Inp.polri.go.id - Jakarta. The Constitutional Court (MK) has ruled that Article 146, paragraphs (1) and (2) of Law No. 35/2009 on Narcotics, which permits the deportation of foreign nationals convicted of drug offenses, remains constitutional. 

The legal challenge was brought by Yuyun Yuanita, whose Swiss husband was deported and barred from re-entering Indonesia for drug-related crimes. She argued that the law creates injustice and discrimination against families of foreign offenders, preventing her from reuniting with her husband and their child.

Yuyun requested that deportation and entry bans be exempted for foreign nationals married to Indonesian citizens with children. 

However, during the session on Thursday (26/9/2024) led by Constitutional Court Chief Suhartoyo, the Court upheld the law, stating that deportation policies are necessary for national security and public welfare, especially given the persistent issue of drug crimes in Indonesia.

The Court emphasized that the law aligns with Indonesia's obligations to combat drug trafficking and adheres to international conventions on narcotics control. 

(mg/inp/pr/nm)