Abdul MADJID
Brawijaya University, Malang, Indonesia

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The Legalization Of Medical Cannabis: A Comparative Approach Of The Thai Narcotics Act B.E.2522 (1979) Eviera Riza INDRIANI; Abdul MADJID
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.262

Abstract

Based on Appendix I, point 8 of Law no. 35 of 2009 concerning Narcotics, Cannabis is classified as Schedule I narcotics. Referring to Article 7 of Law 3 of 2009, narcotics other than Schedule I can be used to benefit health services and the development of science and technology. Meanwhile, narcotics from Schedule I can only be used to develop science and technology. Thus, Cannabis can only be used for the development of science and technology with the permission of the Minister of Health and the recommendation of the Head of the National Agency of Drug and Food Control (BPOM). This study compares favorable laws regarding narcotics, especially Cannabis, which is regulated in the law of Indonesia and Thailand. This study also explores the regulation of Cannabis as an alternative in the future in Indonesia. In normative law research, statutory and comparative approaches compare the Narcotics Laws in Indonesia and Thailand. Cannabis is not included in the Narcotics class that can be used for health since it is classified as Schedule I. On the official website of the Royal Gazette, it was announced that Thailand had legalized the use of Cannabis as a medical alternative. It will be legalized 120 days after the announcement is made.
The Urgence Of The Control Mechanism Of Authority The Prosecutor General In Waiting The Case For Public Interest (Seponeering) Apriyanto NUSA; I Nyoman NURJAYA; Abdul MADJID; Bambang SUGIRI
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 2 (2022): International Journal of Environmental, Sustainability, and Social Science (Jul
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i2.294

Abstract

The urgency of the control mechanism over the Attorney General's authority in overriding cases in the public interest (seponeering) is a manifestation of obtaining protection of human rights for every citizen who is harmed by the issuance of seponeering by the Attorney General. Apart from these reasons, the importance of controlling the authority of the Attorney General is also to create the principles of justice and legal certainty. Legal practices that often occur in the judicial process show stagnation in realizing these three things, both the protection of human rights (HAM), justice and legal certainty. Whereas the spirit of forming the Criminal Procedure Code which was promulgated based on Law Number 8 of 1981 laid the basic foundation for the protection of human rights (HAM) as the main goal, which includes upholding justice and legal certainty. There is stagnation in the effort to control the seponeering issued by the Attorney General, because there are juridical limitations in the pretrial object institution as stated in the Elucidation of Article 77 of Law Number 8 of 1981 concerning the Criminal Procedure Code which states that: with "discontinuation of prosecution" does not include setting aside cases for the public interest which are the authority of the Attorney General.