p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Sriwijaya Law Review
Claim Missing Document
Check
Articles

Found 2 Documents
Search

From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law Andri Winjaya Laksana; Hendro Widodo; Anton Rudiyanto; Ida Musofiana
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5940

Abstract

This study examines the historical foundations of Indonesian narcotics law without assuming a direct causal line from the British opium trade in China to Law No. 35 of 2009. The problem is the tendency of legal-historical accounts to treat China and Indonesia as equivalent colonial experiences and omit the stages through which international drug control was received in the Dutch East Indies and post-independence Indonesia. Using doctrinal legal research, legal history, and conceptual analysis, the study develops a connected-history framework that distinguishes origin, transmission, colonial reception, and domestic adaptation. The findings show that British intervention in China functioned as an international catalyst by exposing the conflict between commercial power, regulatory sovereignty, and public health. The 1909 Shanghai Opium Commission and the 1912 International Opium Convention converted that controversy into multilateral control techniques, while the Dutch Opiumregie supplied the more direct administrative link to Indonesian territory. Indonesia’s punitive orientation cannot therefore be attributed solely to Britain or China; it also reflects later United Nations conventions, post-independence legislation, enforcement practices, and national policy choices. Continuity is strongest at the functional level—classification, licensing, surveillance, and penal control rather than as an unbroken transfer of identical legal rules. The article proposes a differentiated enforcement model that preserves firm sanctions for organized trafficking while making assessment, medical and social rehabilitation, and reintegration the primary response for addicts and victims of abuse, particularly young people. Its novelty lies in a four-stage transmission model that clarifies the relevance and limits of colonial genealogy for reforming Indonesian narcotics law.
From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law Andri Winjaya Laksana; Hendro Widodo; Anton Rudiyanto; Ida Musofiana
Sriwijaya Law Review Volume 10 Issue 2, July 2026
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.v10i2.5940

Abstract

This study looks into the historical roots of narcotics regulation in Indonesia. It argues that the opium trade involving Britain and China significantly shaped Law No. 35 of 2009. A key issue in current scholarship seems like it conflates the colonial experiences of China and Indonesia. This muddles the unique phases through which the international drug control regime developed in the Dutch East Indies. Using a normative legal research method, the study creates a historical framework that distinguishes the origins, spread, colonial reception, and eventual national adaptation of drug control. The findings show that British involvement in China acted like a global trigger, highlighting tensions among commercial interests, regulatory power, and public health concerns. This discussion later formalized into a multilateral control system through the 1909 Shanghai Opium Commission and the 1912 International Opium Convention. At the same time, the Dutch Opiumregie set up a direct administrative pathway into Indonesian territory. So, Indonesia's tough stance on narcotics can’t be explained by British or Chinese influence alone. It also comes from UN conventions, legal developments after independence, enforcement practices, and later policy choices. The strongest continuity seems to lie at the functional level, especially in classification, licensing, supervision, and managing sanctions, rather than just a direct transfer of identical legal rules. This article suggests a unique law enforcement model that enforces strict sanctions against organized trafficking while focusing on assessment, medical and social rehabilitation, and reintegration for addicts and victims of violence, particularly the youth. It’s notable for proposing a four-stage dissemination model that clarifies the connections and limitations of the colonial history related to drug law reform in Indonesia.