Analisis Putusan Hakim terhadap Penggunaan Narkotika Jenis Ganja untuk Keperluan Medis Di Indonesia (Studi Putusan: No.111/Pid.Sus/2017/PN.Sag)

Abstract

Marijuana is a type of narcotic classified as a Schedule I substance, which, according to several studies, can be used for medical purposes in Indonesia. The use of marijuana for medical purposes can be beneficial in treating certain dangerous diseases. However, the medical use of marijuana has not been legalized for medical purposes in Indonesia. According to Article 8 of Law No. 35 of 2009 on Narcotics, the use of marijuana is explicitly prohibited in Indonesia. This prohibition on the use of marijuana for health purposes is highlighted in a court decision, namely Decision No.111/Pid.Sus/2017/PN.Sag, where a defendant was sentenced for using marijuana as an alternative treatment for his wife, who suffered from syringomyelia. The research focuses on: 1) The legal regulation regarding the use of marijuana as a medical substance in Indonesia, 2) The process for obtaining permission to use marijuana for medical purposes in Indonesia, and 3) The judge’s consideration in applying criminal sanctions to the defendant in Decision No.111/ Pid.Sus/2017/PN.Sag. this thesis uses a normative juridicial research method by analyzing legal priciples through library research. The research is descriptive, and the data analysis method used is qualitative descriptive analysis. The findings of the research on Decision No.111/Pid.Sus/2017/PN.Sag indicate that the judge declared the defendant guilty, despite the fact that the defendant only intended to use marijuana as an alternative treatment for his wife’s illness. Marijuana is still classified as a Schedule I narcotic, which can cause harmful effects if consumed too often. The harmful effects of marijuana use lead to its prohibition for medical purposes in Indonesia, based on Article 8 of Law No.35 of 2009 on Narcotics. In consideration, the judge imposed sanctions aimed at educating the defendant, encouraging him to avoid repeating such actions, and to be more prudent and wise, rather than to cause sufferingto the defendant.