Volume 5 Number 1, February 2023: Pp.

1-9
Faculty of Law, State University of Gorontalo, City of Gorontalo, Indonesia
https://ejurnal.ung.ac.id/index.php/eslaw/index

Judge's Legal Considerations on Marijuana

Utilization for Medical Purposes

Ayad Abiyyu1, Moh. Rusdiyanto U. Puluhulawa2,Lisnawaty W. Badu3

123
Faculty of Law, State University of Gorontalo, Indonesia.
Correspondence: E-mail:ayadabiyyu00@gmail.com

Abstract: The purpose of this research was to find out what the judges considered for decision No.
83/Pid.Sus/2020/PN KPG regarding the use of cannabis for medicinal purposes and then linked to
article 48 of the Criminal Code. The type of research used in research is normative research or carried out
through literature studies with legal sources in the form of laws and regulations, court decisions, legal
theory, books, articles, and other sources related to the issues raised. The results of this study indicate
that the panel of judges in imposing a verdict on the defendant in decision no. 83/Pid.Sus/2020/PN Kpg
should place criminal sanctions as a last resort as meant by the ultimum remedium principle, so that the
panel of judges should be able to see other alternatives that are more needed by the defendant.

Keywords:Compulsion, Medical Marijuana, Crime.

How to cite (Chicago Style):

Abiyyu, A., Puluhulawa, M.R.U., Badu, L.W. 2023."Legal Considerations of Judges on Marijuana
Utilization for Medical Purposes, Estudiente Law Journal 4, no. 2 (February 15, 2023): 1-9 Doi:
10.33756/eslaj.v%vi%i.19228
@2023, Abiyyu, A., Puluhulawa, M.R.U., Badu, L.W.
Under the license CC BY-SA 4

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1. Introduction
One of the mandates of the Opening of the 1945 Constitution of the Republic of
Indonesia as the modus vivendi (noble agreement) for the formation of the Indonesian
state in the fourth paragraph states that one of the goals of the state is "to protect the
entire Indonesian nation", this has provided a bridge to the existence of holistic and
comprehensive protection that become the responsibility of the state along with the
elements of the state inherent in it. As is well known, that Of course, if you read the
nuances of kebatinan from the birth certificates of this country, then substantively this
country was formed to be free from all forms of oppression, both physically and
psychologically for all the people and society mediating the Unitary State of the
Republic of Indonesia, including in this case is the child. 1

Indonesia is the highest agreement of the state's formers, even though it has
experienced a constitutional test when the 1945 Constitution was amended into the
Constitution of the United Republic of Indonesia in 1949, even so the recognition of the
regions under the auspices of the State of Indonesia is still recognized. 2 An absolute
requirement for state sovereignty is the existence of a society that obeys the constitution
and its government. 3 Because the essence of the constitution is the conception of the
state which is the basis and limitation of the constellation of the state administration
system. 4 Therefore, in legal politics, a legal discovery and new law-making that is in
accordance with the goals of the State is a value that must be implemented in order to
achieve legal supremacy and justice. 5

In our daily lives, even in society, in order to make ends meet, there are often crimes
and violations committed by certain people and people who threaten some members of
society, which in law is known as criminal acts. 6At present, not only the crime rate or
quantity of crime is increasing but also the type of crime or quality has developed
rapidly in Indonesia. Criminal sanctions are seen as an effective solution in tackling this
problem. Criminal sanctions are a manifestation of the state's responsibility to maintain
security and order as well as efforts to protect the law for its citizens. This is a logical
consequence of the concept of forming a state which, according to JJ Rosseau, is based
1
N. M. Alhasni, M. R., Badu, L. W., & Nggilu, “Menakar Peran Kepolisian Dalam Mencegah Tindak
Pidana Pencabulan Terhadap Anak Di Bawah Umur,” Jurnal Legalitas 12, no. 2 (2019): 110–23.
2
Novendri M. Nggilu, “Tinjauan Yuridis Pengaturan Sanksi Pidana Dalam Peraturan Daerah Provinsi
Gorontalo,” Lambung Mangkurat Law Journal. 5, No. 2 (2020): 109–121., 110
3
Mellisa Towadi and Nur Mohamad Kasim, “An Indication of China ’ s Policy towards Uighurs and Its
Implications by International Law Aspects.” Jambura Law Review. 3, No. 01 (2021): 55–71., 69
4
Ahmad dan Novendri M. Nggilu Fakultas, “Denyut Nadi Amandemen Kelima UUD 1945 Melalui
Pelibatan Mahkamah Konstitusi Sebagai Prinsip the Guardian of the Constitution of the Constitution
Through the the Principle of the Guardian of the Constitution.” Jurnal Konstitusi. 16, No. 4 (2019): 785–
808., 791
5
Mohamad Hidayat Muhtar, “Model Politik Hukum Pemberantasan Korupsi Di Indonesia Dalam
Rangka Harmonisasi Lembaga Penegak Hukum.” Jambura Law Review. 1, No. 1 (2019): 68-93., 73
6
Dian Ekawaty Ismail and Mohamad Taufiq Zulfikar Sarson, “Criminology Analysis of Women’s as
Perpetrators of Domestic Violence Crimes,” Jambura Law Review 3, no. 1 (2021): 57–76., 58

