Despite
the Indonesian government’s efforts to contain illegal drugs, the public still
faces looming threats due to the rampant distribution of the substances.
Many people have fallen victim to illegal
drugs. This indicates the inability of the Drug and Food Supervisory Agency (BPOM)
to deal with the problem.
Founded in 2001, the agency may have been able
to bring perpetrators to court but, unfortunately, they have only faced light
sentences that have not provided a strong enough deterrent.
Data from the BPOM shows as many as 209 drug
counterfeiters were sent to 1.5 months in jail in 2010. Meanwhile, in 2009, 174
drug counterfeiters were sent to five months in jails and had to pay Rp 5
million (US$560) fine as the heaviest sanction.
Obviously, such light sentences have little
deterrent effect.
The 2009 Health Law stipulates that people who
commit the crimes of producing and selling illegal drugs and foods face a
maximum of 15 years in jail and Rp 1.5 billion fine.
The recent succession in the BPOM chairmanship
should now be used as momentum to show the public the agency’s power.
Speaking after the inauguration of Lucky Oemar
Said, the new BPOM chairperson, Health Minister Endang Rahayu Sedyaningsih said
the agency should confront food and drug counterfeiting by launching effective
and consistent law enforcement.
“The [food and drug] supervision, especially
in both pre- and post-distribution, should be in line with international
standards,” the minister said.
Separately, public health professor Hasbullah
Thabrany said the government must take bold measures to protect people from the
dangers of illegal drugs.
“The issue here is whether or not the BPOM has
power,” Hasbullah told The Jakarta Post recently.
“The government should not only find and seize
counterfeit drugs on the market. It must also combat and put an end to
counterfeiting,” said Hasbullah.
During the fourth Pangea Operation in
September 2011, the agency seized counterfeit drugs distributed online worth Rp
82 million.
The drugs turned out to be medicines for
erectile dysfunction and libido boosters.
While praising ongoing efforts, Hasbullah
said, the BPOM did not show its power when it came to business-oriented
medication.
It was quite surprising to know that neither
the Health Ministry nor the BPOM investigated alternative therapies, including
herbal remedies or body massage with specific techniques, that were massively
promoted via the media, whereas no scientific-based research could support their
claims.
“Why do they stay silent to such medically
unproven therapy or other inferior products, such as food supplements, which
have no scientific evidence?” he said.
Responding to this condition, Lucky said her
office kept on doing its job of supervising food and drugs in the market.
“We already have power, but still it is not
strong enough. We need a specific law that regulates drug and food control,”
she said, adding that the House of Representatives planned to deliberate the
long-awaited draft law on drug and food control this year.
“With the umbrella law, I’m sure we can
conduct firmer action to combat drug counterfeits,” Lucky said, adding that the
draft law was already in this year’s national legislation program.
Citing an example, she said the 2009 Health
Law still considered drug counterfeiting as not a serious crime.
As a result, courts charged most perpetrators
with light criminal violations.
“They received only four months in jail or a
Rp 1 million fine with little deterrent effect. With the new law we’ll have
significant changes,” she said.
Elly Burhaini Faizal
The Jakarta Post
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