Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)

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Criminal Policy Reform of Cannabis use for Medical Purposes in Indonesia Based on the Consideration of the Single Convention on Narcotics 1961

Authors
Alfredo Risano1, *, Ayu Dian Ningtias1
1Law Doctoral Program Airlangga University, Surabaya, Indonesia
*Corresponding author. Email: alfredo.risano@gmail.com
Corresponding Author
Alfredo Risano
Available Online 29 December 2022.
DOI
10.2991/978-2-494069-49-7_140How to use a DOI?
Keywords
Criminal Policy; Reform; Cannabis, Narcotics
Abstract

All international agreements ratified by the Government of Indonesia and ratified by laws of ratification or ratification must be transformed into transformation laws so that they can be applied in court because judges are not bound by international agreements made by the Executive agency but by legal regulations made by the agency. Legislature in accordance with the theory of separation of powers based on function, it is time for the Government of Indonesia to review its narcotics policy on the basis of the benefits and health rights of its citizens. Based on the results of the UN voting, it can be used as medical legitimacy that must be followed by member countries including Indonesia which always refers to the provisions of the 1961 Single Narcotics Convention. With the ratification of the 1961 Single Convention on Narcotics, including the Amendment Protocol that permits the research and use of medical marijuana, and a list of drug categories that may be amended by Regulation of the Minister of Health. From this point of view, it can be said that the actual politics of medical marijuana law is not that difficult. Provisions that allow changes to class I drugs in the list of the Narcotics Law are good legal political evidence that can support research and use of medical marijuana.

Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
29 December 2022
ISBN
10.2991/978-2-494069-49-7_140
ISSN
2352-5398
DOI
10.2991/978-2-494069-49-7_140How to use a DOI?
Copyright
© 2023 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Alfredo Risano
AU  - Ayu Dian Ningtias
PY  - 2022
DA  - 2022/12/29
TI  - Criminal Policy Reform of Cannabis use for Medical Purposes in Indonesia Based on the Consideration of the Single Convention on Narcotics 1961
BT  - Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)
PB  - Atlantis Press
SP  - 828
EP  - 833
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-49-7_140
DO  - 10.2991/978-2-494069-49-7_140
ID  - Risano2022
ER  -