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on community agreements. Furthermore, the people agreed to enter into a noble
agreement (modus vivendi) which was set forth in a basic law in the form of the state
constitution. 7 Legal protection is needed because it is an effort to integrate various
needs in associations so that there are no conflicts between needs and can enjoy all the
rights granted by law8 The state is firmly obliged to try to fulfill the rights of every
citizen. 9

Attention to the circulation and abuse of narcotics in society is very high. Narcotics
abuse can cause physical and psychological harm, as well as threaten people's lives.
Narcotic use is often associated with crime, and narcotics are generally seen as negative
and addictive. This has the effect of leading the user to commit crimes. Crime as a social
phenomenon is not only acts that are prohibited by law, biological disorders and mental
disorders, but also actions that harm society. then what determines an act to be
considered a crime is not using official rules as a reference. 10

According to Law Number 35 of 2009 concerning Narcotics, Narcotics are divided into
three groups, namely narcotics, psychotropics, and other addictive substance.11
Narcotics are synthetic and semi-synthetic substances or drugs that can cause a
decrease or change in consciousness, loss of emotion, pain relief, and the potential for
addiction, whether derived from plants or not. Careful monitoring and unlimited use of
these drugs can endanger the user's health and even life. In the context of improving
health to achieve prosperity, improvements in the medical and health service sectors are
deemed necessary, among others by making sure the availability of certain medicines is
needed and by preventing and eliminating the dangers of drug abuse and illicit traffic.
The author also disagrees with the use of narcotics for addiction, because it is necessary
to have regulations that regulate, as stated in the narcotics law. Narcotics on the other
hand are drugs or substances that can be said to be useful in the field of health or
science. However, on the other hand it is also very addictive if it is abused or used
without strict and careful supervision. The expert is of the opinion that crimes that meet
the requirements are those committed through legal policy, namely efforts to achieve
good regulations that are in accordance with circumstances, situations and state policies
through the authority to determine the desired laws and regulations, and tentative
regulations can be used to express what is contained in society and to achieve what is
desired. Narcotics on the other hand are drugs or substances that can be said to be
useful in the field of health or science. However, on the other hand it is also very
addictive if it is abused or used without strict and careful supervision. The expert is of
the opinion that crimes that meet the requirements are those committed through legal
7
Ramdan Kasim, “Dehumanisasi Pada Penerapan Hukum Pidana Secara Berlebihan (Overspanning
van Het Straftrecht),” Jambura Law Review. 2, No. 1 (2020): 1–29., 3
8
Jufryanto Puluhulawa, Mellisa Towadi, and Vifi Swarianata, “Perlindungan Hukum Situs Bawah Air
Leato / Japanese Cargo Wreck The Legal Protection of The Leato Underwater Site” Jurnal Reformasi
Hukum 24. No. 2 (2020): 189–208., 197
9
Julius Mandjo, “The Right to Obtain Free Assistance and Legal Protection for The Indigent People
Through Legal Assistance Organizations.” Jambura Law Review. 3, No. 02 (2021): 365–77., 375
10
A. Sudanto, “Penerapan Hukum Pidana Narkotika Di Indonesia,” Jurnal Hukum 8, no. 1 (2017): 138–39.
11
2009 Lihat UU No. 35 Tahun, “Tentang Nakortika” (n.d.).

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policy, namely efforts to achieve good regulations that are in accordance with
circumstances, situations and state policies through the authority to determine the
desired laws and regulations, and tentative regulations can be used to express what is
contained in society and to achieve what is desired. Narcotics on the other hand are
drugs or substances that can be said to be useful in the field of health or science.
However, on the other hand it is also very addictive if it is abused or used without strict
and careful supervision. The expert is of the opinion that crimes that meet the
requirements are those committed through legal policy, namely efforts to achieve good
regulations that are in accordance with circumstances, situations and state policies
through the authority to determine the desired laws and regulations, and tentative
regulations can be used to express what is contained in society and to achieve what is
desired. on the other hand it is also very addictive if it is abused or used without strict
and careful supervision. The expert is of the opinion that crimes that meet the
requirements are those committed through legal policy, namely efforts to achieve good
regulations that are in accordance with circumstances, situations and state policies
through the authority to determine the desired laws and regulations, and tentative
regulations can be used to express what is contained in society and to achieve what is
desired. on the other hand it is also very addictive if it is abused or used without strict
and careful supervision. The expert is of the opinion that crimes that meet the
requirements are those committed through legal policy, namely efforts to achieve good
regulations that are in accordance with circumstances, situations and state policies
through the authority to determine the desired laws and regulations, and tentative
regulations can be used to express what is contained in society and to achieve what is
desired. 12

According to Article 6 Paragraph 1 of the Narcotics Law, the narcotics mentioned in

Article 5 are divided into three groups: narcotics class I, group II, and class III. Narcotics
continue to be licensed for research and medical purposes. However, specifically,
narcotics class I cannot be used in connection with the use of medical services. This is
due to fears of narcotics abuse caused by a lack of strict supervision of the spread of
narcotics abuse in society. However, treatment in Indonesia has not been fully optimal,
so that optimal health cannot be achieved. The difficulty of treatment forces people to
innovate to find a cure. 13

