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All Journal Media Hukum Indonesia (MHI)
Rianida, Puja
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Law, Crime, Criminology & Criminal Justice

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Problematika Putusan Mahkamah Konstitusi Nomor 106/Puu-Xviii/2020 Dalam Judicial Riview Undang-Undang Narkotika Terkait Ganja Medis Rianida, Puja; Sianturi, Catherine Rosalina; Amalia, Firda; Putri, Dwi Cinta Wiliananda
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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The Judicial Review Application of the Narcotics Law regarding medical marijuana has raised a major issue in the Constitutional Court Decision Number 106/PUU-XVIII/2020. The decision rejecting the legalization of medical marijuana has caused confusion between the constitutional right to health and efforts to combat drug abuse. This study explores the various problems that arise from the decision, including the lack of sufficient scientific support for the therapeutic benefits of marijuana, obstacles to innovation in the medical field, and regulatory deficiencies that hinder research development and patient access. The rejection by the Constitutional Court also raises discussions about the role of the judiciary in responding to scientific developments, as well as comparisons with policies in other countries that have legalized the use of medical marijuana. This analysis emphasizes the importance of finding a balance between prohibition policies and approaches that respect human rights, as well as the long-term effects of the decision on health and legal policies in Indonesia. This study will discuss How are the judges' considerations in decision number 106/PUUX-VIII/2020 regarding the medical marijuana application? and What is the mechanism for the application in the judicial review of the medical marijuana law
Pelanggaran Kode Etik Hakim Mahkamah Konstitusi dan Implikasinya Terhadap Keabsahan Putusan MK Nomor 90/PUU-XXI/2023 Julius, Tambok; Oktaviani, Eka Putri; Rianida, Puja; Thoriq, Ahmad Reihan; Shakira, Talitha Atha; M, Mulyadi
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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The Constitutional Court (MK) has an important role in maintaining the supremacy of the constitution and ensuring that policies and regulations are in accordance with constitutional principles. As an institution authorized to examine laws, decide disputes between state institutions, and resolve disputes over election results, the Constitutional Court is required to act independently and with integrity. Therefore, MK judges must uphold professional ethics and codes of conduct so that public trust in their decisions is maintained. However, there have been allegations of ethical violations by judges in several cases. The method used in the research is normative juridical with data sources derived from literature review, journals, and legal regulations. The approach applied includes a statutory approach and a case approach. Data collection techniques are carried out through primary data that refers to applicable positive laws, as well as secondary data obtained from journals and other sources. The results obtained in this study are that the supervision mechanism applied by MKMK is tiered and strict, starting from preliminary examination to in-depth investigation, while still upholding the principle of presumption of innocence. Then, the validity of the decision of the Constitutional Court (MK) legally remains valid even though there is a violation of the code of ethics by the judge, as seen in MK Decision Number 90/PUU-XXI/2023 concerning the age limit of presidential candidates. 
Co-Authors Firda Amalia Julius, Tambok Mulyadi M, Mulyadi Oktaviani, Eka Putri Putri, Dwi Cinta Wiliananda Shakira, Talitha Atha Sianturi, Catherine Rosalina Thoriq, Ahmad Reihan