Indonesia's Drug Laws in Light of the Jarred Shaw Case

by Aziza Fitri Aswar & ELFI, S.PD.I.,MPD

Imagine an American athlete traveling to Indonesia with snacks purchased in Thailand and
facing a death sentence. This is not a hypothetical scenario, but an actual serious dilemma in the
case of Jarred Dwayne Shaw, a 34-year-old U.S. professional basketball player was arrested at
Indonesia's Ngurah Rai Airport in May 2025, for allegedly smuggling cannabis-infused gummies
(AP News, 2025). The gummies may have been legally purchased in Thailand, but in Indonesia,
cannabis consumption is considered a Category I narcotic, and carries the death penalty (Jakarta
Post, 2022). This incident exemplifies the collision between global movement toward drug
decriminalization and Indonesia's indisputable rigid narcotics policies. This essay will explain
how Indonesia's harsh drug laws disproportionately endanger foreign nationals and why these
laws urgently require reform to ensure proportional sentencing based on criminal intent, despite
claims that strict punishment is necessary to deter drug crimes.

First, Indonesia's harsh drug laws disproportionately endanger foreign nationals, often
punishing them with extreme penalties even when criminal intent is unclear. Indonesia's zero-
tolerance drug policy has placed numerous foreign nationals, like Shaw, in danger of facing the
death penalty for drug-related offenses, often without clear criminal intent (People, 2025).
Reports indicate over 500 individuals are currently on death row in Indonesia for drug crimes,
including 96 foreigners (Amnesty International, 2023). Shaw allegedly declared his gummies as
"candy," indicating possible ignorance of Indonesian law, rather than deliberate smuggling (New
York Post, 2025). Yet Indonesian police have charged him under Article 113 of the Narcotics
Law, which can carry life imprisonment or death (CNN Indonesia, 2025). Foreigners unfamiliar
with the nuances of Indonesia's legal system are at disproportionate risk, especially when they
are caught in grey areas created by inconsistent international policies (The Sun, 2025).

Second, Indonesia's drug laws urgently need reform to ensure proportionality in sentencing
and recognition of intent. Indonesia's drug law does not distinguish clearly between personal
possession and trafficking, leading to disproportionately harsh penalties even in minor cases
(IJRS, 2023). In Shaw's case, police confirmed the cannabis content was only around 21 grams,
a quantity not typically associated with trafficking (ANTARA News, 2025). Moreover, Shaw
allegedly intended to share the snacks with teammates, not sell them (Kompas, 2025). Critics
argue that such details should matter in sentencing, and that mandatory minimums and death
sentences rob courts of discretion to administer justice based on intent and context (Indonesia Business Post, 2025). Reform advocates, including legal scholars and health professionals, urge
the government to adopt a public health approach, focusing on rehabilitation rather than
punishment for non-violent drug offenses (IJRS, 2024).

Some argue that Proponents of Indonesia's drug policy argue that strict penalties---including
the death penalty---are essential deterrents in a country facing serious narcotics issues (BNN,
2024). The Indonesian National Narcotics Agency reports rising rates of drug abuse, especially
among youth, and insists that leniency could open the floodgates to wider usage (BNN, 2024).
President Joko Widodo has long defended the death penalty as necessary to protect the nation
from the dangers of narcotics (Jakarta Globe, 2023). In their view, relaxing drug laws would
send the wrong message to traffickers and reduce Indonesia's global image as a stronghold
against drug crime.

In conclusion, Jarred Shaw's case exemplifies a contrast between national rights of
sovereignty in law enforcement and established international standards of justice. As nations can
bear responsibility for protecting their citizens from narcotics, Indonesia is one such country
attempting to do so by enforcing the death penalty on those who may be low-level or negligent
offenders. However, what is "helping" the situation may be causing "harm." Shaw's case is not
solely a legal situation; it reflects Indonesia's ability to develop and modernize its justice system.
If Indonesia were to see these types of laws reformed, not only would Indonesia benefit from that
stand on human rights, but it would also have a justice system that is not only proportional and
humane but also universally accepted. Indonesia must decide if reform is better than
conservatism---not solely for Jarred Shaw.

Amnesty International. (2023). Indonesia: Death penalty continues to target drug offenders.
https://www.amnesty.org/en/latest/news/2023/03/indonesia-death-penalty-drug-
offenders/
ANTARA News. (2025). Drugs eradication: Shifting from incarceration to rehabilitation.
https://en.antaranews.com/news/350981
AP News. (2025). American basketball player arrested for alleged drug smuggling in Indonesia.
https://apnews.com/article/0926789be4bdce21e3e0fb58b889bb9d
Badan Narkotika Nasional (BNN). (2024). Annual Drug Report 2024. https://bnn.go.id

CNN Indonesia. (2025). Eks pebasket NBA ditahan karena bawa permen ganja di Bali.
https://www.cnnindonesia.com/nasional/20250517
Global Commission on Drug Policy. (2022). Time to End Prohibition.
https://www.globalcommissionondrugs.org/reports
Human Rights Watch. (2024). World Report: Indonesia. https://www.hrw.org/world-
report/2024/country-chapters/indonesia
IJRS. (2023). Revisiting Indonesia's Criminal Code and Drug Policy.
https://ijrs.or.id/2023/12/01
IJRS. (2024). Public Dialogue: Drug Policy Reform and Harm Reduction.
https://ijrs.or.id/2024/12/18
Indonesia Business Post. (2025). Diplomatic challenges in enforcing death penalty for foreign
drug convicts. https://indonesiabusinesspost.com/3544
Jakarta Globe. (2023). President Jokowi defends death penalty for drug crimes.
https://jakartaglobe.id/news/2023
Jakarta Post. (2022). Indonesia's zero tolerance drug laws leave hundreds on death row.
https://www.thejakartapost.com/opinion/2022/08/31
Kompas. (2025). Jarred Shaw: Eks pebasket AS ditahan karena bawa permen ganja.
https://www.kompas.com/global/read/2025/05/17
New York Post. (2025). Former basketball star faces death in Indonesia.
https://nypost.com/2025/05/16
People. (2025). U.S. basketball player could face death penalty in Indonesia.
https://people.com/us-basketball-player-arrested-drug-smuggling