) Advocacy of prevention related P4GN through government agencies

The antidrug cadre forming within government agencies is an effort to synergize the actions in the realization of commitments of policy makers and anti-drug cadres In the prevention of drug abuse, with the hope that the established cadres support the community in preventing drug abuse within their respective environments. Participants of the Meeting of Cross sector information staff are from the related agencies, such as Ministry of Education and Culture, Ministry of Religious Affairs, Ministry of Social Affairs, Ministry of Communication and Information, and Ministry of Youth Affairs and Sports.

2) Advocacy for government agencies

a) The establishment of networking within government agencies was conducted in 11 provinces: Bangka Belitung, , , , , Papua, , East Java, , Bali and .

b) Anti-drug cadre forming among government agencies was conducted In 7 provinces, namely

22

Bangka Belitung, West Kalimantan, East Nusa Tenggara, Riau Islands, East Kalimantan, Papua and Aceh .

c) Advocacy in the consolidation of Regional II anti- drug cadres, represented 14 provinces, namely East Java, Bali, East Nusa Tenggara, , North Sulawesi, , S.E. Sulawesi, , South Kalimantan, , , , Papua, and .

d) Expansion of anti-drug cadres among government agencies was conducted in DKI Jakarta.

Advocacy on the consolidation Participants of Cadre forming doing of antidrug cadre forming in games Antidrug cadre forming Regional II within Social Organizations 3) A Advocacy of prevention related P4GN through community groups The purpose of anti-drug cadre forming among Social Organizations is to develop and improve knowledge, understanding and awareness of social organizations on the dangers of drug abuse and illicit traffi cking In drugs, and these cadres will be able to initiate and take an active role in the prevention and eradication of drug abuse and illicit drug trafficking (P4GN) in their respective regions.

23

Participants of Cadre forming doing games 4) Antidrug cadre forming among community groups

a) Anti-drug cadre forming among community groups in 5 provinces: East Java, South Kalimantan, North Sumatera, South Sumatera, Bali.

b) Anti-drug cadre forming among community groups in 5 other provinces: West Nusa Tenggara, Riau, , North Maluku, and Maluku.

c) Establishment of networking among community groups in 4 provinces: Central Kalimantan, South Sumatera, Central Java, North Maluku.

d) Establishment of networking among community groups In 6 other provinces: West Nusa Tenggara, North Sumatera, Riau, North Sulawesi, Maluku, West Papua.

e) Expansion of anti-drug cadre forming in DKI Jakarta and Central Java.

f) Consolidation of regional anti-drug cadres in DKI Jakarta.

24

Participant of a Clean Kampung (Village) Contest

5) Workshop on P4GN information among Students

Anti-drug information for Secondary, High school and University students

Activities in creativity development were conducted to improve students’ involvement in P4GN to prevent drug abuse in the campus, and to develop students concern in maintaining a drug-free campus.

A workshop on P4GN information cadres was also organized to ward off students from drug trafficking in 11 provinces, namely North Sumatera, Central Java, West Java, DI Yogyakarta, DKI Jakarta, East Java, Riau Islands, , S.E. Sulawesi, Jambi and Gorontalo

25

6) Antidrug cadre forming among Families, in the Workplace, and among Educators of Secondary, high school and University students.

Anti-drug Information cadres meeting g) Anti-drug cadre forming among families In 11 provinces: DKI Jakarta, West Java, Central Java, Banten, S.E. Sulawesi, DI Yogyakarta, East Java, North Sumatera, East Kalimantan, South Sulawesi and South Sumatera.

h) Antidrug cadre forming in the workplace in 5 provinces: South Kalimantan, West Sumatera, East Nusa Tenggara, Banten and .

i) Antidrug cadre forming among higher education institutions in 9 provinces: West Java, Gorontalo, East Java, DI Yogyakarta, Central Java, North Sumatera, Jambi, Riau Islands and Lampung.

j) Antidrug cadre forming among educational institutions in 9 provinces: Gorontalo, East Java, S.E. Sulawesi, Central Java, North Sumatera, West Java, Lampung, Jambi and Riau Islands.

26

7) Meeting of Information cadres in the Prevention and Eradication of Drug Abuse and Illicit Drug Trafficiking (P4GN)

The meeting was attended by participants from the following circles :

a) Officials from government agencies and nongovernment organizations in 5 provinces: DKI Jakarta, East Kalimantan, South Kalimantan, East Java, and Papua.

b) Families from 3 provinces: DKI Jakarta, Lampung and East Kalimantan.

c) Junior and Senior Secondary Education from 5 provinces: DKI Jakarta, DI Yogyakarta, Jambi, North Sumatera and East Java.

Deputy of Community Empowerment

Improvement of community involvement in the Prevention and Eradication of Drug Abuse and Illicit Drug Trafficking (P4GN) is the main solution for achievement that needs to be developed in the community components. Providing understanding on the importance of community empowerment to take an active role in the P4GN program is one of the strategies in improving community immunity for a drugfree environment in educational circles, in the workplace and in the society.

Activities conducted by Directorate of Community Empowerment and Directorate of Alternative Development are as follows :

a. Directorate of Community Empowerment

This directorate has the task to empower society involvement in P4GN activities and carries out the functions In developing :

1) Involvement of education institutions, and

2) Involvement in the workplace and community groups.

27

3,740 anti-drug cadres have been established within the campus, workplace, government corporations and government agencies, with the hope to improve knowledge and understanding on the dangers of drug abuse of every participant/ worker, family and environment. b. Directorate of Alternative Development

It has the task to empower community related to P4GN through the application of alternative development, and by executing the functions of alternative development in rural areas; and among the community In urban areas.

1) Rural alternative development in Aceh

To change the former ganja cultivation into other productive crops of high economic value. The preliminary activities were surveys on the mapping of ganja cultivation areas in the whole province of Aceh from June to November 2010. The surveys were conducted by BNN in cooperation with 6 local universities. Eight (8) from 23 districts were identifi ed as the most affected areas to ganja cultivation where the economic and sociocultural characteristics of cannabis cultivation still appear among farmers.

Beside the survey, data was also obtained on the crops and alternative activities as a substitute for ganja cultivation.

Several factors that convince farmers to continue their activities in cannabis cultivation are low prices for other crops compared to the high selling price of cannabis, high living standards, and the profitable prices offered by ganja dealers from outside Aceh. Another reason is the low quality of living and standards of skills among the farmers, including great fluctuations of commodity prices for maize, chili, vegetables, etc., as a result of the harvest overflow.

