Sriwijaya Law Review
Volume 10 Issue 2, July 2026

From China to the Dutch East Indies: Colonial Opium Control and Indonesian Narcotics Law

Andri Winjaya Laksana (Faculty of Law, Sultan Agung Islamic University, Semarang, 50112, Indonesia)
Hendro Widodo (Fakultas Hukum, Universitas Islam Sultan Agung)
Anton Rudiyanto (Kejaksaan Agung Republik Indonesia)
Ida Musofiana (Universitas Islam Sultan Agung Semarang)



Article Info

Publish Date
31 Jul 2026

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.

Copyrights © 2026






Journal Info

Abbrev

Publisher

Subject

Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice

Description

The Sriwijaya Law Review known as the SLRev launched on the 31st January 2017 and inaugurated formally by the Rector of the university is a forum which aims to provide a high-quality research and writing related to law. Areas that relevant to the scope of the journal cover: business law, criminal ...