Indonesian Legalities

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drrich2

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I'm posting this to find out more about 'what I don't know I don't know' about Indonesian laws and norms pertinent to tourists. Reading about medication-related concerns inspired the thread, but I ran across other things.

Been reading a bit on customs foreigners might run afoul of. Attire away from beaches is conservative by western standards but varies by region. Public displays of affection betwixt romantic partners are frowned up (even a kiss between a married a couple), and from various sources I got the impression being recognized as homosexual (which I am not) is an issue that varies where location and can be volatile. I was going to find a quick article to link for concerned people to read, but got the impression the situation varies regionally, both legalities and social norms are at issue, and it's subject to change, so maybe better I suggest anyone it might pertain to considering a trip to Indonesia search out current articles for info. It gets confusing - I read that Indonesia is technically a secular nation (though heavily Muslim), but also saw reference to Sharia law having an impact. Might be worth concerned parties making a thread in the LGBTQIA Friends & Perspectives sub-forum, if that'd be useful.

Here are some notes I pulled together today:

Legal – Per WikiTravel.org’s Indonesia page, Indonesia imposes the death penalty on people caught bringing in drugs. Per the Indonesian Embassy in Helsinki, Finland, you may bring medication if it’s clear it’s only for personal use, you must declare it by using a customs declaration form and present a letter from your physician stating the amount you use per day and listing the medication and/or a cop of the original prescription to the customs officer. If you are questioned by the customs officer, you need to have these documents to prove it’s legally prescribed. It’s illegal to bring narcotics into Indonesia; if you bring medicines containing narcotics you must declare them with the customs declaration form, present a physician’s letter stating reason for taking it and a copy of original prescription to customs officers. Medications containing narcotics must be in original packaging, and dosage quantity must not exceed duration of visit.

Here's a list from the Embassy in Helsinki:

According to Narcotics Law of the Republic of Indonesia No. 22 / 1997, the type of narcotics such as the following are prohibited to enter Indonesian territory:
  • Opium (Papaver Somniferum) Including it’s Plant, Ripe opium, ripe opium such as Opium Jicing and Jicingko
  • Erythroxylon Cocca, Erythroxylon Cocca Including : it’s plant, Cocca leaves and unripe cocca
  • Cocaine
  • Marijuana
  • Heroin
  • Morphine
  • Mirofina/Morphina
  • Salts and derivatives
  • Codeine
  • Polkodina
  • Mixture of Opium with other non-Narcotics substances
Physician letter, the listing of the medication and a copy of original prescription must be translated into Indonesian or English.

That marijuana mention concerned me because in the U.S., it breaks down into 3 issues:

1.) Marijuana - contains THC, a psychoactive agent.
2.) CBD - supposedly non-psychoactive agent with various purported benefits; some CBD products are essentially THC-free, and some have low levels.
3.) Hemp - still the marijuana plant, but from what I understand with very low levels of THC. In KY, there's a cut-off % for what's legal and what's not, for example.

In the U.S. mind, CBD and hemp. don't equal 'marijuana.' But what about Indonesian law? Well, some site called BaliSpirit had a lot to say about that. Some excerpts:

"It is a well-known fact that Indonesia, like its partner ASEAN countries (with the exception of Thailand), does not allow the sale or personal possession and/or trafficking of anything classified as a ‘drug’ or ‘narcotic’, including many recreational ‘drugs’ or substances that are legal in other countries, such as cannabis derivatives or even prescription narcotics for legitimate consumption.

Cannabis is illegal in Indonesia​

Let it be known that although some countries have legalized the medical use of cannabis, that as of March 2021, Indonesia has NOT legalized Cannabis in any way shape or form, in fact the punishment for possession have gotten even stronger."

"Moreover shipping/receiving or hand carrying into the country (via port or airport) any narcotics or cannabis derivatives can warrant huge fines and prison time. Knowingly receiving any marijuana or other drug in a package through the post office or knowingly carrying any of the above drugs in your luggage through an Indonesian airport is considered INTERNATIONAL DRUG TRAFFICKING and classified as an international criminal offense. The ‘trafficker’ will have to pay significant fines and stay in jail for a minimum sentence of 4 years unless proven innocent in an Indonesian court of law.

Driving this point home further, let it be known that if you are a traveler with a legitimate prescription for narcotics (OxyContin, Codeine, for example), prescriptions of over 14 days MAY NOT be valid in Indonesia. In fact, if a bottle of OXY or other narcotics (for medical personal consumption) is carried in to Indonesia without proof of prescription, there is a risk of heavy fines and a prison sentence will be applicable even if the ‘trafficker’ made an ‘innocent mistake’ and carried a prescribed amount over. This author is not clear on the facts but assumes that prescriptions of over 14 days MAY NOT be valid in Indonesia, and assumes that one must carry a written prescription to avoid penalty.