28

No wonder these farmers are frequently tempted to take the offer to cultivate cannabis on the hill slopes around Lamteuba.

Lamteuba was selected as the pilot project for sustainable alternative development, involving Mae Fah Luang Foundation from Thailand as working partner. In this program nilam (patchouli) a fragrance producing plant was selected as an alternative with high value for raw material in the production of perfume.

Visit to the chili cultivation, one Chicken breeding in Aceh Goldfish breeding in Aceh Goldfish breeding in Aceh of the alternative development programs in the province of Aceh.

2) Urban alternative development in Kampung Permata, West Jakarta .

DKI Jakarta as the center of government and trade places the first rank in drug trafficking in Indonesia. There is an urgent need for serious and sustainable efforts focused on community alternative development in dealing with the drug problem.

Kampung Permata (Permata Village), in West Jakarta, is one of the most vulnerable areas for drug abuse and illicit drug trafficking. Plenty of law enforcement efforts have been conducted to thoroughly eliminate the problem, but with no successful results. The low level of skill and income of the population frequently motivate the

29

community and the younger generation in that area to seek for a shortcut to do business in drug dealing.

Presentation of computers and training for the population in Kampung Permata, West Jakarta

Cooking contest in Kampung Permata

Urban alternative development is executed in providing training skills for computer, cooking, sewing and beautician for the young generation in Kampung Permata. 200 participants attended the 6 months computer training. The training was conducted in 2 phases, 3 months for elementary level and the second phase for advanced level.

30

Deputy of Rehabilitation

Starting from the second half of 2010 therapy and rehabilitation was conducted by Deputy of Rehabilitation. This activity was formerly executed by Therapy and Rehabilitation Center. The Deputy of Rehabilitation is assisted by Director for the Improvement of Government Rehabilitation Institutions, Director for the Improvement of Community Rehabilitation Centers, Director of Aftercare, and Therapy & Rehabilitation Technical Operation Unit.

During the adjustment period of the new BNN organization activities related to therapy & rehabilitation are follow up activities of the programs established by the former organization, besides administrative and coordination in the socialization, inventory and preparation of actual measures.

Noticeable activities in improving goverment agencies and community components are : a. Outreach Center (ORC), the outreaching and assisting drug victimes In providing basic health services b. Community Based Unit (CBU), promoting community Involvement In providing health services to drug victims and prevention of relapse, improvement of awareness and support family/community resilience in countering of drug abuse.

The activities are :

1) Directorate of Improvement of Government Rehabilitation Centers

This directorate has the task to improve government rehabilitation institutions by implementing the functions :

a) Improve competence of government managed rehabilitation institutions by implementing therapeutic community modality

31

b) Improve competence of government rehabilitation institutions by implementing nontherapeutic community methods.

97 One Stop Centers (OSC), 46 Out Reach Centers (ORC) and 4 Community Based Units (CBU) are now working together with BNN to support rehabilitation of drug victims. In 2010 One Stop Centers at mental hospitals in 9 provinces were established namely, Aceh, West Sumatera, Lampung, Maluku, DKI Jakarta, East Java, Gorontalo, North Sulawesi and South Sulawesi.

2) Directorate for Improvement of Community-Based Rehabilitation Institutions

The directorate improves community based rehabilitation institutions, and executes the functions :

a) Improve competence of community based rehabilitation institutions by applying therapeutic community method.

b) Improve the competence of community based rehabilitation institutions by applying non-therapeutic community method.

Today, One Stop Centers (OSC) in 167 locations, Out Reach Centers (ORC) in 65 locations, and Community Based Unit (CBU) in 26 locations are cooperating with BNN for the rehabilitation of drug victims. In 2010 6 OSC were established at 6 correctional institutions (prisons) , namely North Sumatera, Banten, South Sulawesi, Riau, West Kalimantan and Central Java, including at 3 pondok pesantrens (Muslim boarding school) respectively in South Kalimantan, South Sumatera and West Java.

To assist improvement of government rehabilitation Institutions and community based rehabilitation institutions in 2010 BNN distributed guidelines, directives and technical guidelines to the 32 institutions in need, namely, Guidelines for the Establishment of CBU, Implementation and Technical Guidelines for CBU Services, Implementationn and Technical Guidelines for Detoxification at OSC, Competence for Addiction Counselors, Addiction Counselors Curriculum and Models, Implementation and Technical Guidelines for SBIRT.

Other activities are the establishment of a Certification Council for Addiction Counselors In Jakarta. This Council is the only Council for Certification of Addiction Counselors In the Asia and Pacific region.

3) Directorate of After Care

The directorate has the task fo execute the following functions:

a) Improve re-integration of victims/abusers of narcotics, psychotropic substances, and other addictive substances, excluding tobacco and alcohol.

b) Aftercare for abusers/victims of narcotis, psychotropic substances, and other addictive substances, excluding tobacco and alcohol.

The aftercare program is a follow up of the rehabilitation program to prevent recovered drug victims from relapse. The program starts with recording and assisting 2,838 drug abusers in the government and private rehabilitation centers.

In 2010 Aftercare was implemented in 6 locations, namely Jakarta, East Java, West Java, Bangka Belitung, West Kalimantan, and South Sulawesi, by involving NGOs concerned with the drug problem.

33

 Tambling Wildlife Nature Conservation

BNN cooperates with Artha Graha Peduli Foundation In an aftercare program forn ex-drug abusers, by implementing a performance based and nature conservation activity in Tambing Wildlife Nature Conservation (TWNC), West Lampung. This activity is a breakthrough in the post rehabilitation initiated by BNN in 2011. Through the aftercare program it is hoped that relapse will decrease for ex drug addicts.

The ex-drug addict becomes a self-sufficient person when reintegrated in the society, and will be able to optimize his/her competence. This program is also in line with the mandate contained in the President Instruction Number 12 of the year 2011 on the Implementation of National Policies and Strategies in the Prevention and Eradication of Drug Abuse and Illicit Drug Trafficking (P4GN). The therapy concept of nature conservation originated from an initiative of an English man named John Hall in 2003. Based on this concept, the nature conservation program is helpful and effective in developing the drug addict’s self confidence, motivation and cooperation in a group.

