Illegal Medical Plants in Law Philosophy Study

Sumaryanto, Djoko and Permanasari, Lolita and Ngaisah, Siti (2024) Illegal Medical Plants in Law Philosophy Study. Academic Journal of Interdisciplinary Studies, 13 (5). pp. 381-393. ISSN E-ISSN: 2281-4612 /ISSN:2281-3993

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Abstract

Researchers are currently working to develop medications to treat several rare diseases. However, several medications for various rare diseases have been ruled illegal under statutory laws, referencing Court Decision Number 1022/Pid.Sus/2019/Pn.Jkt Utr, which restricts the cultivation of drugs in the form of cannabis to cure a patient of a rare disease. This research examines the use of illegal medicinal plants in the context of philosophy and the significance of legalizing these medications. The normative legal research methodology applies in this research. This research employs both a statutory and a case approach. Following the collection of legal materials, legal materials are processed to determine the suitability of the data with the issues examined. The analysis of legal material yields a conclusion based on inductive thinking. According to this research's findings, the judges in Court Decision Number 1022/Pid.Sus/2019/Pn. Jkt Utr prioritizes legal certainty while continuing to penalize anyone who makes use of cannabis as a medical medium. Originality: This article examines important and controversial topics of narcotics and drug law in Indonesia and provides some interesting perspectives and case studies. Philosophically, the imposition of punishments overlooks the nature of medicinal plants for disease healing. Cannabis or marijuana must be legalized as medication in order to fulfil the right to health of people suffering from rare diseases.

Item Type:	Article
Additional Information:	Academic Journal of Interdisciplinary Studies ISSN 22813993, 22814612 Published Richtmann Publishing Ltd Registered In England and Wales., SJR Q2 (Scopus Q2)
Uncontrolled Keywords:	Court Decision; Crime; Drug Abuse
Subjects:	K Law > K Law (General) > Civil Law K Law > Civil Law K Law > Public
Divisions:	Faculty of Law > Bachelor of Law > Magister of Law Faculty of Law > Magister of Law
Depositing User:	Perpus Ubhara Surabaya
Date Deposited:	14 Oct 2024 02:50
Last Modified:	14 Oct 2024 03:58
URI:	http://eprints.ubhara.ac.id/id/eprint/2723

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