Legislation Of Marijuana Regulation In The Reform Of The Criminal Legal System In Indonesia Based On Law Number 1 Of 2023

Abstract

This study shows that there are no specific provisions regarding cannabis for medical purposes in Law Number 1 of 2023 concerning the Criminal Code. This situation strengthens the validity of Article 8 paragraph (1) of Law Number 35 of 2009 concerning Narcotics as the legal basis for prohibiting the use of Class I narcotics, including cannabis, for medical purposes. Furthermore, Law Number 17 of 2023 concerning Health also does not explicitly regulate the use of cannabis for medical purposes, but instead delegates this authority to Law Number 35 of 2009 concerning Narcotics. In fact, Law Number 17 of 2023, as the basic norm for health care in Indonesia, should serve as the primary reference for other regulations based on health aspects. Thus, it can be concluded that there is no synchronization and alignment of regulatory direction between Law Number 17 of 2023 concerning Health and Law Number 35 of 2009 concerning Narcotics. Similarly, Law Number 1 of 2023 concerning the Criminal Code, as the lex generalis in substantive criminal law, has the potential to eliminate or adjust the prohibition on the use of Class I narcotics, particularly marijuana for medical purposes, as stipulated in Article 8 paragraph (1) of Law Number 35 of 2009. Based on the principle of lex posterior derogat legi priori, whereby a new law overrides an older law, Law Number 1 of 2023 concerning the Criminal Code should be able to adjust this provision. The recommendation is for lawmakers to revise Article 611 of Law Number 1 of 2023 concerning the Criminal Code, taking into account the possibility of limited and controlled use of Class I narcotics for healthcare purposes, in line with medical needs and scientific developments.