ARBITER: Jurnal Ilmiah Magister Hukum
Vol 8, No 1 (2026): ARBITER: Jurnal Ilmiah Magister Hukum Mei

The Criminalization of Nitrous Oxide Abuse: A Comparative Study of Indonesian and Dutch Law

Fernanda, Kesya Nur Aulia (Unknown)
Rusdiana, Emmilia (Unknown)



Article Info

Publish Date
30 Apr 2026

Abstract

The rising phenomenon of the misuse of nitrous oxide (N2O) as a recreational psychoactive substance has had an impact on public health and order. In contrast, Indonesia has yet to explicitly address its regulation in Law No.35 of 2009 concerning Narcotics. This study aims to examine the differences in regulations and the rationale for criminalizing N2O abuse as a legal reform in Indonesia, using a normative legal research method with statute, comparative, and conceptual approaches. This study found differences in the regulation of N2O abuse. The Netherlands has classified N2O as a category II controlled substance under the Dutch Opium Act (Opiumwet), which this study assesses as having considered the principles of ultimum remedium and proportionality. Meanwhile, Indonesia still lacks a comprehensive basis for criminalization. The relevance to legal reform in Indonesia lies in a phased approach. This study fills a gap in comparative research regarding the regulation of N2O abuse within legal systems in Indonesia and the Netherlands. These findings indicate the need for Indonesia to strengthen administrative regulations and oversight of the distribution and use of N2O. If non-penal instruments prove ineffective, criminalization may be considered selectively and in a manner that ensures proportionality.

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Journal Info

Abbrev

arbiter

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

ARBITER: Jurnal Ilmiah Magister Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of ...