Illegal Medical Plants in Law Philosophy Study

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.

Received: 5 April 2024 / Accepted: 18 June 2024 / Published: 05 September 2024