JAKARTA - The Constitutional Court (MK) asks the government to immediately conduct scientific studies and research on the use of narcotics class I for the benefit of health services or treatment, the results of which can be used to determine policies, including changes to laws.
This was confirmed by the Court in considering the judicial review of Law Number 35 of 2009 concerning Narcotics Law which was proposed by several mothers of people with brain function disorders (cerebral palsy) and non-governmental organizations.
"We need a very comprehensive and in-depth policy that goes through important stages that must begin with scientific research and assessment", said Constitutional Justice, Suhartoyo, when reading out the considerations for the decision which was broadcast online on the YouTube channel of the Indonesian Constitutional Court as reported by ANTARA, Wednesday, July 20.
The absence of scientific studies and research related to the use of narcotics class I for health services or therapy, said Suhartoyo, made the imperative use of narcotics class I only allowed to develop science.
Where these restrictions are carried out because the class I narcotics have the potential to cause very high dependence.
Suhartoyo explained that on the other hand, the Court saw a very urgent need regarding the certainty of whether or not narcotics class I could be used for the benefit of health services or therapy.
"The Court can understand and have a sense of empathy for patients with certain diseases which, according to the petitioners, are 'phenomenal' which can be cured by therapy using class I narcotics", said Suhartoyo.
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Suhartoyo said that studies and research on the use of Narcotics Category I for the benefit of health services or therapy can be carried out by the government or the private sector after obtaining permission from the health minister.
The government together with stakeholders, continued Suhartoyo, must also regulate in detail about anticipating the possibility of the misuse of Narcotics Category I.
In its decision, the Court rejected the application for judicial review of Article 6 paragraph (1) letter a and Article 8 paragraph (1) of the Narcotics Law with Case number 106/PUU-XVIII/2020.
"Reject the petition of the petitioners in their entirety", said Constitutional Justice, Anwar Usman, reading out the verdict.
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