Angela Petronella Wattimury
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Pengaturan Peredaran Gas N₂O dalam Bentuk Whip Cream Chargers dalam Rangka Pencegahan Penyalahgunaan Gas N₂O sebagai Zat Adiktif Angela Petronella Wattimury; Rahel Octora
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 4 No. 3 (2026): September: Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v4i3.2661

Abstract

Nitrous oxide (N₂O) is a chemical compound that has legitimate uses in the medical, food, and automotive sectors. However, its misuse as an inhalant to obtain psychoactive effects has recently increased, particularly through whip cream chargers that are widely sold, including on online marketplaces. The issue arises because N₂O has not yet been classified as a narcotic or psychotropic substance under Indonesian positive law, creating a legal gap in supervision and law enforcement regarding its distribution. This study aims to analyze the classification of N₂O within the perspective of narcotics and psychotropic law in Indonesia and to examine criminal liability for distributors involved in the free sale of N₂O in the form of whip cream chargers. This research uses a normative juridical method with statutory and conceptual approaches. Legal materials were obtained from legislation, books, journals, and expert opinions, which were analyzed qualitatively. The results show that although N₂O is not categorized as a narcotic or psychotropic substance, its misuse and distribution may still be subject to sanctions under the Health Law, Consumer Protection Law, and Electronic Information and Transactions Law. Distributors as business actors may be held criminally liable if they distribute products without proper authorization, fail to meet safety and quality standards, or provide misleading information to consumers. Therefore, strengthening administrative regulations and distribution supervision is necessary to prevent the misuse of N₂O in Indonesia.