The writer is a freelance journalist, entrepreneur, and supporter of medical cannabis legalization in Indonesia. This op-ed was written as an assignment for Harvard University’s online course, “Rhetoric: The Art of Persuasive Writing and Public Speaking,” completed in November 2023.
Indonesia is renowned for its strict drug laws, classifying cannabis as a Schedule I substance, equating it with highly dangerous drugs like heroin. The country’s legal system has long imposed severe penalties for possessing even small amounts of marijuana, with no distinction between medical and recreational use. Individuals caught with cannabis face criminal charges and could spend years in prison.
However, as more and more countries around the world move towards legalizing cannabis, particularly for medical purposes, and as awareness of its potential benefits grows, the debate over medical cannabis legalization has gained traction in Indonesia, the world’s largest archipelago and the fourth most populous nation.
The push for legalization has been driven by specific high-profile cases that have captured public and media attention, both nationally and internationally.
In an episode of the Netflix series “Inside the World’s Toughest Prisons,” UK journalist Raphael Rowe investigates Bali’s Bangli prison. Released in September 2023, the documentary features Rowe’s interview with an inmate serving an eight-year sentence for possessing a small amount of marijuana for personal use. This case underscores the harsh reality that even minimal possession of cannabis can lead to imprisonment alongside those convicted of far more serious crimes, including murder—a situation that not only happens in Bangli but also in many prisons across Indonesia, particularly in Jakarta, the capital and the largest city.
Indonesia’s stringent cannabis laws have increasingly gained public attention over the years, including the following events that have intensified public and expert discourse surrounding the issue.
Tracing back to 2017, a notable occurrence saw a man imprisoned for planting marijuana intended to ease the suffering of his terminally ill wife, Yeni Riawati, who had spinal cord cancer (fibromyalgia). The husband, Fidelis Arie Sudewarto, passed away while he was serving his sentence.
In 2020, another tragic case involved Dwi Pertiwi, whose son Musa suffered from cerebral palsy. Despite a 16-year battle with the condition, Musa passed away during a Constitutional Court trial in which his mother sought a judicial review of Indonesia’s Narcotics Law, hoping to legalize medical cannabis for his treatment.
Two years later, June 2022, Santi Warastuti, a mother of Pika Sasikirana who needs medical cannabis for the treatment of her cerebral palsy, called on the Constitutional Court to continue examining the petition for the judicial review.
These stories have stirred more supporters for the legalization of medical cannabis from various quarters, including social organizations and government officials like Vice President Ma’ruf Amin. As the former head of the Indonesian Ulema Council (MUI), Amin has voiced his support for medical cannabis legalization and urged the council to issue a fatwa permitting its use under Islamic law—a stance that has been widely reported in major media outlets.
Dhira Narayana, chairman of the Sativa Nusantara Foundation, a non-profit organization focused on medical marijuana research and advocacy, argues that the current classification of cannabis as a Schedule I substance not only hinders its use in healthcare but also stifles scientific research. This has led to a growing number of lawmakers advocating for the reclassification of cannabis to a lower schedule, such as Schedule III.
Despite the momentum, the National Narcotics Agency (BNN) remains firmly opposed to reclassification. This rigid stance, critics argue, has contributed to the failure of Indonesia’s war on drugs, with an increase in the abuse of more dangerous substances, many of which are classified at lower levels than cannabis.
As Indonesia prepares for its upcoming presidential election in February 2024, with President Joko Widodo stepping down at the end of his term, the debate over cannabis legalization remains on the political radar. The three presidential candidates—Ganjar Pranowo, Anies Baswedan, and Prabowo Subianto—are all gearing up for their campaigns as media and public attention shifts towards the election.
Moreover, regional elections in the first quarter of 2024 will see provinces like Aceh, the only region in Indonesia governed by Islamic law, advocating for the legalization of medical cannabis. According to a report in The Australian on May 23, 2023, Aceh has been pushing the central government to take action, with the legalization of medical cannabis becoming a focal point in the province’s upcoming elections.
Earlier this year, the People’s Representative Council of Aceh introduced the Qanun Draft on the Legalization of Medical Cannabis, signed by Deputy Speaker T.R. Keuamangan. As an autonomous province with a deep-rooted cultural connection to cannabis—used traditionally in cooking and as a remedy for ailments like diabetes and glaucoma—Aceh could potentially lead the way in establishing its own regulations on medical cannabis. If successful, this move could set a precedent for other provinces to follow.
Yet, despite these efforts, the central government appears hesitant to fully embrace legalization. However, there is hope that, regardless of the election outcome, the government will at least consider revisiting the classification of cannabis. A more compassionate approach that reevaluates the legal status of cannabis and recognizes that its users should not be criminalized could represent a significant step forward for Indonesia.
