Edition 9: Indonesia Rejects Calls to Legalize Medical Marijuana
Indonesia Rejects Calls to Legalize Medical Marijuana
Source: Wesley Gibbs/Unsplash
Last Wednesday, July 20th 2022, the Indonesian Constitutional Court dismissed a judicial review of the nation's drug laws that would have made it possible to legalize marijuana for medical purposes.
The Constitutional Court rejected the judicial review of Articles 6(1a) and 8(1) of the Narcotics Law (UU No. 35/2009 tentang Narkotika) in Case No. 106/PUU-XVIII/2020 on the use of medical marijuana. The law still lists marijuana as a ‘type-1 narcotic’ along with 65 other drugs including opium, methamphetamines, and cocaine, thus forbidding the use of cannabis consumption even for medical purposes.
Back in 2020, three mothers with children suffering from cerebral palsy, were supported by civil society organizations to request a judicial review of Indonesia’s drug laws, asking that medical marijuana be allowed to relieve her children’s symptoms. Research has suggested the effectiveness of cannabis to treat certain diseases.
The judges immediately urged the government to conduct extensive scientific research regarding the use of marijuana for health treatments to further determine national policies and laws. Justice Suhartoyo of the Constitutional Court stated, “a very comprehensive and in-depth policy is necessary by going through important stages that must begin with scientific research and assessment.”
In response to that, Santi Warastuti, one of the mothers whose child has cerebral palsy, stated that "research to turn medical marijuana into therapeutics will take a while, whereas we as parents of children with special needs are racing against time."
The plaintiffs had asserted that it was a constitutional infraction to forbid the use of drugs for medical purposes since it interfered with the citizen’s rights to access benefits from the advancements of science and technology.
In his ruling on Wednesday that rejected the judicial review request, Justice Anwar Usman stated that a change in the existing categorization of narcotics would be needed to allow medical marijuana to be accessible in Indonesia.
This would involve an amendment by the People’s Representative Council (DPR) to Article 6(1a) and 8(1) of the Narcotics Law which prohibits the use of marijuana through its classification as a ‘type-1 narcotic’.
Marijuana is currently classified as one of the most addictive drugs in Indonesia, making its use outside of study purposes illegal. Amending its classification may be the first step toward legalizing medical marijuana in Indonesia, where drug trafficking is punishable by death.
Perhaps a show of the government’s commitment to drug reform, Vice President Ma’ruf Amin requested for the Indonesian Council of Ulema (MUI) to issue an Islamic ruling (fatwa) regarding the permissibility of medical marijuana under Islamic law.
It will still take several more years of research and consideration until Indonesia can follow the footsteps of Thailand, which was the first ever Southeast Asian nation that decriminalized marijuana back in 2018.
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What Is Up, Indonesia?
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Although we haven’t covered it, Citayam Fashion Week has been in the news lately. The stories, though, are not about all the fabulous fits on show, but rather the youth who have flocked from Jakarta’s suburbs to socialize around the area. The reading this week is a fascinating op-ed that dives into the relationship between class and space to understand the media-bashing of youth that has occurred.
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Before, Now & Then (Movie, Directed by Kamila Andini)
This movie by award winning director Kamila Andini has become a cult favorite, attracting favorable reviews throughout its round of screenings at international film festivals. A story of West Javanese woman in a loveless second marriage during the 1960 anti-communist political upheaval, this movie is a must watch not only for the scandalous plot, but also for the beautiful cinematography.
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