The Constitutional Court Explains Why It Rejects The Legalization Of Medical Cannabis

Constitutional Court/Photo: Antara

JAKARTA - The Constitutional Court (MK) has stated that it is necessary to prepare the legal structure and culture of the community, as well as facilities and infrastructure for the use of narcotics class I for health services or treatment in Indonesia.

"The use of class I narcotics in Indonesia must be measured by the readiness of the elements as described above, even though there is a possibility of urgency to use them", said Constitutional Justice, Daniel Yusmic P Foekh, when reading the consideration of the decision which was broadcast online on the YouTube channel of the Indonesian Constitutional Court, Jakarta, Wednesday, July 20.

The Constitutional Court in its decision on 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.

Daniel said that this readiness was needed to anticipate the consequences that might arise from the use of narcotics class I for health services or treatment in Indonesia, considering that narcotics class I can cause very high dependence and harm if misused without control and supervision.

Although the use of narcotics in several other countries has been used legally and legally as part of health services, said Daniel, this legal fact does not necessarily become a parameter for the use of narcotics for health services in all countries, including Indonesia.

"This is due to the existence of different characters, both the type of narcotic substance, structure and culture, the law of the people of the country concerned, including the facilities and infrastructure needed", said Daniel.

Constitutional Justice Suhartoyo also said that the Court asked the government to immediately conduct scientific studies and research on Narcotics Category I for the benefit of health services or treatment, the results of which can be used to determine policies, including changes to laws.

He said the study and research on the use of Narcotics Category I for the benefit of health services or therapy could be carried out by the government or the private sector after obtaining permission from the Minister of Health.

In its decision, the Court rejected the application for judicial review of the explanation of Article 6 paragraph (1) letter a and Article 8 paragraph (1) of Law Number 35 of 2009 concerning Narcotics (Narcotics Law) against the 1945 Constitution submitted by Dwi Pertiwi, Santi Warastuti, Nafiah Murhayanti, the Cemara House Association, the Institute for Criminal Justice Reform (ICJR) and the Community Legal Aid Institute or Community Legal Aid Institute (LBHM), with attorney Erasmus A. T. Napitupulu.