In recent years, several people in Indonesia have used cannabis to treat their ailments
due to lack of money and incomplete treatment. Based on positive law in Indonesia, the
cannabis plant is included in Narcotics Group I according to Appendix I No. 8 of the
Narcotics Act. The provisions of Article 8 paragraph 1 prohibit all types of Narcotics
Group I to be used for the benefit of medical services. This provision is positivist and
strictly prohibits the use of class I narcotics, including cannabis. Marijuana is a plant
12
E. Lokollo, L., Salamor, Y. B., & Ubwarin, “Kebijakan Formulasi Undang-Undang Narkotika Dalam Legalisasi
Penggunaan Ganja Sebagai Bahan Pengobatan Di Indonesia.,” Jurnal Belo Universitas Pattimura 5, no. 2 (2020): 4–
5.
13
R. N. Hidayat J, “Analisis Hukum Terhadap Tindak Pidana Penanaman Ganja Untuk Pengobatan (Studi Kasus
Putusan Perkara Nomor 111/Pid. Sus/2017/PN. Sag).” (Universitas Hasanuddin, 2021).

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that has long been known to mankind. There are so many advantages, there are seeds
that can be made into plastic because of their strong fiber, there are also seeds that can
be used as essential oils and industrial oils. However, besides being known as a source
of medicines, Cannabis is widely available because of its economic value, which is why
most people grow it. It's not because of its medicinal, research interest, or spices that
make this plant so famous. However, because it contains THC or Tetra hydro
Cannabinol which can cause euphoria for its users to cause addiction. 14

Most Indonesians consider marijuana to be illegal, dangerous, addictive and

intoxicating. On the other hand, some argue that the cannabis plant can induce calm,
reduce stress and depression. Some people also claim that the cannabis plant can cure
some deadly diseases as well as relieve pain. Talking about the cannabis plant is not
uncommon and always viewed negatively. However, in Indonesia itself, in 2010, a
movement began to appear on the streets, more precisely at the Hotel Indonesia
Roundabout, to promote the use of cannabis for treatment or the so-called Global
Marijuana March. Group I narcotics. This movement believes that cannabis is not
hostile or harmful because it is a plant with abundant health benefits. The new cannabis
plant was officially registered in the botanical world in 1753 by Carlus Linnaeus with
the scientific name "Cannabis Sativa". Article 1 of the Narcotics Law Number 35 of 2009
explains that narcotics are substances or drugs derived from plants or non-plants, both
synthetic and semi-synthetic, which can cause loss of consciousness, reduce pain, and
lead to dependence. However, in reality, alcohol which has more or less the same
properties is still marketed legally in society. Article 1 of the Narcotics Law Number 35
of 2009 explains that narcotics are substances or drugs derived from plants or non-
plants, both synthetic and semi-synthetic, which can cause loss of consciousness, reduce
pain, and lead to dependence. However, in reality, alcohol which has more or less the
same properties is still marketed legally in society. Article 1 of the Narcotics Law
Number 35 of 2009 explains that narcotics are substances or drugs derived from plants
or non-plants, both synthetic and semi-synthetic, which can cause loss of consciousness,
reduce pain, and lead to dependence. However, in reality, alcohol which has more or
less the same properties is still marketed legally in society. 15

As discussed above, cannabis use is rarely mentioned as a specific topic of conversation.

The potential cultural, traditional and medicinal aspects of the important cannabis plant
in this country are rarely discussed. Consumption, manufacture and distribution of all
forms of narcotics Category 1, including cannabis, for the purposes referred to in Article
8 of Law Number 35 of 2009 concerning Narcotics can be considered illegal and is
punishable by imprisonment up to death penalty. The regulation has criminalized
several cases of medical cannabis use in Indonesia. Including the case of Reyndhart
Rossy Siahaan who used marijuana to treat his pinched nerve. He was sentenced to 10
months in prison by a judge at the Kupang District Court in 2020. The chronology of the
incident can be explained as follows:
14
Hidayat J.
15
M Zulkifli R, “Perempuan Dalam Gerakan Legalisasi Ganja (Studi Kasus: Lingkar Ganja Nusantara).” (Univeristas
Hasanuddin, 2020).

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Rossy previously lived in Jakarta. In 2015, according to the results of a CT scan at OMNI
Hospital with registration number RJ1508100084, he suffered from neuropathy and his
body often ached. Rossy used to work as a porter, often carrying heavy loads. The
disease can also be caused by Rossy who often carries heavy loads. After getting sick,
Rossy had to lose his job and move to Labuan Bajo to work elsewhere. However, in 2018
his illness relapsed and he was in constant pain. He tried various treatments, but he was
still in pain. In 2019, Rossy became fed up with the treatment she was receiving and
started looking for other information about her illness. Finally, he found information on
how to treat his condition by consuming boiled water containing cannabis. Eventually,
Rossy was looking for information on how to access cannabis, and after receiving this
information, she used cannabis simply by drinking water boiled with the cannabis.
Since drinking the cannabis boiled water, Rossy feels better. Until November 2019,
Rossy tried to get marijuana again, but unfortunately, Rossy was arrested by the police
at his home on November 17 2019 on the grounds that 428.26 grams of marijuana were
found in a box that had just arrived at his boarding house. Rossy also had 2.52 grams of
marijuana in his pocket. Rossy was finally processed with alternative charges, first
based on Article 114 paragraph (1) of the Narcotics Law concerning the sale of narcotics
without proper permits, and second based on Article 111 paragraph (1) of the Narcotics
Law concerning the illicit distribution of narcotics. Third, Article 127 Paragraph 1 of the
Drug Law concerning Narcotics Abuse. After examining various pieces of evidence, The
Kupang District Court found Rossy guilty of Article 127 paragraph 1 of the Narcotics
Law and sentenced him to 10 months in prison. Article 127 paragraph 1 reads “Every
abuser: a. Narcotics Category I for oneself shall be punished with imprisonment for a
maximum of 4 (four) years; b. Narcotics Category II for oneself shall be punished with
imprisonment for a maximum of 2 (two) years; and c. Narcotics Category III for oneself
shall be punished with imprisonment for a maximum of 1 (one) year".