Unfortunately, since 2016 or so there has been an increasing number of ‘innocent’ foreigners who have been searched at customs in the Bali & Jakarta airports and ‘caught’ with a cannabis derivative in their possession and subsequently arrested for international drug trafficking. Their possession included quantities as small as ONE marijuana cookie, one joint mistakenly found in a wallet, topical HEMP massage oil, medicinal hemp supplements and other types, such as: medical marijuana, herbs, oils (topical or oral), marijuana edibles such as cookies/brownies/other). ANYTHING WITH CBD/THC/HEMP or a Marijuana Leaf will be confiscated and the offender will be booked for prosecution.

In fact, since 2018, every month there is at least one new person arrested and thrown in jail for as little as one small bottle of topical CBD oil or a cookie. 2019 booked a record high of foreigners being arrested at the airport for possession. And as of January 2020 the data shows that the minimum expense is to traffickers / offenders is 1 month in prison and minimum USD $50,000.00 in fines and fees."

"To repeat, the possession of or dealing with any drugs including CBD Oil, THC Oil (even if prescribed), medical Marijuana, cookies, edibles is indictable due to Indonesian law according to which drugs/narcotics are defined as follows:

Article 1.1.
Any substance or medicine derived from plants or non-plants, either synthetic or semi-synthetic, which may cause degradation or change of consciousness, sensation loss, reduction through elimination of pain, and may cause dependence, which is differentiated into groups as referred to the law:

1. Therapeutically useless drugs, highly addictive like opium and its derivatives, heroin, cocaine, hashish, marijuana, MDMA (ecstasy), mescaline, LSD, amphetamine, methamphetamine, etc.

2. Therapeutically useful drugs but highly addictive like hydromorphone, oxycodone, pethidine, morphine ,etc.

3. Therapeutically useful but not as addictive as group 1&2 like dihydrocodeine, codeine, buprenorphine, etc.

Sentences can be high fines, jail up to life imprisonment and/or death penalty especially in case of trafficking."

 
Oh, since 'death penalty' sounded a bit over the top, I did a little follow up searching. From Journeying the Globe, 7 Common Things That Are Illegal In Bali: Dos & Don'ts (updated March 14, 2022):
"The Indonesian authorities take the use of drugs and the trafficking of drugs very seriously. As it should. Indonesia is hardly an exception when it comes to drug laws. But, if you are caught in Bali in the possession of drugs then you will face the full force of the law. If you were to be convicted of trafficking drugs then you might not just be looking at a prison sentence. You could be looking at the death penalty. Although used rarely, the death penalty is alive and well in Bali. In 2005, nine travelers visiting from Australia were convicted of drug smuggling in the infamous “Bali Nine” case. Two of the Australian travelers were executed in 2015. Do you want to take that risk?"
"Marijuana is classed as a “Group 1” drug in Bali, the same category as Cocaine and Heroin. If you are ever offered any drugs in the streets in Bali, or anywhere in Indonesia (or the world for that matter), you should just walk away. As if we need to tell you. But, you know, just in case we do. Some undercover police officers in Bali pose as drug dealers to catch you out. You have been warned."
"It’s obvious that illegal drugs are going to be… illegal. But you might be surprised to know that the use of some prescription drugs is also prohibited according to Indonesian laws. This has caught many tourists out over the years. If you take sleeping pills, or any medication to combat ADHD you might not be able to take them into Bali with you. Likewise with strong pain killers including morphine.

Steps to take should you need to take prescribed drugs into Bali

  • Keep the medication in the original packaging/bottle
  • Get a letter from your doctor. The letter should be printed on official paper. It needs to contain details about the medication, its intended use, and the quantity you require – which should match the quantity you have with you. It should also be in English.
  • Take the prescription with you if you have it"
"An Australian man was detained in Bali for five days after entering the country with prescribed ADHD pills. He did not have a doctor’s letter and the number of pills he had on him was deemed excessive by the Indonesian authorities. He was lucky to get away with just five days of detention – if you can call that lucky – but he had been facing a prison sentence of up to twenty years.

Get to know the law if you take prescription drugs, including:

  • Codeine (found in painkillers)
  • Opiods (such as morphine)
  • Pseudoephedrine (used in some cold medication)
  • Dexamphetamine (used in ADHD medication)
  • Benzodiazepines (Valium and Xanax takers beware)"
The article also notes in Bali smoking in public places is illegal; fines tend to be small but there's a risk of 3 months incarceration. And gambling's noted to be illegal in Indonesia.

