Constitutional Justice M. Guntur Hamzah chairing the panel at a material judicial review hearing for case No. 13/PUU-XXII/2024 on the Ratification of the Single Convention on Narcotic Drugs, 1961 and the Protocol that Amends It, Monday (2/12/2024). Photo by MKRI/Fauzan.
JAKARTA (MKRI) — Pipit Sri Hartanti and Supardi have filed a judicial review petition of Law No. 8 of 1976 on the Ratification of the Single Convention on Narcotic Drugs, 1961 and the Protocol that Amends It to the Constitutional Court (MK). They are parents to Shita Aske Paramitha, who has cerebral palsy since childhood. The preliminary hearing for case No. 13/PUU-XXII/2024 took place on Monday, February 12, 2024 in one of the Court’s panel courtrooms, with Constitutional Justices M. Guntur Hamzah (panel chair), Daniel Yusmic P. Foekh, and Ridwan Mansyur presiding.
The Petitioners challenge Article 1 paragraph (2) of Law No. 8 of 1976, which reads, “The Protocol amending the Single Convention on Narcotic Drugs, 1961, copies of which are attached to this law” and paragraphs 7 and 8 of the Narcotics Law. They believe those norms are in violation of Article 28C paragraph (1), Article 28D paragraph (1), and Article 28H paragraphs (1) and (2) of the 1945 Constitution.
Legal counsel Tomi Gumilang stated that the Petitioners had made a lot of efforts for their children’s recovery. A lot of research trials found that oil extracted from cannabis with cannabidiol and THC content is effective in treating children suffering from complex motor disorders. In short, the use of medical cannabis can reduce the impact of dystonia and seizures as well as improve motor function and quality of life.
However, Indonesia classifies marijuana and its derivatives as Class I narcotics or dangerous substances in Law No. 35 of 2009 on Narcotics. In their petition, the Petitioners argue that the classification of narcotic substances is the right of every state as long as it is done with good intentions for the development of health services and the State can control substances by ensuring distribution licenses in accordance with their designation. The State has full authority over changes to the class or its determination by reviewing the objectives of the Convention and laws therein, including in Indonesia. The classification of these substances should not subjugate to politics and geopolitics at the time the 1961 Single Convention was formed, but should be seen as an urgent need for health services in Indonesia today. This is in order to ensure the fulfillment of the needs of drugs that fall into Class I as well as the State’s independence for better health services.
“The Petitioners request that the Court declare the material content of Article 1 paragraph (2) along with its elucidation and of paragraphs 7 and 8 of Law No. 8 of 1976 on the Ratification of the Single Convention on Narcotics, 1961 and the Protocol that Amends It along the phrase ‘The Protocol amending the Single Convention on Narcotic Drugs, 1961' unconstitutional and not legally binding as long as it is not interpreted as ‘The Protocol amending the Single Convention on Narcotic Drugs up to protocol of the 63rd session including the Commission on Narcotic Drugs’ 63 session in Vienna, March 2-6, 2020, which uses document E/CN.7/2020/CRP.9,’” said Singgih, who attended the hearing remotely.
Justices’ Advice
In response, Constitutional Justice Daniel Yusmic P. Foekh advised the Petitioners to elaborate the touchstones and the constitutional impairment due to the articles being petitioned. He also asked them to compare the implementation of international conventions in other countries.
Meanwhile, Constitutional Justice M. Guntur Hamzah emphasized that the Petitioners’ challenge of the “considering” part could harm the law’s construction. “What is the meaning of the petitum? Please explain more so it wouldn’t be obscure. [If you don’t], the Court may judge [the petition] obscure since the petitum is confusing,” he said.
Before adjourning the hearing, Justice Guntur announced that the Petitioners would have 14 days to revise the petition and submit it to the Registrar’s Office by Monday, February 26, 2024 at 09:00 WIB.
Author : Sri Pujianti
Editor : Lulu Anjarsari P.
PR : Andhini S. F.
Translator : Yuniar Widiastuti (NL)
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.
Monday, February 12, 2024 | 17:58 WIB 197