The National Narcotics Agency Regulation Number Perber/01/iii/2014/bnn 2014

Original Language Title: Peraturan Badan Narkotika Nasional Nomor PERBER/01/III/2014/BNN Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e4a6bc280288228eff313430363138.html

BN 489-2014. doc REPUBLIC INDONESIA No. 465, 2014 RULES together. Handling. Pencandu. Abuse. Narcotics. Rehabilitation Institutions. REGULATION TOGETHER with CHAIRMAN of the SUPREME COURT of the REPUBLIC of INDONESIA, the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA MINISTRY OF HEALTH REPUBLIC of INDONESIA MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, INDONESIAN ATTORNEY GENERAL CHIEF of INDONESIAN NATIONAL POLICE CHIEF of the INDONESIAN NATIONAL NARCOTICS AGENCY number 01/PB/MA/III/03 NUMBER 2014 2014 2014 11 year NUMBER number 03 2014 the NUMBER PER-005/A/JA/03/2014 the number 1 YEAR 2014NOMOR PERBER/01/III/2014/BNN ABOUT HANDLING NARCOTIC ADDICTS and ABUSERS of NARCOTICS to In REHABILITATION INSTITUTION with the GRACE of GOD ALMIGHTY the CHAIRMAN of SUPREME COURT of the REPUBLIC of INDONESIA, the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA MINISTRY OF HEALTH REPUBLIC of INDONESIA MINISTER of SOCIAL AFFAIRS of the REPUBLIC of INDONESIA, INDONESIAN ATTORNEY GENERAL CHIEF of INDONESIAN NATIONAL POLICE AGENCY HEAD of the INDONESIAN NATIONAL NARCOTICS, www.djpp.kemenkumham.go.id 2014, no. 465 2 Considering: a. that the corresponding provision of article 54 of the Act Number 35 in 2009 about Narcotics Narcotics Addicts, Abusers and mandatory Drug rehabilitation medical rehabilitation and lead a social, as well as judges in the matter and processes in order to cut off Narcotics mandatory notice provisions of article 127 subsection (2) and paragraph (3); b. that the quantity of Narcotics Addicts and Abusers of narcotics as a suspect, accused, or Convict in criminal acts as well as the increasing Narcotics treatment efforts and/or treatment has not been optimally integrated and conducted; c. that the explanation to article 21 subsection (4) letter b Act No. 8 of 1981 on the law of criminal procedure, Suspects or Defendants declared that Narcotics Addicts so far may be detained in a particular place which is the place of treatment; d. That to recover and/or developing the ability of physical, mental, and social of the suspect, accused, or Convict in criminal acts of Narcotic treatment program needs to do, care and recovery are integrated and coordinated; e. that based on considerations as referred to in letter a, letter b, letter c, letter d, and need to be regulated Together between the Chief Justice of the Republic of Indonesia, the Minister of law and human rights Republic of Indonesia, the Minister of health of the Republic of Indonesia, the Minister of Social Affairs of the Republic of Indonesia, the Attorney General of the Republic of Indonesia, the head of the State police of the Republic of Indonesia, and the head of the National Narcotics Agency of the Republic of Indonesia concerning the handling of Narcotic Addicts and Abusers of narcotics into Rehabilitation Institutions; Remember: 1. Act No. 8 of 1981 on the law of criminal procedure (State Gazette of the Republic of Indonesia Number 76 of 1981, additional sheets of the Republic of Indonesia Number 3209); 2. Act No. 12 of 1995 concerning Corrections (State Gazette of the Republic of Indonesia www.djpp.kemenkumham.go.id 2014, no. 465 3 1995 Number 77, an additional Sheet of the Republic of Indonesia Number 3614); 3. Act No. 2 of 2002 on State police of the Republic of Indonesia (the State Gazette of the Republic of Indonesia number 2, 2002 an additional Sheet of the Republic of Indonesia Number 4168); 4. Act No. 16 of 2004 about Attorney General (State Gazette of the Republic of Indonesia Number 67 in 2004, an additional Sheet of the Republic of Indonesia Number 4001); 5. Act No. 3 of 2009 about the second amendment in the law No. 14 of 1985 on the Supreme Court. 6. Act No. 11 of 2009 about social welfare (State Gazette of the Republic of Indonesia number 12 in 2009, an additional Sheet of the Republic of Indonesia Number 4967); 7. Act No. 35 of 2009 about Illegals (Gazette of the Republic of Indonesia Number 143 in 2009, an additional Sheet of the Republic of Indonesia Number 5062); 8. Act No. 36 of 2009 about health (State Gazette of the Republic of Indonesia Number 144 in 2009, an additional Sheet of the Republic of Indonesia Number 5063); 9. Act No. 48 in 2009 about the Power of Justice (State Gazette of the Republic of Indonesia year 2009 Number 157, an additional Sheet of the Republic of Indonesia Number 5076); 10. Law number 11 year 2012 about the Criminal Justice System (State Gazette of the Republic of Indonesia Number 153 in 2012, an additional Sheet of the Republic of Indonesia Number 5332); 11. Government Regulation Number 27 in 1983 on the implementation of the book of the law of criminal