The Role of International Law in Shaping National Policy

Oct 13, 2025 by wbrum.org 132 views

Criminal Law Policy for Narcotics Users Group I (Ganja) for Medical Purposes in Terms of International Law Related to the Use of Cannabis for Treatment

The use of cannabis, classified as a Narcotics Group I substance, has been a topic of controversy, particularly in the context of its legality in the medical field. While some countries have begun to consider the legalization of cannabis for health purposes, regulation and state policies often hinder access and use. In the context of Indonesian law, this study aims to analyze national and international legal policies related to the use of medical cannabis, as well as its implications in decision number 111/Pid.Sus/2017/PN Sanggau.

National and International Legal Policy: A Comparative Analysis

Narcotics law in Indonesia, particularly through Law Number 35 Year 2009, explicitly prohibits the use of cannabis for all purposes, including medical. Although there are provisions in Law Number 36 of 2009 concerning Health that provide a little space for recommendations and supervision, the practice continues to face significant challenges. In the decision number 111/Pid.Sus/2017/PN Sanggau, it was stated that although there was an application for the use of cannabis in the health context, the court still rejected the request based on existing laws.

On the other hand, international law, through the Single Convention on Narcotics in 1961, provides space for research and use of cannabis in the medical field. This convention, despite regulating the use of narcotics strictly, stated that research on the medical benefits of narcotics materials needs to be encouraged. This shows the potential for a shift in the approach to the use of cannabis, if supported by valid and transparent research.

Legal Policy Analysis and Implications: A Critical Examination

The court's rejection of the use of cannabis for medical purposes in the decision reflects the legal uncertainty in Indonesia. Although there are recommendations from the Health Law, decisions that do not give permission show that many aspects of national law are still rigid and conservative. On the other hand, the increase in global revenue on the use of medical cannabis creates pressure for legal reform at the national level.

Narcotics legal policies in Indonesia need to be reconsidered, especially in the context of global development which increasingly recognizes the medical benefits of cannabis. Research conducted by various health and academic institutions shows that marijuana can play a role in overcoming several medical conditions, such as chronic pain, mental disorders, and symptoms of terminal diseases. Thus, the government must take proactive steps to revise the policy and consider the legalization of cannabis for medical purposes.

The Role of International Law in Shaping National Policy

International law has played a significant role in shaping national policy on the use of cannabis for medical purposes. The Single Convention on Narcotics in 1961 provides a framework for the regulation of narcotics, including cannabis. This convention encourages research on the medical benefits of narcotics materials, which has led to a shift in the approach to the use of cannabis in many countries.

The United Nations Office on Drugs and Crime (UNODC) has also played a crucial role in promoting the use of cannabis for medical purposes. The UNODC has conducted research on the medical benefits of cannabis and has provided guidance on the regulation of cannabis for medical purposes. This research and guidance have helped to inform national policy on the use of cannabis for medical purposes.

The Need for a Holistic Approach to Narcotics Policy

Narcotics policy in Indonesia needs to be reconsidered, especially in the context of global development which increasingly recognizes the medical benefits of cannabis. A holistic approach to narcotics policy is needed, one that takes into account the medical benefits of cannabis and the need for regulation and control.

This approach should involve the active involvement of the government, health professionals, and academic institutions. The government should take proactive steps to revise the policy and consider the legalization of cannabis for medical purposes. Health professionals should be involved in the development of guidelines for the use of cannabis for medical purposes, and academic institutions should conduct research on the medical benefits of cannabis.

Conclusion: A New Approach to Narcotics Policy

Criminal law policies related to class I narcotics users, especially cannabis for medical purposes, require a more holistic approach and based on evidence. Although currently the legality of its use is still in doubt in the Indonesian legal framework, there is an opportunity to change this view by referring to scientific research and practices that develop in other countries. The active involvement of the government in formulating a more flexible policy will be the key in ensuring that individuals who need cannabis-based treatment can gain legal and safe access.

Recommendations for Future Research

Conduct further research on the medical benefits of cannabis and its potential uses in the treatment of various medical conditions.
Develop guidelines for the use of cannabis for medical purposes, taking into account the need for regulation and control.
Involve health professionals and academic institutions in the development of narcotics policy.
Consider the legalization of cannabis for medical purposes, taking into account the need for regulation and control.

By following these recommendations, Indonesia can take a more proactive approach to narcotics policy and ensure that individuals who need cannabis-based treatment can gain legal and safe access.
Frequently Asked Questions (FAQs) on Criminal Law Policy for Narcotics Users Group I (Ganja) for Medical Purposes

As the use of cannabis for medical purposes continues to gain attention, many people have questions about the criminal law policy in Indonesia. Here are some frequently asked questions and answers:

Q: What is the current law on cannabis in Indonesia?

A: The current law on cannabis in Indonesia is Law Number 35 Year 2009, which explicitly prohibits the use of cannabis for all purposes, including medical.

Q: Is it possible to use cannabis for medical purposes in Indonesia?

A: While there are provisions in Law Number 36 of 2009 concerning Health that provide a little space for recommendations and supervision, the practice continues to face significant challenges. In the decision number 111/Pid.Sus/2017/PN Sanggau, it was stated that although there was an application for the use of cannabis in the health context, the court still rejected the request based on existing laws.

Q: What is the role of international law in shaping national policy on cannabis?

A: International law, through the Single Convention on Narcotics in 1961, provides space for research and use of cannabis in the medical field. This convention encourages research on the medical benefits of narcotics materials, which has led to a shift in the approach to the use of cannabis in many countries.

Q: What are the benefits of using cannabis for medical purposes?

A: Research conducted by various health and academic institutions shows that marijuana can play a role in overcoming several medical conditions, such as chronic pain, mental disorders, and symptoms of terminal diseases.

Q: Is it safe to use cannabis for medical purposes?

A: While cannabis can be beneficial for medical purposes, it is essential to use it under the guidance of a healthcare professional. The use of cannabis can have side effects, and it is crucial to monitor its use and adjust the dosage as needed.

Q: What are the potential risks of using cannabis for medical purposes?

A: The potential risks of using cannabis for medical purposes include addiction, cognitive impairment, and increased heart rate. It is essential to weigh the benefits and risks of using cannabis for medical purposes and to use it under the guidance of a healthcare professional.

Q: Can I grow my own cannabis for medical purposes?

A: In Indonesia, growing cannabis for medical purposes is not explicitly allowed. However, there are some provisions in Law Number 36 of 2009 concerning Health that provide a little space for recommendations and supervision. It is essential to consult with a healthcare professional and follow the guidelines set by the government.

Q: Can I import cannabis for medical purposes?

A: Importing cannabis for medical purposes is subject to strict regulations and requires a permit from the government. It is essential to follow the guidelines set by the government and to consult with a healthcare professional.

Q: What are the next steps for Indonesia in terms of cannabis policy?

A: The government of Indonesia needs to take proactive steps to revise the policy and consider the legalization of cannabis for medical purposes. This should involve the active involvement of the government, health professionals, and academic institutions.

Q: How can I get involved in the discussion on cannabis policy in Indonesia?

A: You can get involved in the discussion on cannabis policy in Indonesia by attending public forums, joining online discussions, and contacting your local government representatives. You can also support organizations that advocate for the use of cannabis for medical purposes.

By staying informed and getting involved in the discussion, you can help shape the future of cannabis policy in Indonesia.