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All Journal Wacana Hukum Brawijaya Law Journal : Journal of Legal Studies El-Mashlahah Journal of Indonesian Legal Studies Jurnal Ilmiah Kebijakan Hukum Jurnal Ilmiah Hukum LEGALITY Jambe Law Journal Indonesian Journal of Advocacy and Legal Services Unnes Law Journal Human Rights in The Global South (HRGS) Indonesian Journal of Advocacy and Legal Services
zaka firma aditya, zaka firma
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Human Rights in The Global South (HRGS)

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The Legalization of Medical Marijuana: A Human Rights Law Perspective Aditya, Zaka Firma; Al Fatih, Sholahuddin
Human Rights in the Global South (HRGS) Vol. 1 No. 2 (2022)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (338.713 KB) | DOI: 10.56784/hrgs.v1i2.36

Abstract

The discourse on legalizing marijuana for medical purposes in Indonesia peaked when legislators discussed the draft law on the narcotics law amendment. Efforts to legalize marijuana for medical purposes have also been pursued by testing the narcotics law. However, through decision number 106/PUU-XVII/2020, the Constitutional Court prohibited medical marijuana as a medical treatment. From the Human Rights perspective, everyone has the right to life and health. Therefore, in society's logic, the prohibition of using marijuana for medical treatment is the same as forbidding sick people to stay alive. It means that the state has failed to guarantee its citizens' lives. But on the other hand, several countries legalized medical marijuana, such as Thailand, Turkey, Lebanon, Netherlands, and Spain. So, why is Indonesia still banning the use of medical marijuana? This research tries to find the legal reasoning of Indonesia's government in the medical marijuana case. These problems were then analyzed using the prescriptive method with a comparative approach to finding new concepts related to legalizing medical marijuana in Indonesia. This study indicates that medical marijuana may be legal in the future of Indonesia's regime. It demonstrates by Indonesian Ulema Council and the Ministry of Health's political wills. The research recommendations are to provide proper education about medical marijuana and the prospect of legalization in the future.
Co-Authors Al Fatih, Sholahuddin Fuadi, Abdul Basid Muhammad Nur Sholahuddin Al-Fatih Winata, Muhammad Reza