TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI NOMOR 106/PUU-XVIII/2020 TENTANG PENGGUNAAN NARKOTIKA UNTUK KEBUTUHAN MEDIS

Abstract

Whereas according to the Petitioners, the Elucidation of Article 6
paragraph (1) letter a and Article 8 paragraph (1) of Law 35 of 2009 concerning
Narcotics has resulted in the loss of the Petitioners' rights to obtain health
services as stipulated in Article 28H paragraph (1) of the 1945 Constitution
Article 7 paragraph (1) Law Number 35 of 2009, Article 7 stipulates that
narcotics can only be used for the benefit of health services and/or scientific
development knowledge and technology. But in article 8 paragraph 1 of Law
number 35 of 2009.
Regarding this research, it can be classified into the type of normative

legal research related to the Constitutional Court decision number 106/puu-
xviii/2020. From the results of the research problem there are two main things

that can be concluded. First, there is a discrepancy or unconstitutionality because
there is a difference in sound, so a review is needed. Because in Article 7 it is
clear that for health it may be used by any group as long as it is still used
according to doctor's recommendations and according to Health Law number 36
of 2009 concerning health.
Second, the Constitutional Court should not at all close the loophole on
the use of Narcotics Category I, which not only cannabis can be used for the
benefit of health services. The Constitutional Court realizes that for the use of
Narcotics Category I for the benefit of health services it must be supported by the
readiness of facilities and infrastructure as well as supporting scientific evidence,
so that the Government needs to start by conducting comprehensive studies and
research.
Key Words : Decision, Constitutional Court, Narcotics, Medical.