TINJAUAN HUKUM PIDANA TERHADAP PERMENKES NOMOR 44 TAHUN 2019 PERIHAL GANJA SEBAGAI NARKOTIKA GOLONGAN I

Silalahi, Lundu Amazia Josua (2021) TINJAUAN HUKUM PIDANA TERHADAP PERMENKES NOMOR 44 TAHUN 2019 PERIHAL GANJA SEBAGAI NARKOTIKA GOLONGAN I. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Narcotics are drugs, substances or materials that are useful in the field of health, health services, and scientific development, but on the other hand narcotics are often misused. This misused of narcotics is a criminal offense for anyone who consumes, produces or distributes illegally without any provision from the authorities. Thesis entitled Criminal Law Review of Permenkes Number 44 Year 2019 Regarding Cannabis as Narcotics Category I, the purpose of this paper research is to search for data and analyze how Indonesia's legal views on changes to the provisions of the 1961 Single Convention on Narcotics which were ratified by Indonesian law in Permenkes number 44 of 2019 regarding marijuana which is a narcotic group 1. The methodology in this research used a normative method, which is based on legal norms, legal rules, legal theory, and legal opinions. To make conclusions, the author uses the deductive method. Permenkes Number 44 of 2019 concerning Changes in the Classification of Narcotics must be revised or replaced with a new Permenkes by moving cannabis from group I narcotics to group II.the transfer from group I to group II is because marijuana has been proven to have health benefits but cannot be classified as category III because marijuana has a high potential to be misused/abused so it needs strict strict regulation and supervision. The fact that marijuana has benefits is strengthened by the entry of marijuana as a medicinal plant under the guidance of the Ministry of Agriculture, with the provisions of the Decree of the Minister of Agriculture of the Republic of Indonesia Number 104/ KPTS / HK.140 / M / 2/2020 concerning Commodities Assisted by the Ministry of Agriculture.

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