The Narcotics Law prohibits the use of Class I narcotics for medical services as referred
to in Article 8 paragraph 1, but the original purpose of the Law was to ensure the
availability of narcotics for medical services as stipulated in Article 4(a) of the Narcotics
Law. Therefore, the prohibition and criminalization of the use of narcotics for health
purposes is contrary to the existence of the Narcotics Law itself. Even though the
Narcotics Law criminalizes the use of narcotics, in Reinhardt's case, the state should
prioritize the principles of the right to health, the principle of justice and the interests of
the law. What Reynhardt did can be categorized as a state of coercion, where based on
Article 48 of the Criminal Code, it is stated that "anyone who commits an act due to the
influence of coercion, will not be punished". Some experts argue that coercion here
means physical or psychological pressure, coercion is violence or threats of violence, or
natural or other coercion that is around us. It can be used and performed by third
parties. The successful treatment of Reinhardt's disease with cannabis is a necessary and
unavoidable condition for Reinhardt. In enforcing cases related to health, the judiciary
must prioritize justice and legitimate interests by referring to the use of narcotics in the
context of public health as stipulated in the Narcotics Law. The right to an optimal
degree of health is closely related to the right to life. Article 4 of the Health Law

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emphasizes that "everyone has the right to health".16

Therefore, it is reasonable and very fair for the judge to acquit Reyndhart Siahaan of all
charges, bearing in mind that the marijuana he used was only for medical purposes. In
addition to the element of coercion which was the reason for the abolition of
punishment in the case of abuse of narcotics class I for himself which was committed by
Reyndhart Rossy N. Siahaan, there is also a principle that law enforcers must not
overrule, namely the ultimum remedium principle which requires criminal law as a last
resort if it is deemed that there are other alternatives besides criminal law. Thus, the
prison sentence imposed on Reyndhart must be the last option, because the Narcotics
Law has accommodated the implementation of rehabilitation for victims of narcotics
abuse. This means that even though the defendant Reyndhart Rossy N.

Thus, the researcher is interested in conducting research related to Decision Analysis

No. 83/PID.SUS/2020/PN KPG In Cases of Cannabis Use for Medical Purposes
Associated with Article 48 of the Criminal Code.

2. method
This type of research is normative research, mresearch method is a way of
doingliterature study with legal sources in the form of laws and regulations, court
decisions/decisions, contracts/agreement/contracts, legal principles and principles,
legal theory and doctrine/opinions of legal experts. 17 This research uses techniquesThe
analysis used in this study uses a qualitative analysis method, namely through the
interpretation of legal documents that have been processed.

3. Analysis And Discussion

Judge's Legal Considerations Against Decision No. 83/Pid.Sus/2020/PN

Kpg Concerning the Use of Cannabis for Medical Purposes
After going through various stages and mechanisms in the judicial process, the panel of
judges will then consider whether based on the existing legal facts, the defendant can be
found guilty of having committed the crime for which he was charged. To declare the
Defendant proven to have committed a crime as referred to in the indictment, thenThe
actions of the Defendant must fulfill all the elements of the article as charged by the
public prosecutor. The defendant has been indicted by the public prosecutor with
alternative charges, namely:
1. te deedrindict seihow regulated and criminally punished in Article 114
paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 teiabout
Narcotics or;

16
Undang-Undang Republik Indonesia No. 36 Tahun 2009, “Tentang Kesehatan,” n.d.
17
Muhaimin, Metode Penelitian Hukum (Mataram: Mataram University Press, 2020).

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 2. Defendant's actionsihow regulated and criminally punished in Article 111
paragraph (1) of the Republic of Indonesia Law Number 35 of 2009 teiabout
Narcotics or;

3. Defendant's actionsihow regulated and criminally punished in Article 127

paragraph (1) letter a of the Republic of Indonesia Law Number 35 of 2009 teion
Narcotics.

