Indonesia have laws against narcotic
However the law is a bit strange.
Say there are 2 people doing the exact same crime, namely using drugs. One is jailed a minimum of 4 years and another is freed. The only difference is physical evidence even though both have positive urine tests.
All users must have "possessed". How does that work?
I did a lot of research and one of the reason is that they are charged with 2 different articles. One is charged with possessions and another is charged with usage.
Possession carry much bigger penalty even though every user must have possessed.
The only thing that may make sense is that the possession article is intended for "dealers". However, I do not find any corroborating evidences. Some legal expert have that opinion but that's pretty much it.
The article 112 says that
(1) Any person that without right or against the law possess, store, control, or provide Narcotics Category I which is not a plant, shall be punished with minimum imprisonment of 4 (four) years and a maximum of 12 (twelve) years and a minimum fine Rp 800.000.000,00 (eight hundred million rupiah) and maximum Rp 8.000.000.000,00 (eight billion rupiah).
Then article 127 says that
(1) Any person that without right or against the law using the Narcotics of category III against others or give the Narcotics of category III to be used of others, shall be punished with minimum imprisonment 3 (three) years and a maximum of 10 (ten) years and fined at least Rp 600.000.000,00 (six hundred million rupiah) and maximum Rp 5.000.000.000,00 (five billion rupiah).
I've heard that many complains about these laws.
Anyone that uses narcotic must have control, possess, or store the narcotic. So many judges uses article 112 instead of 127.
There are opinions that article 112 is for dealers and not users. That is why the penalty is higher.
However, I do not see anything in the law or the title of the law that says that 112 is for dealers.
So which one is right?
Is this common in all over the world that the penalty for storing, possessing, or controlling narcotic is heavier than the penalty for "using". Notice that all users must have stored, possessed, and controlled narcotic for the purpose of using.
Or is Indonesian laws very strange?
Update: I studied court cases in Indonesia.
This is some samples I found.
I saw 2 users. One get jailed for 6 years (for possession) but most are freed. The difference is trivial. The one jailed for 6 years have physical evidence of possession. Of course all users must have possessed. The idea that the court can't figure this out by logic makes me wonder about the reasonableness of evidence in Indonesia court.
The drug is the same. Meth.
https://www.idntimes.com/news/indonesia/rochmanudin-wijaya/polisi-hasil-tes-urine-andi-arief-positif-konsumsi-narkoba-jenis-sabu <- politicians free without going to trial
https://www.msn.com/id-id/berita/nasional/manajemen-rsko-cibubur-mengaku-tidak-pernah-merehabilitasi-andi-arief/ar-BBVk42G <- told to to go rehabiliation without trial. Of course because most users are not addicted, the rehabilitation clinic simply say he tested negative and move on. Anyone "sentenced" to rehabilitation need only to stop using drugs for 2 weeks to test negative. Typical normal users use drugs like once every 6 months. Some drugs like DMT is used like once or twice a life time
https://radarbali.jawapos.com/read/2019/01/24/115702/doyan-sabu-biar-pd-pemandu-lagu-berparas-cantik-terancam-bui-12-tahun <- minimum sentence 6 years
https://beritabali.com/read/2019/03/27/201903270013/Jaksa-Tuntut-Pelayan-Kafe-Konsumsi-Sabu-Agar-Kuat-Minum-Layani-Tamu-6-Tahun-Penjara.html <-charged with 6 years jail
You probably need google translate and understand that shabu means meth.
Basically the "smart" users would use it right away to minimize chance of having physical evidences and that's silly.
Cops are often tested for urine. About 10% test positive. Assuming people use drugs once every month and the test is valid for 3 days, the estimate is that all cops use it. Those cops get "counselling"
Someone told me that all cops are actually using it
https://regional.kompas.com/read/2016/04/01/17350831/Dari.25.Polisi.yang.Ikut.Tes.Urine.12.Orang.Positif.Narkoba this article says 12 out of 25 polices are tested "positive"
This one tested positive too. I can't found the case where they just got "counselling". I think I read that. In any case there is no way the cops go to jail. Our jail is full.