There is no doubt that ex addicts encounter many problems after rehabilitation process. Ex addicts carry a stigma that makes them not welcome in the community and hard to find a normal life, and work. Meanwhile, to eliminate suggestion to return to drugs, is to make addicts productive by providing skills and trainings when they reintegrate in the society. The bottom line is that a successful rehabilitation program is indicated by three elements, namely economic, social and environmental. From the economic view point an addict has to be self sufficient and productive. He/she must be able to re-integrate and socialize with the community, and must be able to respect and maintain nature conservation. Loving nature means the addict learns to respect and not ruin one self by abusing drugs.

The forest conservation inaugurated in 2008 has approximately 60 species of wild animals. TWNC has obtained a permit from the Ministry of Forestry to manage conservation of 45,000 hectares, and a permit to manage nature tourism for 100 hectares. In the conservation center there is a breeding facility

34

for endemic animals from the Tambling area, such as Sumatera tiger, siamang, tapir, antelope and the eagle .

TWNC obtained these animals from the people in the environment or from the traditional market. The animals obtained usually have to go through a recovery process to return their instinct before being released in the forest. The Sumatera tiger when at a productive age usually recover rapidly. The average period of recovery is 3 to 4 months, and the maximum 6 months. For the comfort of the staff and visitors the conservation center is also furnished with cottages, pendopo (open hall), cooperative, clinic, airstrip and a helipad.

Mechanical engineering, is Cooking is one of the Horse Division for forest one of the trainings provided activities in the aftercare patrol for ex addicts in the aftercare program for exaddicts program

In the area for forest and fauna conservation, ten ex addict residents have followed the aftercare program since 30 November 2011, where they received several trainings and do an on the job training according to their respective interest and talent, e.g., food & beverages, cooking, horse patrol, and mehanical engineering.

35

Disciplinary Process Group Session

In the program the residents start with the character forming process, from discipline, adherence to instructions and environmental identification. Their activities start from 05.00 AM with the early morning prayer for Moslems, followed by morning call, sport and breakfast. Then residents have the time to work on their personal needs, such as doing the washing, cleaning the tent and around it. After lunch the residents receive material on the projects they have to work on, with an interval of games session. Through these sessions they will know each other and develop solidarity. During this time they are also given instructions on the concept of nature conservation from TWNC. After finishing their activities the residents gather for a reflection hour. In turn they state their opinion, give input or criticize on what they experienced during the day.

Working on the final project During the program the residents have to do a project that can be applied In the conservation. Together the residents discuss the planning, preparation of proposal,

36 production untll the inauguration of the project. They shall finish the project before returning to Jakarta.

 Bengo – Bengo ( South Sulawesi) Similar aftercare program in wildlife and forest conservation, will be conducted in Bengo – Bengo, South Sulawesi, in cooperation with the Faculty of Forestry, University of Hassanuddin in Makassar, South Sulawesi.

 Maritime based aftercare programs Another new innovation of aftercare programs launched by the BNN, are maritime and fishery conservation, in the following locations :

a. Wakatobi ( South East Sulawesi ), in cooperation with the Ministry of Marine and Fishery and the University for Maritime Science

b. Sebaru Island (Thousand Island) Jakarta, in cooperation with Artha Graha Peduli Foundation.

c. Baralopa ( Barrang Lompo – South Sulawesi ) in cooperation with the Faculty of Marine and Fishery, University Hassanuddin, Makassar, South Sulawesi.

Marine Conservation Cultivation of Sea Horse

37

Cultivation of Corals Cultivation of Corals

 Special Aftercare program for Women Women ex – drug dependents, during aftercare are also involved in nature conservation program, by planting and cultivation of trees, to make the environment green, in cooperation with SIKIB ( Organization of the Wives of Cabinet Ministers ) and the Ministry of Agriculture.

 The programs are conducted in :

 Cipule, Karawang, West Java

 Tambling, Lampung

 Lido, Sukabumi, West Java

 University Hassanuddin, Makassar, South Sulawesi.

38

The new after care programs located in 5 (five) locations, will be inagurated by the President of the Republic of Indonesia, simultaneously by teleconference from Makassar (South Sulawesi) during the commemoration of the International Day Against Drugs, on 26 June 2012.

Cultivation of Seaweeds (Wakatobi)

Planting and cultivation of trees in Cipule, Karawang, West Java

39

Planting and cultivation of trees in Cipule, Karawang, West Java

Implementation of Therapy & Rehabilitation In Implementing demand reduction since 2007 BNN has operated a technical Operation Unit (UPT) for Therapy & Rehabilitation in Lido Sukabumi, a free of charge service for the implementation of comprehensive and integrated therapy & rehabilitation for drug abusers who wish to recover from drug abuse.

The Therapy & Rehabilitation UPT applies a one stop service (Integrated) for medical and social rehabilitation in one facility. The Therapy & Rehabilitation UPT has the most complete and extended facility in Indonesia, even in the S.E. Asia Region, that makes this UPT a focal point and research center of therapy and rehabilitation.

Therapy & Rehabilitation Services include :

. Medical Rehabilitation include: Detoxification, Intoxification, Outpatients, Medication for drug related diseases, and Voluntary Counseling & Testing

. Social Rehabilitation (Therapeutic Community/TC).

. Religious activities, mental and spiritual guidance/support.

. Training for skill improvement, computer, English, Multimedia (audio, video, radio), printing and silk screening, beautician, art, cooking, and handicraft.

40

. Family Support Group & Family Counseling Therapy.

. Hypnotherapy, Psychotherapy, Individual Counseling, Psychological evaluation, Psycho Education.

. Recreation: Family Outing and Static Outing

UPT Therapy & Rehabilitation provides facilities for:

. General health services: general physician, internist, dentist, psychiatrist, psychologist, counselors.

. Medicines.

. Laboratory, Rontgen, EKG, EEG, USG.

. One package of bathing and washing supplies for one month

Facilities borne by the parents/guardian :

. Medical cost for non-referral residents

. Clothing

. Bathing supplies for the second month and so forth.

. Extra snacks during therapy & rehabilitation process at UPT T&R

. Cigarettes ( for smoking residents )

41

In 2010, UPT T&R targeted admission for 325 drug abusers, but in reality 682 residents received therapy & rehabilitation, comprising 636 males and 46 females.

The two fold increase was a positive response to the socialization of rehabilitation program and outreach support for drug addicts who wished to be rehabilitated.