Oleih curryina indictment peipublic demand in beifor alteirnative, then seihe

continuedithe judge's list will direct meiprove my chargesiaccording to peigot
MajeiJudge's list leibih teipat cakeinana teito yourself Teithe indictment is the
indictment of the alteirnative toithree namely peiTe's creationirdakwa seihow regulated
and criminally punished in Article 127 letter a paragraph (1) of the Republic of
Indonesia Law Number 35 of 2009 teiabout Narcotics whose elements are seilike
beifollow :
Elements of “Every Abuser”Bibased on Article 1 point 15 Law No. 35 of 2009 teiabout
narcotics, what is meant by deionly seievery peiabuse is the person who meiuse
narcotics without rights or meiagainst the law. Peiabuse here begins deijust say
“sievery” then beimean seieveryone without teirkeiexcept, seiuntil seieveryone seilike
subjectik law that can be requested peiresponsibility for peiwhat he did seilegal way
especially meiaccording to criminal law seirta there is no reason peisorry and or
peimbeinar that can meieliminate the penalty. Bibased on the facts that teithe
dumplingsithe trial that was heldirolesih from toiteilist of witnesses, evidence and
toiteitea planirdakwa seimeimbeicome up with an ideaiits contents in the indictment
Peisued General and teiprove itirdakwa seiHis physical and spiritual hat is capable of
meimpeibe responsible pidide made itilaw board.
Seihe continued, what is meant without rights is the absence of rightsipower or
toiweithe memory that ole hasih seiseipeople for meido seia PEilegal action, seiput me
upiagainst the law is the existence of a characteristic that is beirteide challengeionly law
or toiteintuan peilegislation or peite madeirseibut not seisuit deionly the law isiact
likeiup to piits done beirature meiagainst the law. Meirefer toiteintuan Article 7 Law
No. 35 of 2009 that narcotics can only be used foripeipeiservice toiseihatan and/or
peingeibuild science peingeiknow and teitechnology. Bibased toiteithe witnesses' guess
that teiaccuse meiUsing narcotics has nothing to do with itijust peingeidream
toiseihatan seirta peingeibuild science peingeiknow and teitechnology seibut not
meihave permission from the party birweina for meiuse narcotics in beifor plants
Bibased on the description peitea scalesirseibut above then MajeiJudge's list birpeifound
that "the elements of seievery peiit's useless" teithat's itirproof seilegal way and meirest
assured.
Elements of "Nacortica group I in the form of plants for oneself" Beibased on Article 1
(1) toi-1 Law No. 35 of 2009 teiabout Narcotics are: “Substances or Drugs that
areiderived from plants or non-plants, both syntheticisis and seimissisis can meinyibabe

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peiderivative or peichange toiconsciousness, loss of feeling, meireduce to meireduce
tasteiri and can meiraise toiteihanger, which is givenigo toiin the se groupsihow
teiattached to this law". What I meantiabuse not dideifeiinsert it intoiteigeneral and
peinjeireason for law no. 35 of 2009, will teibut bibased formulation toiteintuan Article 7
and Article 8 teiabout the classification of peiNarcotics as well as Narcotics Group I,
namely Narcotics can only be used foripeipeiservice toiseihatandan or peingeibuild
science peingeiknow and teitechnology, and Narcotics class I are prohibited from being
used foripeipeiservice toiseihatan, and in the amount of teiNarcotics class I limit can be
used toipeipeingeibuild science peingeiknow and teiknologi and for reiageinsia
dianostik, seirta reiageinsia laboratory seiteithat's meigot peirseimy goalinteiri over
reicommentindation toinutmeg Badan PeiOversight of Drugs and Food (videiArticle 8
of Law no. 35 of 2009) deijust deiso it can be concluded peingeimeaning “meiabuse”
means meiuse or meieat or meiConsuming Narcotics is not seisuit deionly
toiteiprovisions stipulated in Law Number 35 of 2009 teiabout Narcotics. Law Number
35 of 2009 teiabout Narcotics teithat's meimanage seihow teigas meingeinai peithe
position that beirweina meimbeirick peipermission eiexport/import and peiwatch
outienter peiuse of Narcotics is Meinteiri Field Keiseihatan keiits only use in the to
fieldiseihatan and peieducation.
Bibased toiteilist of witnesses, letters, and toiteitea planirdakwa seifound legal facts that
beinar teirdakwa, on Sunday the 17th of Novemberimbeir 2019 seiaround 12.45 WITA,
birteifour in te boarding roomirdakwa who beiaddress at RT 01 RW 01, Keivillage of
WaeiToilamb, KeiKomodo sub-district, Kabupatein West Manggarai, is seilike
Peinyalah for Narcotics Group I in BeiFor Plants For Self Seiself.
on PEirteimid 2015 teiaccuse meihave a nervous breakdownirjeipit, and relapsed
intoicome back at the end of 2018 becauseinana teiaccuse me a lotido pitoirjaan –
peitoiroyal beirat that meirequire teaiaccuse me a lotiuse physical and teidragon. And
one toitika teiaccuse meiread on inteirneit that substance that teijust contain
narcoticsinis cannabis can meihelp meisubtract and meinyiheal peithat
painirelationship deijust nervesirjeipits, seiup to seiaround Octoberir 2019 teirdakwa
beirsama teimannya beiThe names of Bursalino and Maxi are joint ventures eachibisar
IDR 1.2000.000,- (one million two hundred thousand rupiah) seihang on teaiaccuse
meicollect IDR 1,190,000.- (one million seihundred seininety thousand rupiah) for
meimbeili cannabis from people who beiOje's nameib. Seiteithat's moneyirseibut
teirkumpul, seihe continuediaccuse meisend moneyirseibut toion Ojeib deionly re
numberitoining BCA 5315157673 , seiteithat's a druginis cannabis sent toite
addressirdakwa that teirleinot in Labuan Bajo. On October 26thir 2019 teirdakwa peigo
toiJNE officeiLabuan Bajo for meingeiceik useit post that beirisk of cannabis, seiteiuse
itit that beirisk cannabis teirseibut taken byih teirdakwa, seicontinued cannabis
teirseibut for the average meiinto 3 (three) parts namely for teirdakwa seindiri,
Bursalino and for Maxi. Teiaccuse meiuse narcoticsinis cannabis for meireduce nerve
painirjeithe pit he experienced deijust my wayitake less cannabis leavesibih seiabout 15
(five bilas) grams toithen meiadd water seiabout 400 (e.gifour hundred) milliliteir then
direibus until the water teiremaining 200 (two hundred) millilitersir, seiteithat's water

