COMPARATIVE ANALYSIS OF NARCOTICS REGULATIONS INTENDED FOR HEALTHCARE SERVICES IN INDONESIA AND THAILAND

Roiyah Ulfa Siregar (Universitas Muhammadiyah Sumatera Barat)

Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Vol. 6 No. 5 (2026): Multidiciplinary Output Research For Actual and International Issue

Narcotics possess a dual nature: they are beneficial for healthcare services yet carry a high risk of dependency if misused. Under Law Number 35 of 2009 concerning Narcotics, marijuana is classified as a Schedule I narcotic in Indonesia, meaning it cannot be used for medical purposes. In contrast, Thailand’s Narcotics Code B.E. 2564 (2021) mandates a strict licensing and oversight system for the use of medical marijuana. This regulatory rigidity in Indonesia has led to several humanitarian tragedies, as exemplified by the cases of Fidelis Arie Sudewarto and Pika Sasikirana. This study examines narcotics regulations in Indonesia and Thailand regarding their use in healthcare. It employs statutory, case-based, and comparative approaches. The findings reveal that while both nations prioritize narcotics eradication within their national criminal justice systems and utilize narcotics classification frameworks, they differ sharply in their legal stance on medical marijuana. Thailand demonstrates that the legalization of medical marijuana is feasible without compromising state oversight efforts. The study recommends an evaluation of Article 6, paragraph (1) of the 2009 Narcotics Law as a step toward evidence-based criminal law reform.