From the total of new residents 404 were volunteers (family referral), 250 from BNN/ BNP outreach, 16 from the judge’s verdict as referred by the Head of Supreme Court Circular (SEMA) and 12 police referrals.

42

The number of residents at UPT T&R fluctuates every month. But the average of 299 residents are treated every month. The most dominant drug used by residents is opiates (323), methamphetamines (245), THC / cannabis (177), MDMA (60), and cocaine (3).

Based on the age group details, residents in the category 1659 years (253), representing the age group of 2125 years (149) , the category of 3135 years (139), between 1620 years (70), between 3640 years (50), between 4145 years (14), and 6 residents of the category 45 years and over, and lastly, 1 resident less than 15 years.

Other activities besides rehabilitation is providing access for visits to UPT T&R in Lido for the purpose of research, comparison study, and consultation in dealing with drug victims. During 2010 UPT T&R received 71 visits for study comparison from government agencies as well as private and social organizations.

Requirements and Provisions for Rehabilitation :

. The applicant must be 17 years and over (special cases shall be decided by the Team). The applicant is a drug abuser as proven by a urine test, or has a history of past year abuse.

. Responsible parents/guardian are available.

. The applicant does not suffer from a serious mental disease, based on a medical examination of recommended by a mental hospital.

. The applicant Is not physically disabled or does not suffer from an acute chronic disease.

. The applicant is referred by a government agency or private organization and must bring a formal accompanying letter.

. If the applicant is referred by a court verdict he/she must be accompanied by a staff of the district attorney office with the Court’s verdict.

. Parents/Guardian of the resident must attend the Family Dialogue (FD), family counseling, family suppor group (FSG) and visits of other relatives as scheduled by the UPT T&R staff.

43

. The registering applicant must bring:

 Photocopy of identity and Family Record Card

 Two (2) Rp 6000 revenue stamps

 Two (2) Passport photos 4 x 6

The right for rehabilitation is reconfirmed by the issue of Head of Supreme Court Circular (SEMA) Number 4 of the year 2010. In the circular is stated that a narcotic addict who is arrested by the police or BNN but with no proof of being involved In Illicit drug trafficking, the judge may pass the verdict to undergo rehabilitation. With the issue of this Circular, SEMA Number 07 dated 17 March 2009 on the same subject is hereby revoked.

A Government Regulation Number 25 of the year 2011 was issued with the purpose to fulfill the right of the drug addict for medical and social rehabilitation. The Government Regulation provides that every narcotic addict under medical or religious/traditional treatment must report to the Institution for Compulsory Reporting (IPWL).

The compulsory reporting must be done by the drug addict or family/guardian, which is continued by an assessment made by a government appointed IPWL (Institution for Compulsory Reporting), e.g. public health clinic, hospital, medical rehabilitation center. The provision that regulates parents/guardian of the drug addict reflects the importance of support from the environment, in particular the family in the process of rehabilitation.

The Government Regulation was issued to implement the state’s obligation in providing services and reasonable protection for its citizens, including drug addicts. For this purpose Ministry of Health issued a Decision Number 1305/Menkes/SK/ VI/2011 on the List of Institutions for Compulsory Reporting in the 33 .

Today the buildings of UPT Therapy & Rehabilitation are completed. UPT Training Center comprises a main building, general purpose building, a place for religious services. classrooms, practice room, sport facilities, boarding quarters staff house shooting range, dining room and kitchen totaling an area of 5.5 Ha. The UPT

44

Training Center is partly completed. The UPT Therapy and Rehabilitation was built in 2005 and inaugurated in 2007 by the Vice President, Jusuf Kalla.

Facilities of the UPT T&R in Lido has become more complete with the presence of Indomaret shop. The establishment of a 330 M2 shop is the implementation of an MOU between BNN and PT Indomarco Prismatama for the development of residents on 27 January 2011. The shop is a vocational support for residents of UPT T&R to help them in executing social functions in the community. The presence of the shop helps develop residents in getting on the job training in community service at Indomaret caféteria as a foothold when they reintegrate in society. In turn two residents get the training each week.

President of PT Indomarco Prismatama cutting a wreath of flowers as the inauguration of Indomaret shop at UPT T&R, Lido

45

29 July 2011 became an important moment in history for BNN and National Police Republic of Indonesia, as on that special day the National Police dedicated a part of its asset to BNN as a contribution in the Prevention and Eradication of Drug Abuse and Illicit Drug Traffi cking (P4GN). The National Police dedicated 25.4 Ha of land to BNN for the building of a Therapy Center and Training Center. As a symbol of the transfer asset Head of BNN, Drs. Gories Mere and Chief of National Police, General Timur Pradopo signed a plague at said location in Desa Wates Jaya, Bogor, West Java.

Kupang is a city bordering two countries, Timor Leste and Australia. This makes the city quite liable to smuggle and illicit drug trafficking.

46

In response to this condition, on 4 July 2011 BNN established a Rehabilitation Center for Drug abusers, Charismatic House of Gabriel Manek at Desa Kuneru Atambua, East Nusa Tenggara. Drs. Gories Mere, Head of BNN and Minister of Trade, Mari Elka Pangestu laid down the first corner stone.

BNN also built a Therapy & Rehabilitation Center at , . Head of BNN, Gories Mere and the Governor of Central Sulawesi, Drs. H. Longki Djanggola, MSi laid the first corner stone on 23 July 2011.

47

The same ceremony was carried out on 30 May 2011 for the drug abusers rehabilitation center at Kebun Raya Unmul Samarinda (KRUS) by Head of BNN, Gories Mere and Governor of East Kalimantan, Awang Faroek Ishak, and Vice Mayor of Samarinda, Nusyrwan Ismail. Besides admission of local drug addicts from East Kalimantan, the center also becomes a referral for the region of east Indonesia.

Another rehabilitation center was also established at the Baddoka Complex of DPU (Department of General Construction), Biringkanaya, Makassar and inaugurted on 23 August 2011, covering 2,5 Ha, with a capacity of 500 residents (70% males and 30% females. There is hope that the establishment of rehabilitation centers in the regions will motivate many drug addicts to receive rehabilitation services.

