indonesia
Is this true that drug users in Indonesia cannot be prosecuted if they are in rehabilitation?
<p>I have read that if someone was to check into a drug rehabilitation center in Indonesia they have to list themselves as a drug addict but then have immunity from being procecuted for listing themselves as a drug addict.</p>

<p>If someone were to check  themselves into a drug rehabilitation center in Indonesia, and registered themselves a "drug addict" would they be immune from openly stating that they use drugs?</p>

<p>It seems that article 128 of narcotic laws speak like this:
<a href="http://www.flevin.com/id/lgso/translations/JICA%20Mirror/english/4868_UU_35_2009_e.html" rel="nofollow noreferrer">http://www.flevin.com/id/lgso/translations/JICA%20Mirror/english/4868_UU_35_2009_e.html</a></p>

<p>Article 128</p>

<blockquote>
  <p>(3) Narcotics addicts that are old enough as referred to in Article 55
  paragraph (2) are currently undergoing medical rehabilitation 2 (two)
  times the period of medical treatment in the hospital and/or medical
  rehabilitation institutions designated by the government was <strong>not
  sentenced</strong>.</p>
</blockquote>

<p>I am not exactly sure what it means. Does that mean anyone can just report that they are addict and got a free license of using illegal drugs?</p>

<p>This article suggest <a href="https://www.translatetheweb.com/?ref=TAns&amp;from=&amp;to=en&amp;a=https://www.hukumonline.com/berita/baca/lt595f3a8c67506/pecandu-narkotika-yang-tidak-dapat-dituntut/" rel="nofollow noreferrer">https://www.translatetheweb.com/?ref=TAns&amp;from=&amp;to=en&amp;a=https://www.hukumonline.com/berita/baca/lt595f3a8c67506/pecandu-narkotika-yang-tidak-dapat-dituntut/</a></p>

<p>yes</p>

<p>Some of my friends told me that too.</p>

<p>The official clause in question is <a href="http://www.flevin.com/id/lgso/translations/JICA%20Mirror/indonesia/4868_UU_35_2009_i.html" rel="nofollow noreferrer">here</a>:</p>

<blockquote>
  <p>Pecandu Narkotika yang telah cukup umur sebagaimana dimaksud dalam
  Pasal 55 ayat (2) yang sedang menjalani rehabilitasi medis 2 (dua)
  kali masa perawatan dokter di rumah sakit dan/atau lembaga
  rehabilitasi medis yang ditunjuk oleh pemerintah tidak dituntut pidana</p>
</blockquote>

<p>which unofficially says</p>

<blockquote>
  <p>Narcotics addicts who are old enough as referred to in Article 55
  paragraph (2) who are <em>undergoing medical rehabilitation with at least two treatments by doctors in hospitals and / or medical rehabilitation
  institutions designated</em> by the government shall not be not criminally prosecuted</p>
</blockquote>

<p>where the italicized part involves some interpolation – a professional legal translator could have a better English rendition. The point is that you have to actually be getting treatment, and it has to be at a  facility that is approved (ditunjuk) by the government. Such addicts are not criminally "dituntut", which could cover being charged, indicted, prosecuted or sued, a minor ambiguity resolved by the fact that the prosecutor is the "penuntut umum" (same root word). Under the law, it is not sufficient to just register (report yourself), you have to actually be receiving treatment. </p>

<p>The part about "was not sentenced" is just a mistake.</p>