"Indonesian law requires people to carry ID with them all the time. That extends to tourists as well as local residents. You are meant to carry your passport with you for identification at all times. If you are stopped by the police your passport is one of the first things you will be asked to show. A photocopy of it should be okay if carrying around your passport does not appeal to you. Bear in mind that you might have to produce the original passport if the police ask you for it."


I don't use pot or CBD products personally, but many people do. I carry over-the-counter and prescriptions medications, including an antibiotic prescription of Augmentin (just in case I get bronchitis or the like), and I know some people have prescriptions for stimulants (e.g.: Adderall for ADHD) or pain killers (e.g.: Norco), and since they have it in proper prescription bottles may not anticipate being challenged.

I'm still curious as to how much concern people should have for bringing non-narcotic prescription medications in (e.g.: cholesterol-lowering agents, etc...). Does one need to make sure the pill counts match the days the trip's expected to take?

Any insights or other cautions you guys have to share?


Richard.
 

I do not think any 'soft' drug is legal in SE Asia or may be even the whole Asia.

Over counter drugs can get you into serious trouble in one country but no issue in another. Check on line if in doubt.
Never eve agreed to take anything in/out from some countries. It does not matter how sincere that person is. Too many "stupid peoples" fell into the trap.
 
I take 9 prescription pills daily, plus several OTC supplements and vitamins, and one prescription just once a week, plus three prescribed eye drops. None are narcotic in any way. There has never been even a question, entering at Bali, Jakarta, or Manado. Multiple visits. Being old probably helps!
 
When is your trip to Indonesia?
Aiming for very early Dec. by liveaboard, if things go according to plan. These days, that's uncertain till one arrives! One last minute bad test result can derail so much. Having been on liveaboards before, I pack a little personal pharmacy to handle allergies, nausea, motion sickness, diarrhea, urinary pain (unlikely but you never know), nasal congestion, skin abrasions and infections. I carry prescription med.s in original bottles. No addictive agents or CBD/hemp. products.

In Cozumel, pseudoephedrine is illegal, and once in awhile that decongestant (very popular with divers) gets someone in trouble. So even popular dive destinations sometimes have unexpected prohibitions with potentially serious consequences, and these aren't as publicized as I might've expected.

Advance warning of cultural norms and legalities is handy. I enjoyed some YouTube videos with foreign exchange students/extended stay visitors to other nations such as the U.K. and Germany, and what surprises they found.
 
I had 30 Metformin tabs in a ziploc bag going into Manado. Took them 45 mins to establish that I wasn’t a drug runner. Sounds funny but it wasn’t. Arrived from 3 days in Singapore - they did not hassle me.
 
I had 30 Metformin tabs in a ziploc bag going into Manado. Took them 45 mins to establish that I wasn’t a drug runner. Sounds funny but it wasn’t.
Carrying loose tablets in a ziplock bag is a red flag for customs guys.

I did bring an almost expired pack of Sudafed with me to Sulawesi/Bali in case I needed it.

Can't get that stuff in UAE and I had bought it in the UK some time back pre-Covid.

I think most of us carry various drugs in blister packs when we travel and it's tempting to dump the outer packaging to save space/ weight, but I prefer to keep it just in case it's needed to explain why I have it.
 
Aiming for very early Dec. by liveaboard, if things go according to plan. These days, that's uncertain till one arrives! One last minute bad test result can derail so much. Having been on liveaboards before, I pack a little personal pharmacy to handle allergies, nausea, motion sickness, diarrhea, urinary pain (unlikely but you never know), nasal congestion, skin abrasions and infections. I carry prescription med.s in original bottles. No addictive agents or CBD/hemp. products.

In Cozumel, pseudoephedrine is illegal, and once in awhile that decongestant (very popular with divers) gets someone in trouble. So even popular dive destinations sometimes have unexpected prohibitions with potentially serious consequences, and these aren't as publicized as I might've expected.

Advance warning of cultural norms and legalities is handy. I enjoyed some YouTube videos with foreign exchange students/extended stay visitors to other nations such as the U.K. and Germany, and what surprises they found.
Pseudoephedrine is also illegal in Philippines so beware if you are visiting the country in the future.
Just give yourself plenty of time to get all the required document done and you should be fine.
Welcome to SE Asia.
You probably want to come back for more after this coming trip!
 
https://www.shearwater.com/products/peregrine/

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