procedure (State Gazette of the Republic of Indonesia Number 36 in 1983, an additional Sheet of the Republic of Indonesia Number 1136); 2014 www.djpp.kemenkumham.go.id, no. 465 4 12. Government Regulation number 25 in 2011 on the implementation Report Narcotics Addicts (Gazette of the Republic of Indonesia Number 46 in 2011, an additional Sheet of the Republic of Indonesia Number 5211); 13. Presidential regulation Number 23 in 2010 of the National Narcotics Agency; 14. Regulation of the Minister of health Number 2415/MENKES/PER/XII/2011 on the medical rehabilitation of Addicts, Abusers and victims of abuse of Narcotics (news of the Republic of Indonesia in 2011 Number 825); 15. Minister of Social Affairs Regulation number 03 in 2012 about the standard of Social Rehabilitation Institution a victim of abuse of narcotic drugs and psychotropic substances, Other addictive substances; 16. the Minister of Social Affairs Regulation number 26 in 2012 about the standard of Social rehabilitation of the victims of the abuse of narcotic drugs and psychotropic substances, Other addictive substances. Decide: Define: SHARED RULES CHIEF JUSTICE Of The REPUBLIC Of INDONESIA, The Minister Of LAW And HUMAN RIGHTS Republic Of INDONESIA, The MINISTER Of HEALTH Of The REPUBLIC Of INDONESIA, INDONESIAN MINISTER Of SOCIAL AFFAIRS, The ATTORNEY GENERAL Of The REPUBLIC, The HEAD Of The INDONESIAN NATIONAL POLICE, The Head Of The INDONESIAN NATIONAL NARCOTICS AGENCY ABOUT HANDLING NARCOTIC ADDICTS And ABUSERS Of NARCOTICS Into The INSTITUTION For Rehabilitation. CHAPTER I GENERAL PROVISIONS article 1 In this joint Rule, which is: 1. Narcotic Addict is a person using or abusing Narcotics and in a State of dependence on Narcotics, either physical or psychic. www.djpp.kemenkumham.go.id


2014, no. 465 5 2. To misuse was people using Narcotics without rights or against the law. 3. Victims of abuse of Narcotics is someone who accidentally using narcotics because persuaded, deceived, conned, coerced and/or threatened to use narcotics. 4. Narcotic Dependence is a condition characterized by an urge to use Narcotics is continuously with increasing rate in order to produce the same effect and if its use is reduced or stopped suddenly, causing physical and psychological symptoms. 5. Narcotic Usage one day is a particular amount of narcotics being carried, owned, controlled and stored to be used by processes to narcotics. 6. Integrated Assessment Team is a team of doctors and a legal team assigned by the leadership of the local work units based on the decision letter of the head of the National Narcotics Agency, National Narcotics Agency, National Narcotics Agency Kab/Kota. 7. Medical Rehabilitation is a process of integrated treatment activities to free addicts from dependence of narcotics. 8. Social Rehabilitation is a process integrated recovery activities, whether physical, mental or social, in order that the former addict Narcotics can return carry out social functions in the life of society. 9. Medical Rehabilitation Institutions are carrying out health services medical rehabilitation for Addicts, victims of Abusive and Misuse of narcotics To which is managed by the Government. 10. The Social Rehabilitation Institute is a place or performing social rehabilitation centres for Addicts, victims of abuse and Misuse of narcotics To which is managed by the Government. 11. the correctional facility who then called LAPAS is a place to carry out the construction of the Inmates and Correctional Protégé. 12. The prisoner's Home Country are hereinafter referred to as RUTAN is where the suspect or accused during the process of investigation, prosecution, and examination of the disidang Court. 2014 www.djpp.kemenkumham.go.id, no. 465 6 13. Medical complications are physical disorders or serious disease conditions related to AIDS, Hepatitis, infectious diseases and other infections such as non disease cancer, diabetes mellitus. 14. Psychiatric Complications are psychiatric disorders or soul in terms of patients experience hallucinations, waham, anxiety and depression are serious. CHAPTER II the PURPOSE of article 2 of the regulation Together aims to: a. Realizing coordination and cooperation of narcotics problem resolution optimally in order to decrease the amount of Narcotic Addicts and Abusers of narcotics through the treatment program, treatment, and recovery in the handling of Narcotic Addicts and Abusers of narcotics as a suspect, accused, or convicts, with fixed carrying out illicit Narcotics; b. Be technical guidelines in the handling of Narcotic Addicts and Abusers of narcotics as a suspect, accused, or inmates to undergo medical rehabilitation and/or social rehabilitation; c. implementation of the medical and rehabilitation process of social rehabilitation in the levels of investigation, prosecution, trial and pemidanaan synergistically and integrated. CHAPTER III IMPLEMENTATION of article 3 (1) of the Narcotic Addicts and Abusers of narcotics as a suspect and/or accused in the abuse of narcotic drugs which are currently undergoing a process of investigation, prosecution, and trial in court can be given treatment, care and medical rehabilitation institutions in recovery and/or social rehabilitation institutions. (2) the Narcotic Addicts and Abusers of narcotic drugs referred to in subsection (1) who suffer medical complications and/or psychiatric complications, can be placed in a government hospital which cost borne by families or for those who could not afford a government-underwritten according conditions. 