Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat
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THE REGULATION OF NITROUS OXIDE DISTRIBUTION TO PREVENT RECREATIONAL MISUSE IN INDONESIA
Abstract
The recreational misuse of nitrous oxide (N₂O), including products marketed under the trade name “Whip Pink”, has become an increasing public health concern in Indonesia despite the substance’s legitimate uses in medical services and the food industry. This study aims to analyze the legal framework governing the distribution and recreational misuse of nitrous oxide products in Indonesia from the perspective of health law and criminal law policy. This research employs a normative legal method using statutory and conceptual approaches. Primary and secondary legal materials were analyzed qualitatively through grammatical and systematic interpretation. The findings indicate that N₂O is not classified as a narcotic under Indonesian law. Although Law Number 17 of 2023 concerning Health and other relevant regulations provides a general legal framework for protecting public health, existing regulations provide legal bases for controlling certain aspects of N₂O production and distribution, the existing regulatory framework remain fragmented. It does not specifically regulate recreational misuse, online distribution, purchaser verification, promotional practices, and the responsibilities of digital platform. These regulatory gaps demonstrate the need for a more integrated legal approach. Accordingly, the article proposes an integrated regulatory model consisting of tighter distribution control, purchaser verification, online marketplace oversight, mandatory health label warnings, public education on health risks, and proportionate criminal sanctions as an ultimum remedium against intentional unlawful commercial distribution. Unlike previous studies that primarily examine the health impacts or criminalization of N₂O misuse, this study identifies the fragmentation of Indonesia’s framework and developes an integrated regulatory model that distinguishes legitimate medical and food-related uses of N₂O from its recreational misuse.
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Bibliographic Information
Cite this article as:
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Submitted
30 June 2026 -
Revised
17 July 2026 -
Accepted
Not available -
Published
11 August 2026