Page |9
againicannabis busan teirseibut filtered toithen cooled until warm and then drink seias
well as oleih teirdakwa. When teiaccuse meipain again or the pain recurs then teiaccuse
meireibus again cannabis leaves to drink and seievery time tirdakwa seileisai drink
water reicannabis leaf busan teirseibut the pain in his nerves is too strongirjeipit teilost
feeling. On November 09imbeir 2019 teiman teirdakwa who beiMy name is
Bursalinoineileipon teirdakwa and meimbeitell him that he is meihave goods (narcotics
jeinis cannabis) deionly Rp. 3,000,000.- (three million rupiah) per personir 500 grams.
Seiteithat's it teirdakwa beiyou're welcome deijust teimannya beithe names Paul and
Barceimeimake a share of each other's moneyibisar IDR 1,000,000 (one million rupiah)
for meimbeijust narcoticsinis cannabis teirseibut to be consumed for meiget rid of the
pain in his nervesirjeipits. Seicontinued on Sunday the 17th of Novemberimbeir 2019
seiaround 12.45 WITA, at that time teirdakwa seidang beirather in te boarding
roomirdakwa toithen there's seiJNE courier personii.e. witness Afrijal coming toite
boarding roomiaccuse meideliver itit post that beithe risk of cannabis sent by OLEih
Bursalino who bidomiciled in Jakarta. Seiteithat's itiaccuse meineirhyme useit post that
beinarcotics riskinis cannabis teirseibut, seihe continuediaccuse me right awayibring itit
teirseibut toiin the boarding room and meileiabove meiyes, toithen teiaccuse meitake
the key seipeida motor and heino meiturn on seipeida motor, suddenly there is seicar
beirheilater didipan boarding room teirdakwa and bibia few members of the Police
from Unit ReiseirseiNTT Police Narcotics, witness Jeifri and witness Paul get down
from the car teirseibut and direct meigo to teirdakwa and meiask "Where is Rossy's
room?" and curryina teirkeijut teiaccuse me right awayipoint toiroom directionirdakwa,
seiteithat's it teirdakwa dipeiole alleyih witness Paul seicontinued there peithe duty of
the police who beiask again "Where's Rossy?, Where's Rossy?", and teiaccuse me right
awayinanswer "I'm Rossy", and peipolice dutyirseibut direct meibring teairdakwa toiin
the boarding room, while in the boarding room, peimy police dutyipoint useithanks for
the new postirdakwa teirhyme teirseibut while beiask toion teirdakwa “Whose
property is this?” teiaccuse meianswer "This item belongs to me", seicontinued one
peimy police dutyicall the witness Peithen and witness Christian to come to meiwatch
the processis peinopeileitea branchiface yourself teirdakwa and also the boarding
roomirdakwa. Seiteiis witness Peithen and witness Christian already beirather in deikat
teiindict seithe police officer continued directly to meido pinopeileitea branchiface
yourself teirdakwa and also in the boarding roomirdakwa, and in peingeileitea
branchirseibut peimy police dutyineiface narcotics jeinis cannabis leaves toiring that
teican be in packit the teiwrote JNEiand leftover cannabis from teirdakwa kept in ce
pocketilana part bilalang, seihe continuedirdakwa beitogether with evidence of
narcoticsinis cannabis teirseibut brought oleih police officers to be processedis seilegal
way. Tested cannabis evidenceiface in the boarding houseirdakwa heinot for meibe 3
parts beirsama teiman teirdakwa who beithe names Paul and Barcei. Seihe continued,
the evidence of marijuana wrapped in deijust plastic wrapiwrite JNEiwhich in teiface in
the boarding room teirdakwa seibirat 428,2600 (eifour hundred and twenty deieight
point two einam zero zero) gram seihe continued set aside seibirat 0.4561 (zero point
eifour five einam one) gram to do peitest at Balai Peisupervising Medicine and Food in
Kupang deiwith sample number 35.05.KH.19, and seiteipe doneidip testirolesih the