2014 www.djpp.kemenkumham.go.id, no. 465 7 (3) in the case of narcotics Addicts and Abusers of narcotic drugs referred to in paragraph (2) select a placed in private hospitals who was appointed the Government, then the cost became dependent on its own. (4) security and supervision of Narcotic Addicts and Abusers of narcotics that are placed in the institution for medical rehabilitation, social rehabilitation institutions, and hospitals as referred to in paragraph (1), subsection (2), and subsection (3), implemented by the hospital and/or rehabilitation institution that meets certain security standards as well as in its implementation can coordinate with the Police. (5) the Narcotic Addicts and Abusers of narcotics as a suspect and/or accused who has come from a team of assessment outcome letter Assessment integrated, can be placed in the institution for medical rehabilitation and/or social rehabilitation in accordance with the authorities of the respective institutions. Article 4 (1) of the Narcotic Addicts and Abusers of narcotics as a suspect and/or accused of abuse of narcotics captured but without evidence of narcotics and positive use of narcotic drugs in accordance with the results of a urine test, blood or hair can be placed in the institution for medical rehabilitation and/or social rehabilitation institutions run by the Government following the published results of Laboratory examination of the Events and news of the proceedings by Investigators and has been equipped with an Integrated Assessment Team assessment results. (2) an addict of narcotics and the Narcotics Abusers arrested or caught my hands and there is evidence by a specified amount with or did not use Narcotics according the results of a urine test, blood, DNA or hair during his trial were to take place within a certain period can be placed in the institution for medical rehabilitation and hospitals run by the Government, after News of the proceedings to be made of the results of the laboratory and the news of the proceedings by the investigating Police and/or BNN and Investigators has been equipped with a letter the results of the assessment Team Assessment Integrated. (3) evidence by a specified amount referred to in subsection (2) in accordance with the applicable provisions. (4) the Narcotic Addicts and Abusers of narcotics as a suspect and/or accused of abuse of narcotics caught with evidence beyond a certain amount of www.djpp.kemenkumham.go.id


2014, no. 468 8 referred to in subsection (3) and positive test results based on the Narcotic wears urine, blood, hair or DNA after News of the proceedings to be made of the results of the laboratory and the news of the proceedings by Investigators and has been declared with the results of the assessment of Integrated Assessment Service Team, remained in detention at the home of State Prisoners or Prisoners of the State branch of the Home under the auspices of the Ministry of law and human rights Republic of Indonesia as well as treatment and care can be provided in the framework of rehabilitation. (5) the results of the assessment of Integrated Assessment Team as mentioned in subsection (1), subsection (2), and subsection (4) mandatory summed up the longest 6 (six) days from receipt of the application from the investigators. Article 5 (1) Narcotics Addicts and Abusers of narcotics as a suspect and/or accused Narcotics traffickers, was detained while he was in the home country and for the Prisoners concerned can obtain medical rehabilitation and/or social rehabilitation were held Prisoner in the home country or correctional facility. (2) during the process of investigation and/or prosecution of the matter runs, the investigator and/or the public prosecutor conduct coordination with the rehabilitation institutions in terms of the process of delivery and pick-up of the suspect or defendant in criminal acts of narcotics. Article 6 (1) the defendant or convict Narcotics Addicts or victims of abuse of Narcotics that have earned the designation or court decision that has the force of law remains for treatment and/or care through rehabilitation submitted by the Attorney General to Institute of medical rehabilitation and/or social rehabilitation institutions appointed. (2) the surrender