48

Implementation of the Compulsory Reporting System by the Ministry of Health (MOH) 1. To implement the measures regulated in Act No.35 Year 2009 the Ministry of Health conducted the following activities

2. Reporting should be done to designated health facilities :

a. Specialist Hospitals

b. General Hospitals

c. Primary Health Centers (PHC)

3. In 2011, the MOH has assigned 129 health facilities and 2 rehabilitation centers to serve a reporting system.

4. In 2012, the MOH, will assigned 50 more health facilities

5. Reporting System means :

a. Conducting assessment using adopted Addiction Severity Index – Treatment version.

b. Developing treatment plan.

c. Providing basic addiction counseling.

6. Rehabilitation related to Criminal Justice System ( CJS)

a. In 2011, 3 specialist hospitals were ready in treating drug addicts related to CJS.

b. In 2012, preparation of determining hospitals for CJS related cases, in collaboration with provincial health authorities.

7. Resources

a. 70 health workers were trained as a trainers for assessment treatment plan and basic addiction counseling.

b. 250 health workers were trained in assessment, treatment plan and basic addiction counseling.

c. Sufficient budget to provide free compulsory reporting system and free treatment for CJS related cases.

49

8. Social Rehabilitation by the Ministry of Social Affairs.

a. Social rehabilitation is conducted in the institution as well as outside the institution, and community based.

b. In 2011, there are 92 government social rehabilitation institution and community.

c. 30 Community Based Rehabilitation (CBR) are established in 30 provinces

9. Shelter workshops were established in 3 locations ( Bandung, Medan and Tangerang) for after care programs.

10. Other supporting activities

a. Guidance for Rehab institution and foundations

b. Operational assistance for Rehab institutions

c. Support for additional food for drug addicts residents of Rehab institutions

d. Establishment of Advocacy Forum and Social Protection for drug abusers in 2 provinces

11. Implementation of the Compulsory Reporting System

a. Formulation of Technical Guidance on Social Rehabilitation.

b. Enhance the capacity of personnel in assessment and counseling and social rehabilitation programs.

c. Operational support for 30 Compulsory Reporting Institution.

d. Socialization of the Guidance for referral of CJS related cases.

e. Enhance the activities for reach out and assistance for drug abusers

50

2. Supply Reduction and related measures Eradication / Law Enforcement cover the following activities a. Control of Importation, production, distribution exportation and the use of chemical precursors, and law enforcement against the perpetrators of narcotic precursor’s crime.

b. Dismantling of drugs clandestine laboratories and elimination of related drug syndicates.

c. Intelligence and investigation operations for the arrest of suspects, seizure of drugs and forfeiture of assets of drugs syndicates.

d. Bilateral, Regional and International cooperation for intelligence sharing, coordinated and joint operations for drug law enforcement.

Achievement accomplish in 2011 by BNN and INP : Significant cases

a. On 4 January 2011 1,008. 7 grams of shabu was exterminated with a value of Rp 2 billion from an Iranian suspect, AE (61) who was caught on 25 December 2010 at Soekarno Hatta Airport. The modus operandi: shabu was inserted in a pipe and further placed in a wooden box.

TAE, Iranian suspect, 1 Kf shabu as evidence Extermination of 61 years evidence

b. In November 2010 BNN was successful in revealing a Nepalese syndicate, working with a Malaysian national of Indian origin, and an Indonesian national (also from Indian origin) :

51

1) Arrest of 13 suspects of an international drug syndicate with evidence seized:

2) Shabu : 4,068.8 grams

3) Heroin : 895 grams

4) Cash money: Rp 2,034,078,000.; USD 189,458; RM 5 and 7400 Real.

5) Several bank account books, ATM cards from some private national banks

The susupect and evidence On 5 January 2011, arrest of the brains of an international narcotic syndicate at Pasir Putih Prison, Nusakambangan, Central Java. The suspect, with the initial B, a Nepalese national, controlled the drug trafficking from behind bars since 2002.

Disclosure of another drug case involving suspect B a prisoner at Pasir Putih prison at Nusakambangan, who controls the drug business from behind bars.

Another big boss with initials AK was also arrested. Until today AK is detained in Thailand. He has visited Indonesia several times. AK has connections with B and M from Malaysia. M was arrested on 21 November 2010 at Hotel L with 4,1 kg shabu carried in a suitcase.

c. On 25 January all prison staff and prisoners of Besi Prison, Nusakambangan had to undergo a urine test. On 26 January the urine test was continued in the Narcotic Prison and Pasir Putih Prison, Nusakambangan.

The urine test in the three prisons revealed that :

1) From the total 176 prison staff tested, 11 indicated positive proof of drug use;

52

2) From the total 596 prisoners tested, 144 indicated positive use of drugs.

Urine test for the Nusakambangan Prison staff

BNN officers doing a urine test for all prisoners at Nusakambangan prison

Positive result of the urine test

53

d. On 24 January 2011, BNN exterminated 5,095 grams shabu seized from a French national suspect, GD (53) who was arrested on 11 January 2011 at Soekarno-Hatta Airport. The modus operandi, the drug was concealed in a suitcase.

Officers doing interrogation Search on property of a Shabu concealed in a on the suspect suspect suitcase

e. 28 January 2011, BNN successfully disclosed a smuggle of 28 packets of shabu weighing 5.52 Kg, concealed in the wooden frame of a painting. The suspects, RA and E (female, Indonesian nationals), P (male, Nigerian national), DW, AM, and J (male, Indonesian nationals) were arrested.

Suspect and seized evidenced of the shabu smuggle case inthe frame of painting

f. On 1 February 2011, BNN exterminated 1,948.8 grams Shabu from two suspects with the initials MM and SRT. MM (34) was apprehended on 24 January 2011 by Customs officials and BNN at Soekarno Hatta Airport, and the seizure of Table 1