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result is that the evidence is suspected of being narcoticsinis Ganja teirseibut Untilil
Positive meicontains cannabis, seisuit deionly Report on PeiNarcotics-Psychotropic
Test, Number: PO.TU.11.19.32, November 21imbeir 2019 signed by oleih Frama Eil L.
Pollo, S.Si, M.Sc. seibehavior toinutmeg Seiksi PeiChemistry test at the Balai POM
Office in Kupang. Narcotics evidenceinis cannabis wrapped in deijust meiuse a plastic
clip beining yang diteiface in ce pocketilana belongs to teirdakwa seibirat 2.5280 (two
point five two deieight zero) gram seicontinued set aside seibirat 0.4269 (zero point
eifour two einam seinine) grams to do peitest at Balai Peisupervising Medicine and
Food in Kupang deiwith sample number 34.05.KH.19, and seiteipe doneidip testirolesih
the result is that the evidence is suspected of being narcoticsinis Ganja teirseibut Untilil
Positive meicontains cannabis, seisuit deionly Report on PeiNarcotics-Psychotropic
Test, Number: PO.TU.11.19.31, November 21imbeir 2019 signed by oleih Frama Eil L.
Pollo, S.Si, M.Sc. seibehavior toinutmeg Seiksi PeiChemistry test at the Balai POM office
in Kupang. Bibased on pe resultsimeiurine testibelongs to teirdakwa seihow
diteiframework in the PE Results ReportimeiUrine examinationiNumber :
HPU/1443/XI/REiS.4.2/2019/Biddokkeis, the 20th of Novemberimbeir 2019 which is
usediget oil outih To fieldidoctoriran and KeiseiNTT Polda hat and signed byih dr.
MEiRTY MARLIN TAOLIN, Deionly resultsimeitorture that urineibelongs to teirdakwa
Positive meicannabis/THC.
Seibilum teiaccuse meiuse narcoticsinis cannabis, teirdakwa already 3 times meicontrol
toihospital, and tiaccuse meingeiknow that he is meinaglami nerve pain teirjeipit
beibased on pe resultsimeitorment toidoctorir. On August 10, 2015 teirdakwa peinah
meido pimeitorture at OMNI Hospital seisuit deiOnly PE
ResultsimeiRadiology/CTSCAN examination No. reiregistration RJ1508100084 deionly
resultsimeitorture leicomplete seisuit deionly pe results reportimeitorture in beifile
peirkara. that beinar teirdakwa in meido piits made by meiabuse Narcotics Category I
for oneselfiteirseibut there is no valid permission from Deiparteimein ToiseiRepublic of
Indonesia or from a party that isirweina seirta has nothing to do with deijust
peirkeibuild science peingeiknow and peitoiking teirdakwa seidays. And peite
madeiaccuse meijust use narcoticsicannabis is peiwhat i didiagainst the law.
Bibased on peiweight-peitea scalesirseibut above then MajeiJudge's list birpeifound that
the element “meiabuse Narcotics Category I in Bito plant for yourself seindiri” this
teithat's itirproof seilegal way and meiaccording to the law.
Deijust deilike that, then seiall elements of Article 127 paragraph (1) letter a of the
Republic of Indonesia Law Number 35 of 2009iabout Narcotics teithat's itirpeinuhi, then
Teithe accused must be declared teithat's itirproof seilegal way and meiconvince
meicommit a crimeiwhat is charged in the alte indictmentirnative Toithree PEipublic
demand.
Meingeinai demands from Peisued the General, Majeilist of Judges seipeigot deionly
PEidemanded the General, that Teirdakwa teithat's itirproof seilegal way and meibe
sureiwrong meicommit a crime “Peiabuse of Narcotics Group I in beito plant for
yourself seindiri” and meingeithe length of time peimidanaan will dieispecified in this

Page |11
ruling.
In front of piPe trialisued the General teithat's meisubmit evidenceilike beifollow :
1. 1 (one) leimbar plastic color bining biwrite JNEithat meiwrapped in 1 (one)
gardus boxijust a twistithe brown colored lotipithe risk of cannabis seibirat
428,2600 (eifour hundred and twenty deieight point two einam zero zero) gram
seihe continued set aside seibirat 0.4561 (zero point eifour five einam one) gram
to do peitest at Balai Peisupervising Medicine and Food in Kupang deiwith
sample number 35.05.KH.19. Remaining 427.8039 (eifour hundred and twenty-
seven point deieight zero three seinine) grams;
2. 1 (one) piece of plastic clip beining in it beithe risk of cannabis seibirat 2.5280
(two point five two deieight zero) gram seicontinued set aside seibirat 0.4269
(zero point eifour two einam seinine) grams to do peitest at Balai Peisupervising
Medicine and Food in Kupang deiwith sample number 34.05.KH.19. The
remaining 2.1011 (two point one zero one one) grams and 2 (two) leimbar toirtas
biwhite color);
3. 1 (one) cellphoneimeirk Iphonei6, deiwith features : part deipan biblack color
and part bilalang bisilver colorir in which teigot a sim card Teilkomseil
Sympathy deiNo. 081290614901 . Deprived for destruction;
4. 1 (one) Bank BNI ATM card. Reiyndhart Rossy N. Siahaan. Dikeireturn toion
teirdakwa.

