CD Skripsi

Tinjauan Yuridis Putusan Mahkamah Konstitusi Nomor 106/Puu-Xviii/2020 Tentang Penggunaan Narkotika Untuk Kebutuhan Medis

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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 which reads "narcotics can only be used for the benefit of health services and/or the development of science and technology" 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 concerning narcotics it stipulates that: "narcotics class 1 are prohibited from being used for the benefit of health services". This means that only narcotics class II and III can be used for medical purposes.
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. Then use data sources from primary, secondary and tertiary legal materials by conducting literature studies in collecting data and using qualitative analysis methods in processing data and drawing conclusions.
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. However, the judges of the Constitutional Court did not consider the different articles in articles 7 and 8 of Law number 35 of 2009, so the authors assume that class 1 narcotics should be allowed to be used for health. 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

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1909155262

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Tata Negara., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1909155262

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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