referred to in paragraph (1) above is carried out by the procedure and in accordance with the provisions of the laws applicable invitation. Article 7 (1) For inmates that are included within the category of Narcotic Addicts and victims of abuse of narcotic drugs, and not a hustler or the airport or courier or manufacturer can do medical rehabilitation and/or social rehabilitation carried out in 2014, www.djpp.kemenkumham.go.id or Lapas No. 465 9 Rutan and/or rehabilitation institution that has been designated by the Government. (2) For inmates that are included within the category of Narcotic addicts who have a dual function as a hustler can do medical rehabilitation and/or social rehabilitation in Lapas or Rutan. (3) the implementation of medical rehabilitation and/or social rehabilitation referred to in subsection (1) and paragraph (2) was done based on the results of the assessment of Integrated Assessment Team and in accordance with the provisions of the applicable legislation. CHAPTER IV INTEGRATED ASSESSMENT TEAM article 8 (1) in performing the assessment against Narcotic Addicts and Abusers of narcotics as a suspect and/or inmates as Misuse of narcotics To the Integrated Assessment Team was formed. (2) Integrated Assessment Team referred to in paragraph (1) proposed by the leadership of each of the relevant agencies at the national level, provincial and Government/cities and established by the head of the National Narcotics Agency, National Narcotics Agency, National Narcotics Agency Kab/Kota. (3) Integrated Assessment Team composed of: a. team of doctors which covers Doctor and psychologist b. legal team consists of police, Prosecutors and BNN, Kemenkumham (4) legal team as article (3) subparagraph b specifically for handling suspects a child involving Correctional Hall. Article 9 (1) Integrated Assessment Team have a job to do: a. analysis of someone who is arrested and/or hands caught in regard to abuse narcotic drugs and illicit narcotics. b. assessment and analysis of medical, psychosocial, and recommend a plan of therapy and rehabilitation of a person referred to in paragraph 1 letter a. (2) Integrated Assessment Team as mentioned in article 8 paragraph (1) has the authority: www.djpp.kemenkumham.go.id 2014, no. 465 10 a. at the request of Investigators to conduct an analysis of the role of a person who is arrested or caught the hand as a victim of abuse of Narcotics, Narcotics Addicts or traffickers of narcotics; b. determine the criteria for the severity of the use of narcotic drugs in accordance with the type of content that is consumed, the situation and the conditions when arrested at the scene of the matter; and c. the operative plan of therapy and rehabilitation against Narcotic Addicts and Abusers of narcotics as stated on the letter b. (3) the implementation of assessment and analysis referred to in subsection (1) is conducted by: a. legal team in charge of conducting the analysis in regard of narcotics and illicit narcotics and Precursor abuse of Narcotics Coordinating with Investigators handling the matter; b. the doctors in charge of conducting the assessment and analysis of medical, psychosocial and recommend a plan of therapy and rehabilitation Processes To narcotics. Article 10 (1) the results of the assessment and analysis as referred to in article 9 are used as consideration of Integrated Assessment Team in taking decisions against the petition. (2) the results of the assessment and analysis referred to in subsection (1) is confidential in accordance with the provisions of laws-invitation. Chapter V the CONSTRUCTION and SUPERVISION of article 11 (1) instances of medical rehabilitation institutions overshadowing and/or social rehabilitation do coaching to improve rehabilitation institutions. (2) in conducting the construction referred to in subsection (1), the relevant agencies coordinate between ministries or agencies. (3) in order to guarantee the quality of organization of medical rehabilitation and/or social rehabilitation, the leadership of the agency consisting of medical rehabilitation institutions and/or social rehabilitation do www.djpp.kemenkumham.go.id


2014, no. 465 11 surveillance against the implementation of medical rehabilitation program and/or social rehabilitation. (4) the Rehabilitation Institutions deliver programs of medical rehabilitation and/or social rehabilitation against the suspect, the accused, the convicted person in the abuse of narcotic drugs convey the development of rehabilitation programs to law enforcement that he did ask for rehabilitation in accordance with the level of judicial process. (5) against the decision of a judge who already have permanent legal force, ruling the rehabilitation carried out by the public prosecutor to the rehabilitation institutions appointed by the Government in accordance with the ruling of the judges. Article 12 (1) of the Narcotic Addict