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).
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