Bibased on the legal facts that are heldirolesih seilong peitrial peithis rkara, teiMaje
saidilis Hakim not meineithere are reasons that can meierase my natureiagainst the law
from peiTe's creationirdakwa (onreichtmatigeidaad), and also no diteithere are other
reasons that could meingeiexclude Teirdakwa from peicriminal responsibility
(toeireitoind strafbaar heiid), fine seilike the reason peimbeinar (reicht vaardigings
grondein) and seilike the reason peisorry (veiront schuldigings grondein), then MajiJudge's
list birkeithe conclusion that peiwhat ole didih Teirdakwa must be dipeibe responsible
toito him. Oleih curryina Teirdakwa able to beibe responsible then Teithe accused must
be stated biguilt for the crime charged toito him, and bibased toiteintuan Article 193
paragraph (1) of the Criminal Procedure Code (KUHAP) teito yourself Teithe accused
must be punished. in peithis rkara, teito yourself Teirdakwa teipe doneicatch and
peilegal custody, then beibased on Article 22 paragraph (4) of the Indonesian Criminal
Procedure Code (KUHAP).icatch and peihold on teirseibut reduced seientirely from the
punishment that was dropped. Teithe accused was arrested and peihold on teito
yourself Teithe indictment is based on deiIf there's a good reason, then yesibased on
Article 193 paragraph (2) letter b of the Criminal Procedure Code (KUHAP)irlu diteiset
to Teirdakwa teitap beikinda in jail. Oleih curryina Teirdakwa was sentenced to a crime
then beibased on Article 222 paragraph (1) of the Criminal Procedure Code (KUHAP)
toion Teirdakwa dibeibank for meipay pe feeirkara that beisarnya will dieispecified in
this ruling.
Seihe continued, seibilum Majeilist Hakim meiimpose a penalty onion Teirdakwa, then
peirlu dipeiconsider the things that meimbeirate and stuff that meilighten up what's

Page |12
inside of Teithe indictment, aggravating matters, the defendant's actions disturbed the
community, the defendant did not support the government's program to eradicate the
abuse and distribution of narcotics. Things that make it easier for the defendant to
admit and regret his actions, the defendant is polite in court. From the things that
meimbeirate it or meilighten up teirseibut the above is linked to deionly the articles of
indictment that teithat's itirproof in peithis case, then the decision to be passed is
beifollow meiaccording heiMatt Majeilist Judge teithat's meimeinuhi taste toijustice and
punishmentiproper. Meiremember and meimpeirhatikan going toiteintuan Article 127
paragraph (1) letter a Law ReiIndonesian publicisia Number 35 of 2009 Teion Narcotics,
Law Number: 8 of 1981 Teiabout the Criminal Procedure Code (KUHAP) seirta other
articles of peihundred peilegislation that isirelated.
Bibased on peiweight-peibalance seihow teithat's itiweld above, finally majeimy judge's
listitry itirdakwa deijust:
1. Meisay Teirdakwa Reiyndhart Rossy Siahaan teithat's itirproof seilegal way and
meibe sureiwrong meicommit a crime “Peiabuse of Narcotics Group I in BeiFor
Plants For Self Seindiri” seihow in Alte's indictmentirnative Toithree;
2. Meiimpose a penalty onion Teirdakwa Reiyndhart Rossy Siahaan oleih curryina
that deionly criminalinjara seilong 10 (sitwenty) Months;
3. Meineiset pe timeithat detentionilive it Teicharge deducted seithe whole of the
sentence imposed;
4. Meineitap Teirdakwa teihold tap;
5. Meineiset evidence beilikeness:
1. 1 (one) leimbar plastic color bining biwrite JNEithat meiwrapped in 1 (one)
gardus boxijust a twistithe brown colored lotipithe risk of cannabis seibirat
428,2600 (eifour hundred and twenty deieight point two einam zero zero)
gram seihe continued set aside seibirat 0.4561 (zero point eifour five einam
one) gram to do peitest at Balai Peisupervising Medicine and Food in Kupang
deiwith sample number 35.05.KH.19. Remaining 427.8039 (eifour hundred
and twenty-seven point deieight zero three seinine) grams.
2. 1 (one) piece of plastic clip beining in it beithe risk of cannabis seibirat 2.5280
(two point five two deieight zero) gram seicontinued set aside seibirat 0.4269
(zero point eifour two einam seinine) grams to do peitest at Balai
Peisupervising Medicine and Food in Kupang deiwith sample number
34.05.KH.19. The remaining 2.1011 (two point one zero one one) grams and 2
(two) leimbar toirtas biwhite color
3. 1 (one) cellphoneimeirk Iphonei6, deiwith features : part deipan biblack color
and part bilalang bisilver colorir in which teigot a sim card Teilkomseil
Sympathy deiNo. 081290614901 . Forfeited to be destroyed.
4. 1 (one) Bank BNI ATM card. Reiyndhart Rossy N. Siahaan. Dikeireturn toion
teirdakwa.
5. Meimbeibank toion Teiaccuse meipay pe feeirkara seibisar Rp. 5,000,- (five
thousand rupiah)

Page |13
4. Conclusion
Based on the results of the analysis and discussion that have been described above, it
can be concluded that the panel of judges imposed a prison sentence in case Number:
83/Pid.Sus/2020/PN.Kpg with various considerations in the form of a pinched nerve
condition that the defendant has experienced over the past few years as the results of
the examination Radiology/ CTSCAN Registration No. RJ1508100084, elements of
Article 127 of Law no. 35 of 2009 concerning Narcotics As in the indictment of the
public prosecutor, as well as the aggravating matters in the form of the defendant's
actions which disturbed the community and did not support the Government's
program in eradicating the abuse and distribution of narcotics, mitigating matters in the
form of the defendant admitting and regretting his actions and being polite in court.

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