54

Narcotics (shabu) weighing 1,453.4 grams concealed in a laptop. After another search on the luggage, officers discovered crystal material concealed in a speaker and a perfume and aftershave box. 515.4 grams shabu was also discovered in the intestines of the suspect SRT (42), a Philippine national. g. Extermination of 5,496.03 grams shabu on 14 February 2011 from disclosures of three (3) cases at Besi Prison, Nusa Kambangan Cilacap, Batam (in the frames of 4 paintings), and development of the second case with the seizure of 12.65 grams shabu in Depok, West Java. 8. 15 March 2011, BNN searchd a house In Taman Dadap Indah, Blok 17, and discovered 12,000 tablets ecstasy, 6,000 tablets happy five, one semi-automatic tableting machine, and two manual tablet printing machines, bong, two bank account books, scales, and precursors. h. 25 March 2011 in cooperation with Customs officials foiled a smuggle of 100 shabu capsules weighing 1,460 grams at Sokarno-Hatta Airport, concealed by a woman of Kenya national with the initial PN. i. Again, on 6 April 2011 BNN destroyed 8,742 ecstasy pills, 1,430 tablets H5, 4,970 tablets nimetazepam. j. On 7 April 2011 a woman and three (3) male were apprehended In East Jakarta with 1133 grams Pseudoephedrine, and other materials with a gross weight of 54,512 grams. k. On 18 April 2011 BNN exterminated 1,922.8 grams shabu and 12 gram ganja, which were seized from a suspect with the initial CS (female Indonesian national). l. 25 April 2011, extermination of 1,664.9 grams shabu, from the arrest of three Iranian nationals with initials MD, MM and AR at Soekarno-Hatta Airport. The seizure was made in cooperation with Customs officials. The suspects swallowed the evidence .

55 m. 27 April 2011, extermination of 11,694.76 grams narcotic precursors (powder) and 1,934 tablets Aleron. n. 13 May 2011, 1279.9 grams shabu destroyed from apprehension of an Iranian national (woman) with initials ZMG (70) and male, with initials FHN (36) . o. Extermination of evidencce, 9,690 tablets ecstasy, from a disclosure of a case as a result of a close cooperation between BNN and Customs. p. Extermination of seized evidence from April to June 2011, at Narcotics Prison Cipinang on 15 June 2011. Total evidence destroyed :

1) Ganja : 33,491,6532 grams (33.49 kg)

2) Heroin : 931.8553 grams (0.93 kg)

3) Shabu : 19,147.6442 grams (19.15 kg)

4) Ecstasy : 8,935 tablets

5) Lexotan : 735 tablets q. On 15 July 2011 during a raid at the Bukit Golf Hijau Cluster, Sentul City, Bogor, BNN officials apprehended a principal distributor for ecstasy, with initials SH alias Beong (49), and 250 thousand ecstasy tblets from the Netherlands, grey and pink colored. Two other ecstasy distributors were also arrested, W (27) and C (5). C was apprehended in Sentul and W in Jakarta. r. Money laundering : The apprehension of H by Cilacap Police Resort in cooperation with BNN revealed the trafficking of drugs in the prison and suspected the involvement of MA, Head of Narcotics Prison Nusa Kambangan. H is one of the prisoners controlling the drug business behind bars. MA’s involvement was suspected in facilitating the activities of H. Development of this case dragged several of his prison counterparts, IS and FB. Some of MA’s relatives were also apprehended, AP, DA,

56

RK. MW and RJ two other persons were suspected to assisted H in the use of their bank account. MA received quite a considerable amount from the drug business of H, estimated at Rp. 400 million. s. On 1 August 2011 BNN exterminated some evidence comprising ecstasy, shabu and narcotic precursors, as detailed here under :

Shabu : 310.6 grams

Ecstasy : 249,714 tablets, with a weight of 70,804.1 grams

Black colored solid material containing methamphetamines : 1,958.7 grams

Powder material (red, white, dark brown, brickbrown) : 17,103 grams

Acetone : 2 litres

Toluene liquid : 3 litres t. On 23 November until 5 December 2011, BNN launched a join operation with the Police ( Aceh Regional Police ) and some elements to the Army, on the eradication of illegal cannabis cultivation, at Lamteuba Village, Aceh Besar, Aceh Province. A total of 222 ton cannabis, painted on 155.8 ha land in several locations, were seized and destroyed by burning. u. The seizure of 26.5 kg Ketamine, put in ice cream containers, sent by the drug syndicate from India to Jakarta, on 19 May 2011, using the service of FEDEX by airmail, entering Jakarta through Soekarno – Hatta International Airport. v. The seizure and arrest of an Iranian Woman, on 21st September 2011, smuggling 9.000 grams MA (shabu), hidden in an oxygen tube. She was arrested at Soekarno – Hatta International Airport in Jakarta.

57

w. The uncovering of a MA (shabu) syndicate, operating from Malaysia by boat to Riau Islands and Tanjung Priok harbor, Jakarta. Two suspects were arrested and 8 kg MA (shabu) was seized on 4th January 2012.

x. The uncovering of ecstasy and MA ( shabu) syndicate from Malaysia, trafficking from Kuala Lumpur to Jakarta. A suspect was arrested with seizure of 369,575 ecstasy tablets and 50.000 grams ( 50 kg) MA (shabu), on 8 th January 2012, at Soerkarno – Hatta International Airport, Jakarta.

y. The uncovering of a MA (shabu) Iranian syndicate using the “mothership” operation method, smuggling big consignments of shabu, at Ujung Genteng Coast Sukabumi, West Java. On 17 and 20 January 2012, 7 (seven) Iranian Nationals were arrested with more than 100 kg MA (shabu), 3 (three) firearms, 2 (two) GPS Garmin Brand, 1 (one) Satellite telephone, Thuraya Huges brand, and 1 (one) small boat.

z. On 22 January 2012, 2 (two) Indonesians were arrested smuggling MA (shabu) and ecstasy from Malaysia – Batam Island – Tanjung Priok harbor, Jakarta Seizures of 100.000 ecstasy tablets, 20.000 grams (20 kg) MA (shabu), 10 units mobile phones and 1 (one) ticket for Sirimau ship.

3. Countering Money Laundering and promoting judicial cooperation to enhance international cooperation.

a. In 2010, a new law on Anti Money Laundering was enacted, Act No.8 Year 2010, on the Prevention and Suppression of Money Laundering, with broader authority for the Center for Reporting and Analysis of Financial Transaction (CRAFT), and the investigators of the National Narcotics Board are authorized to investigate money laundering crime, with narcotics crime as predicate crime.

