Criminal Enforcement to Marijuana Users for Medical Interest with Law Number 35 Year 2009 on Narcotics

Radius Akbar, Dini Dewi Heniarti

Abstract


Indonesia is legal state, all behavior its citizens should be based on law as terta in article 1 point 3 the constitution basic 1945. One of their rights that is entitled life prosperous reveal and , in realizing prosperous society just and prosperous the spreading material and spiritual based on pancasila and the constitution of the republic of indonesia of 1945 , the quality of human resources indonesia as one of capital national development need to kept and be increased continuously , including degrees his health then the state make a the constitution on narcotics that protects its citizens from danger narcotic , to keep the right of citizens to will get kesahatan decent and no ill effects of narcotics so and he made the constitution no 35 years 2009 on narcotics when the broke regulation would dikanakan in the form of both criminal sanctions , administrative and or rehabilitation . From this case appear a identification problems which are how legislation set a user of hashish for medical needs , how accountability a user of hashish for medical needs.The method of this final paper is an analytic approach descriptive by using the method of juridical law Jerusalem the normative approach or research primary, using data sources skunder, and tertiary.From the study inconclusive: first as follows, legislation in indonesia about the use of marijuana for medical needs have not happen because written on article 8 act number 35 years 2009 about drugs, and take use marijuana for the benefit of health not in line with legal theories mochtar development kusumatmaja said law is a means of national development in the practice is someone who recover by hemp plant it should they provide on the development of health. Both , criminal a user of hashish for medical needs that internet users marijuana for medical needs not be liable that did not meet all of the accountability stamped is the elements indulgence and kesengajaannya different with intent safety narcotics law the fight against drugs abuse .

References


Sumber buku:

Andrisman, Tri. Asas-Asas dan Aturan Umum Hukum Pidana Indonesia. Universitas Lampung. Bandar Lampung. 2009 Hal. 95

Dantovski Peter.kriminalisasi ganja. Kompas Gramedia Group, Jakarta: 2013, hlm 38

Roeslan Saleh. Pikiran-pikiran Tentang Pertanggungjawaban Pidana. Ghalia Indonesia, Jakarta: 1982. Hal. 75-76

Peraturan Perundang-undangan:

Undang Undang dasar republik Indonesia tahun 1945 amademen ke-4

Undang undang no 35 tahun 2009 tentang Narkotika

https://tirto.id/jalan-berliku-legalisasi-ganja-untuk-medis-8K7 di unduh pada pukul 2.24 wib pada tanggal 18 juli

tim lgn, penggunaan ganja untuk mengobati kankerhttp://www.lgn.or.id/amerika-mengakui-penggunaan-ganja-untuk-mengobati-kanker/


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