RELEVANSI LARANGAN GANJA DI INDONESIA DITINJAU DARI MANFAAT MEDIS DAN PRINSIP HUKUM KESEHATAN

Abstract

This study examines the relevance of the cannabis ban in Indonesia amidst growing scientific evidence and comparative studies, based on the burden of drug abuse and the legal status that places cannabis in Schedule I, thus precluding therapeutic use. The study aims to explain the basis and design of the ban within narcotics law and the healthcare regime, map scientific findings on potential medical benefits, and then assess its compliance with health law principles, including the right to health and patient safety. The method used is normative juridical, with a legislative approach and a case study approach, supported by document review and analysis to link clinical data to the legal framework. The results show that the prohibition framework is consistent and interlocking, while verifiable clinical evidence demonstrates limited but significant benefits in refractory epilepsy, certain chronic pain, and chemotherapy-induced nausea and vomiting, with risk profiles that require strict oversight. The Constitutional Court ruling affirms the validity of the ban and mandates that research be conducted as a prerequisite for policy evaluation. In conclusion, the ban is best understood as a transitional policy that must be followed by a research roadmap, clinical standards, and a narrow and measurable legal access scheme to ensure policy proportionality and protect the right to health.