58 b. More severe prison sentence and very high fine for corporate involved in money laundering activities are stipulated in the new law. c. A new law on the Transfer of Funds was enacted in which Alternative Remittance Systems (ARS) should have operational permits from the Central Bank. There is a penal sanction for those ARS, operating without permit from the Central Bank. d. To avoid detection of money transfers, members of drug syndicates used accounts of other people that they borrowed; these people do not know the real nature of the transfer or the origin of the money. e. Another method is to open an account with a false ID card f. Money transfers using legal and illegal money changers are done, with the cover of transfer of money from Indonesia laborers working abroad, sending money to their families. g. Illegal money changers are used as agents of legal money changers, to collect drugs money, that should be deposited to the legal money changer for integration in the legal money system. h. For international money transfer, the drug syndicates use the Hawala Banking System, so that the movement of money could not be observed, and difficult to detect the money flow. i. These methods are used by international drug syndicates in Indonesia. j. Several money laundering cases, were uncovered by BNN, and the perpetrators were arrested and brought to trial, and sentenced to prison, also confiscation of arrest derived from the commission of narcotics crimes.

59

k. For promoting judicial cooperation Indonesia has extradition treaties, Treaties on Mutual Legal Assistance in Criminal Matters and Memorandum of Understanding on Combating Drug Crimes, with several countries.

4. National, Bilateral, Regional and International Cooperation

a. Cooperation at National level :

1) Nine MOUs, between BNN and Government agencies were signed in 2011.

2) Eleven MOUs, between BNN and NGOs, were signed in 2011.

b. Bilateral law enforcement cooperation with the USA, New Zealand, France, Japan and Germany.

c. Regional and International cooperation

1) Indonesia is a party to the International Drug Control Treaties, that is the UN Single Convention, 1961, and the 1972 Protocol amending the Single Convention the UN Convention on Psychotropic Substances, 1971 and the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

2) At the regional level, Indonesia participated in meeting of ASEAN Senior Officials on Drug Matters (ASOD), the Heads of National Law Enforcement Agencies ( HONLEA) of Asia and the Pacific Region, and the Programs of the ASEAN and China Cooperative Operations in Response to Dangerous Drugs (ACCORD), ADLOMICO Korea, ADEC Japan, and IDEC – Far East Region.

3) At the International level, Indonesia participated in meetings of the United Nations Commission on Narcotic Drugs (UN – CND), training of the UNODC, the Colombo

60

Plan Bureau, and the International Drug Enforcement Conference (IDEC).

4) Indonesia has extradition treaties with Australia, Malaysia, Thailand, Philippines, Hong Kong SAR, Republic of Korea, and Singapore (already signed but not ratified).

5) Indonesia has Treaties on Mutual Legal Assistance in Criminal Matters with Australia, China, Hong Kong SAR, Republic of Korea and 9 ASEAN member countries.

6) Indonesia has MOU on Combating Illicit Trafficking in Narcotic Drug, Psychotropic Substances and its Precursors, with LAO PDR, Republic of Pakistan, Republic of Iran, Australia, Timor Leste, and Mexico. MOU that are still in process are with India, China, Nigeria, Morocco and Venezuela

Conclusions 1. Indonesia’s drug law enforcement operations last year showed an increase of 8,65 %or a total of 20,79% cases were uncovered, in comparison with 2010, with a total of 19,079 cases. 2. Cannabis, ecstasy and methamphetamine (shabu) seized in 2011, showed a drastic increase, while for heroin a slight increase. 3. Indonesia has formulated and implemented a new Policy and Strategies for the Prevention and Eradication for Drug Abuse and Illicit Drug Trafficking to achieve a Drug Free Indonesia in 2015, which was launched by the President of the Republic of Indonesia, on International Day Against Drugs on 26 June 2011, with the President Instruction No.12 Year 2011, instructing all Ministers, Heads of Government Institutions, the Army, Navy, Air Force, Police, Governors, Heads of Local Governments, NGOs, and the whole community to implement the said Policy and Strategies in Action Programs in their yearly agencies’ programs of activities and cooperate with the National Narcotics Board. 4. The menace of illicit drugs should be addressed aggressively, through collective and effective national and regional framework.

61

5. Enhanced strategic partnership with regional and international organizations should be assured. 6. ASEAN Member States are strongly committed to attribute to the realization of a Drug Free ASEAN in 2015, through attainable and practical approach. 7. For the well being of the people of Indonesia, other ASEAN Member States and the World, as a whole, all those who shared common values and concerns, must stand united to combat the drug menace.

62

DISCUSSION ON THE HARMONIZATION OF ILLEGAL DRUG LAW FOCUSING ON:

I ANALYSIS OF THE USE OF PROPERTIES OR ASSETS ACQUIRED FROM THE PROCEEDS OF NARCOTICS CRIME A. Article 101 paragraph (3) and General Explanation Article 101 paragraph (3) Law No. 35 year 2009 on Narcotics clearly stated that all properties or assets derived from the narcotics and narcotics precursor crime and money laundering crime related to the narcotics and narcotics precursor crime based on the court decision which has had permanent legal force that were seized for the State and should be used for:

1. The Implementation of the Prevention and Eradication of drug abuse and illicit trafficking in narcotics and narcotics precursor; 2. The Implementation of Medical and Social Rehabilitation measures; and 3. Provide a premium for community members who contributed in the disclosure of the narcotics and narcotics precursor crime B. The procedure for the use of properties or assets acquired from the proceeds of narcotics and narcotics precursor crime based on Article 101 paragraph (3) and General Explanation Article 101 paragraph (3) Law No. 35 year 2009 on Narcotics as mentioned above is an urgent matter to be set considering the implementation of the prevention and eradication of drug abuse and illicit trafficking in narcotics and narcotics precursor requires a substantial financial resources. In addition, the medical and social rehabilitation measures are also need a great amount of source funding which not only used for the medical and social rehabilitation institutions but also for the jails and state prisons as well as provide a premium for community members who contributed in the disclosure of the narcotics and narcotics precursor crime.

C. The procedure for the use of properties or assets acquired from the proceeds of narcotics crime as mentioned above is one of the substances of RPP on the implementation of Laws No. 35 year 2009 which is currently being drafted.

63

(Based on Article 101 paragraph (4) UU No. 35 Year 2009 which stated: further provision on the procedure for the use of properties or assets acquired from the proceeds of narcotics crime as intended on paragraph (3) should be regulated by the Government Regulation)

D. At other side, according to the Government Regulation No. 22 year 1997 about the Types of Non-Tax Revenues and Deposits, the properties or assets acquired from the proceeds of narcotics crime are categorized as Non-Tax Revenues prevailing at the Attorney General Office. The Regulation states the Types of Non-Tax Revenues prevailing at the Attorney General Office covering:

1. The receipts from the sale of confiscated assets; 2. The receipts from the sale of seized properties; 3. The receipts from the compensation and corruption crime; 4. The receipts from the court fees; 5. Other receipts, a cash findings, the results of the auction of the assets findings, and the sale of evidences that is not captured by the right person; and 6. The receipts of fine. E. The funding sourced from the non-tax revenues in principle can be used to finance the activities in order to support the services which will produce the non-tax revenues itself. The provision is aimed to provide certainty funding allocation for a particular activity related to the type of non-tax revenues. The funding from non-tax revenues which can be allocated is the fund related to those certain activities. The funds only can be used by the institution or unit which generates the corresponding revenues.

