The Petitioners’ attorney Erasmus Abraham explaining the petition’s subject matter virtually at the preliminary hearing of the Narcotics Law, Wednesday (16/12/2020) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.
JAKARTA, Public Relations of the Constitutional Court—Harvard Health Publishing mentioned that several studies looked into the medical benefits of cannabis for patients, such as to treat epilepsy. In the U.S., 35 states have legalized cannabis for medical use. However, it remains a type I narcotics pursuant to the elucidation to Article 6 paragraph (1) letter a and Article 8 paragraph (1) of Law No. 35 of 2009 on Narcotics, whose use is subject to criminal sanctions.
This led several mothers of cerebral palsy patients and civil society organizations to file a material judicial review petition of the elucidation to those articles. The preliminary hearing of case No. 106/PUU-XVIII/2020 took place on Wednesday, December 16, 2020 at the plenary courtroom. The Petitioners are Dwi Pertiwi, Santi Warastuti, Nafiah Murhayanti, Perkumpulan Rumah Cemara, the Institute for Criminal Justice Reform (ICJR), and the Community Legal Aid Institute (LBHM) (Petitioners I-VI).
At the hearing chaired by Constitutional Justice Suhartoyo, the Petitioners’ attorney Erasmus Abraham explained the three individual petitioners are mothers of cerebral palsy patients. Dwi Pertiwi have given her child cannabis oil in a therapy in Victoria, Australia in 2016. She couldn’t continue with the therapy in Indonesia due to the a quo norm. This was also true of the other two petitioners. “The prohibition has clearly kept the child of Petitioner I from receiving medicine that can improve the health and quality of life,” Erasmus said.
Meanwhile, Perkumpulan Rumah Cemara, ICJR, and LBHM are nonprofit organizations formed to give society access to healthcare. Ma’ruf, the attorney of these petitioners, said the elucidation to Article 6 paragraph (1) letter a and Article 8 paragraph (1) of the Narcotics Law has led to the loss of the Petitioners’ right to health services as regulated in Article 28H paragraph (1) of the 1945 Constitution. He said such right had been adopted in Article 4 letter a of the Narcotics Law, which states that the law serves to guarantee the availability of narcotics for the interest of health services and/or development of science and technology. This article that regulates the sole legal use of narcotics means narcotics use can be legal and is inseparable from the right to health services guaranteed by the Constitution.
Ma’ruf also said Article 8 paragraph (2) of the Narcotics Law allow opportunities for research on type I narcotics. The article reads, “In limited amount, Type I Narcotics may be consumed for the interest of science and technology development and for diagnostic reagent, and laboratory reagent after obtaining the approval of the Minister upon the recommendation of the Head of the National Agency of Drug and Food Control.” However, the elucidation to Article 6 paragraph (1) letter a and Article 8 paragraph (1) of the Narcotics Law has eliminated the Petitioners’ right to enjoy the benefits of science and technology development in the form of research results on the health benefits of type I narcotics.
Therefore, in their petitum, the Petitioners requested that the Court declare the elucidation to Article 6 paragraph (1) letter a of Law No. 35 of 2009 on Narcotics in violation of Article 28C paragraph (1) and Article 28H paragraph (1) of the 1945 Constitution insofar as not interpreted as “In this provision, ‘Type I Narcotics’ are narcotics that may be consumed for the interest of science development and health services and/or therapy, and have a very high potential to cause dependency.”
Justices’ Advice
Constitutional Justice Enny Nurbaningsih advised the Petitioners to revise the Constitutional Court’s authority and to elaborate on their factual or potential constitutional impairment. Meanwhile, Constitutional Justice Daniel Yusmic P. Foekh advised them to elaborate on their legal standing and review the petitum.
Before concluding the hearing, Constitutional Justice Suhartoyo informed that the Petitioners were to submit the revision by Tuesday, December 29, 2020 at 11:00 WIB.
Writer: Utami Argawati
Editor: Lulu Anjarsari
PR: M. Halim
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 12/17/2020 20:45 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.