inmates and the victims of the abuse of narcotic drugs placed in separate blocks by convicts that are included in the category of courier, distributors, manufacturers, importers are illegal. (2) Prisoners who are included in the category of courier, distributors, manufacturers, importers of illegal as referred to in paragraph (1) are placed in separate Prisons or Lapas between Narcotic Addicts and Abusers of narcotics when infrastructure is already fulfilled. Article 13 (1) of the implementing Regulation together with technical is conducted by: a. Reserse Polri Criminal Agency Head; b. Deputy National Narcotics Agency eradication of Indonesia; c. the National Narcotics Agency Rehabilitation Deputy of Republic of Indonesia; d. the Attorney General Crime General Prosecutor's Office of the young Republic of Indonesia; e. General Director of prisons of the Ministry of law and human rights Republic of Indonesia; f. the Director General community development efforts of Health the Ministry of health of the Republic of Indonesia; and g. the Director General of the Social Rehabilitation of the Ministry of the social Republic of Indonesia. (2) the technical Provisions referred to in paragraph (1) it will be further regulated respectively by the head of the Agency's Criminal Police, www.djpp.kemenkumham.go.id Reserse 2014, no. 465 12 deputies of the eradication of BNN BNN, Rehabilitation and Deputy Attorney General of the criminal act of a young General, and General Director of prisons of the Ministry of Justice and human rights, the Director General of the Health Ministry of Health Efforts Bina, and the Director General for Social Rehabilitation, Social Ministry. CHAPTER VI FINANCING of article 14 (1) medical rehabilitation Costs for defendants who have been terminated by a court charged to the budget of the Ministry of health. (2) social rehabilitation Costs for defendants who have been terminated by a court charged to the budget of the Ministry of social. (3) the cost of medical rehabilitation and/or social rehabilitation for suspects and/or accused as an addict of narcotics and Narcotics Abuse Victims who are still in the process of the judiciary charged to the budget of the National Narcotics Agency. (4) the cost of the implementation of the assessment carried out by the Integrated Assessment Team charged to the budget of the National Narcotics Agency. (5) All costs incurred related to the implementation of this joint Rule charged to each agency unless specified in this joint Rule. CHAPTER VII MISCELLANEOUS PROVISIONS Article 15 (1) of the Implementing Regulation, this joint was evaluated every 3 (three) years periodically or when deemed necessary can be done for less than three (3) years by the evaluation team, consisting of experts appointed by each of the institutions concerned. (2) the results of the evaluation as referred to in paragraph (1), presented at the leadership of each to follow up. Article 16 the Agency medical rehabilitation and social rehabilitation as stipulated in article 54 of the Act Number 35 in 2009 about Narcotics, the circular letter of the Supreme Court of the Republic of Indonesia number 04 of 2010 about the placement of the Abusers, victims of abuse and Narcotics Addicts in Appendix I, the circular letter of the Supreme Court of the Republic of Indonesia number 03 in 2011 about the placement of the victim www.djpp.kemenkumham.go.id 2014, no. 465 13 misuse of narcotic drugs in Medical Rehabilitation Institutions and Social Rehabilitation and the Attorney General's circular letter Number SE-002/A/JA/02/2013 on February 15, 2013 about placement of Abusers of narcotics Into the institution of Medical Rehabilitation And Social Rehabilitation, Health Minister Regulation Number 2415/MENKES/PER/XII/2011 on the medical rehabilitation of Addicts, Abusers and victims of the abuse of Narcotics and the Minister of Social Affairs Regulation number 03/2013 Standard Social Rehabilitation Institutions about the victims of the abuse of Drugs is a part inseparable in this joint Rule. CHAPTER VIII PROVISIONS COVER article 17 this joint Regulations took effect from the date of promulgation. In order to make everyone aware of it, ordered the enactment of this Regulation Together with its placement in the news of the Republic of Indonesia. Defined In: Jakarta date: March 11, 2014 INDONESIAN SUPREME COURT CHIEF MUHAMMAD HATTA ALI was MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA AMIR SYAMSUDDIN ATTORNEY GENERAL BASRIEF ARIEF, the HEAD of the REPUBLIC of INDONESIA, INDONESIAN NATIONAL POLICE SUTARMAN www.djpp.kemenkumham.go.id 2014, no. 465 2 the MINISTER of HEALTH of the REPUBLIC of INDONESIA NAFSIAH MBOI (INDONESIA) SOCIAL MINISTER SALIM SEGAF AL JUFRI NATIONAL NARCOTICS AGENCY CHIEF ANANG ISKANDAR Enacted in Jakarta on 11 April 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA AMIR SYAMSUDDIN, www.djpp.kemenkumham.go.id