(Article 8 UU No. 20 year 1997 on Non-Tax Revenues and the Government Regulation No. 73 year 1999 on the Procedure of the Use of Non-Tax Revenues Acquired from the Certain Activities)

F. The Use of Non-Tax Revenues is done selectively and must first fulfill the requirement that all non-tax revenues shall be directly deposited into the State Treasury as soon as possible and managed in the State Budget System. But, one thing to keep in mind that, an institution/government office can use the

64

non-tax revenues after getting the approval from the Ministry of Finance. The Provision of the Finance Minister’s Decision (KMK) on the Approval of the Use Some of the Non-Tax Revenues have been set in the Standard Operating Procedure (SOP) of the Ministry of Finance c.q. Directorate General of Budget.

G. The Minister of Finance manages the confiscated assets according to the Regulation of Laws. In managing the confiscated and gratification assets, the Minister has the authority and responsibility as follows:

1. Determine the status of the use of the confiscated assets; 2. Provide decision on the appeal of the utilization, the alienation, and the deletion of the confiscated assets which proposed by the Attorney General accordance with its authority limits; and (Article 4 and Article 5 of the Finance Ministerial Regulations Number 03/PMK.06/2011 on the Management of State Property that Comes from the Confiscation and Gratification)

H. The Attorney General does the maintenance to the confiscated state property in accordance with the regulation of law. In maintaining the confiscated state property, the Attorney General has the authority and responsibility that covering:

1. To manage the administration; 2. To authorize the office of service to selling by auction the confiscated assets in 3 (three) months period, and can be extended maximum 1 (one) month, the money comes from the selling are deposited into the State Treasury as non-tax revenues in the form of general acceptance to the Attorney General’s Office. 3. To secure the administration, the physical of assets and the law of the confiscated assets below its authorization; and 4. To propose the provision status, usage status, utilization status, the alienation, the deletion and the removal to the Minister or to the Officials who has received the delegation of the Minister’s authority in accordance with the authority limit.

65

(Article 8 and Article 9 PMK Number 03/PMK.06/2011 on the Management of State Property which comes from the State Confiscated Assets and Gratification)

I. Considering the provision of the Article 101 paragraph (3) and the General Explanation Article 101 paragraph (3) Law Number 35 year 2009, the Attorney General in proposing the provision of status usage and utilization the properties derived from Narcotics crime need to coordinate with The National Narcotics Board (BNN), INP, and related Ministries/Institution Non Ministries which has functions:

1. Implementation of the Prevention and Eradication of Drug Abuse and Illicit Trafficking in Drugs; 2. Implementation of the medical and social rehabilitation; and 3. Provide a premium for community members who contributed in disclosure the narcotics and narcotics precursor crime. J. For suggestion, the Law on Non-Tax Revenues and the Regulation of its Implementation including the Review of Non-Tax Revenues Procedure on the use of Assets confiscated crimes especially the assets from narcotics crime which its utilization is crossing Ministries/Institutions in accordance with UU Number 35 year 2009 on Narcotics should be revised, to implement the Prevention and Eradication of Drug Abuse and Illicit Trafficking in narcotics and narcotics precursor and the medical and social rehabilitation also Provide a premium for community members who contributed in disclosure the narcotics and narcotics precursor crime.

K. There is a need of Implementation of the Treaty on Mutual Legal Assistance in Criminal Matters between ASEAN Member States that was ratified in 2009 by all ASEAN Member States.

II. THE CONTROL OF REACTANTS AND PRECURSORS A. Nowadays, the abuse of substances outside the precursor Schedule I and Schedule II according the Law Number 35 year 2009 is increasing and threatening, but most of those substances are not regulated in any Drug Laws. Those substances are:

66

1. Ketamine : Ketamine is a powerful analgesic to be used in local anesthesia process, ketamine itself is a one-direction-action-anesthetic which means its analgesic effect will disappear if it is detoxified (eliminated). Ketamine usually used as an anesthesia for a giving-birth-mother and for animal surgery.

According to the Law Number 36 year 2009 on Health in Chapter 1 General Provision Article 1 Item 8: Medicine is a substance or a mix substance, including the biological products to be used to influence or to observe physiology system or pathology atmosphere in order to diagnose, to prevent, to cure, to recover, to improve the health and as the contraception for human. Ketamine is a drug listed in hard drug (G List), packed in a containers bearing the letter K in black in a red circle which means one of the hard drugs. It needs a doctor prescription to get it. 2. Red Phosporus Red Phosporus used as a catalyst to produce Methamphetamine. 3. Caffeine Caffeine used as a mix in MDMA production to add the relax and intimate feelings. 4. Iodine Iodine used as a catalyst and to reduce the hydrogen bonding in the production of methamphetamine.

SUGGESTION FOR AIFOCOM Those 4 (four) chemical substances are listed in the Resolution Draft to be more strictly controlled and to be arranged to put those chemical substances in new addition List III Controlled Precursor.

67

B. The latest development of new drugs in Indonesia are as follow: a. Mephedrone / 4 MMC = has the same effect as shabu or ecstasy b. Contact NT c. Coffee branded as spice = has the same effect as cannabis

d. BMK = Buthyl methyl Ketone e. Piperazine = has the same effect as cocaine f. BZP = Benzil Piperazine

SUGGESTION FOR AIFOCOM Need to have further discussion and deep study to the latest development of 6 (six) new drugs analog as mentioned above in order to anticipate by put it on the regulation list in Indonesia

C. The diversion of Precursor Ephedrine & Pseudoephedrine is still on the top level of diversion. (dipindahkan ke Country Report)

Draft Resolution Establishment of a Technical Study Group that conduct an in-depth study about successes, failures, obstacles, and relapse level in Therapeutic Community Rehabilitation methods in the ASEAN Member States.

68