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Anang Iskandar: Pembuat UU narkotika harus hati hati terhadap isue ganja medis di era post truth

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Oleh Dr Anang iskandar ahli huum narkotika mantan KA BNN.

Era post truth adalah era dimana pemikiran masarakat dibentuk supaya tahu apa yang terjadi didunia saat ini sehingga semua bisa mengira ngira apa yang terjadi, dimana fakta tidak terlalu berpengaruh terhadap pembentukan opini masarakat dibandingkan dengan emosi dan keyakinan personal.

Isue tertentu dibangun melalui media sosial dengan tujuan tertentu dengan memainkan emosi individu dan keyakinan masarakat.

Di era post truth kebohongan seolah olah menyamar sebagai suatu kebenaran dan menjadi keyakinan masarakat tanpa menghiraukan fakta sesungguhnya.

Ketika sidang CND, Komisi Kejahatan dan Narkotika PBB memutuskan tentang reklasifikasi ganja sebagai jenis narkotika yang dilarang, opini yang tersebar di media sosial adalah ganja tidak lagi sebagai golongan narkotika paling berbahaya, dan yang terjadi di indonesia justru munculnya opini “ganja medis” yang diartikan seolah olah legalisasi ganja seperti apa yang terjadi di media sosial.

Sebelum Komisi Kejahatan dan Narkotika PBB memutuskan reklasifikasi ganja sudah ada isue legalisasi dibeberapa negara antara lain

Isue ganja legal di Belanda

Di Belanda, penyalahgunaan ganja masuk dalam yuridiksi hukum administrasi, hanya peredaran narkotika yang masuk dalam yuridiksi hukum pidana.

Sehingga secara yuridis Pemerintah Kota Amsterdam memungkinkan untuk membuat kebijakan untuk mengijinkan berdirinya coffee shop yang menjual ganja dan menyediakan tempat mengkonsumsi ganja “terbatas” hanya dilingkungan coffee shop untuk kepentingan pendataan para penyalah guna namun pemberitaaan media sosialnya sebagai ganja rekreasional seolah olah di Belanda ganja dilegalkan.

Padahal faktanya ganja di belanda dilarang baik untuk ditanam dan diproduksi untuk kepentingan obat maupun diperdagangkan.

Isue ganja legal di Amerika

Terjadi ketika media memberitakan tentang penghasilan Mike Tyson sebagai petani ganja di California dengan penghasilan Rp 10 perbulan, sehingga terbangun persepsi bahwa ganja di Amerika seakan akan di legalkan.

Padahal Tyson menanfaatkan prosisi negara bagian kalifornia dan mendapatkan ijin sebagai petani ganja dengan tujuan khusus yaitu produksi ganja untuk kebutuhan industri farmasi bagi pasien untuk kepentingan medis dengan AIDS, kangker dan penyakit serius lainnya.

Faktanya ganja di Amerika dilarang, hanya di negara California saja yang mengijinkan ganja secara terbatas ditanam sebagai bahan pembuatan obat.

Isue ganja di Meksiko

Isue ganja di Meksiko sudah masuk ke ranah yuridis karena pengadilan mencabut larangan ganja untuk kepentingan pribadi dengan alasan melanggar hak asasi manusia.

Pencabutan larangan tersebut jelas menabrak UU narkotika Meksiko dimana kepemilikan ganja untuk kepentingan pribadi dilarang dimana sumber hukumnya adalah Konvensi Tunggal Narkotika 1961 beserta protokol yang mengubahnya.

Pemberitaan isue legalisasi ganja sangat masif karena melibatkan Mahkamah Agung dan sempat menjadi RUU legalisasi ganja (maret 2021) dan Majelis tinggi membahasnya, toh akhirnya pembahasan berhenti ditengah jalan, dan tidak terjadi legalisasi ganja disana sampai sekarang.

Setelah Komisi Kejahatan dan Narkotika PBB memutuskan tentang reklasifikasi isue legalisasi ganja makin vulgar.

Isue ganja di Thailand

Isue legalisasi ganja menggunakan terminologi ganja medis karena negara tersebut memang ingin menjadi negara pertama di kawasan Asean untuk memanfaatkan ganja untuk kepentingan obat.

Itu sebabnya setelah sidang CND di Wiena, tanpa menunggu lama Thailand segera memanfaatkan reklasifikasi ganja dan mengubah UU narkotikanya, semula ganja termasuk golongan narkotika “paling berbahaya” sehingga tidak digunakan untuk kepentingan medis menjadi golongan narkotika “dilarang” sehingga boleh diteliti dan digunakan untuk kepentingan medis.

Secara yuridis kepemilikan ganja di Thailand tetap dilarang, hanya untuk tujuan medis atau penelitian dalam rangka pemanfaatan ganja untuk kepentingan medis, namun pemberitaan di media sosial isue legalisasi ganja lebih menonjol seakan akan ganja legal beneran.

Isue Ganja di Indonesia

Isue ganja medis menguat ketika Santi Warastuti melakukan demo saat car free day, menyerukan ganja medis untuk kepentingan pengobatan anaknya yang menderita sakit.

Sesungguhnya yang diperlukan Santi Wirastuti tidak ada hubungannya dengan legalisasi ganja, tetapi justru berhubungan keperluan obat berbahan ganja bagi anaknya yang menderita sakit.

Menguatnya isue ganja medis di Indonesia karena CND dalam sidang bulan desember tahun 2020 telah melakukan reklasifikasi ganja dan adanya masarakat yang menginginkan ganja dilegalkan.

Makna reklasifikasi ganja adalah ganja boleh ditanam dan diolah oleh industri farmasi menjadi obat untuk kepentingan medis atas ijin pemerintah terbatas untuk pelayanan pengobatan.

Namun, tuntutan Santi Wirastuti lewat media sosial “terasa” seakan akan menuntut dilakukan legalisasi ganja, padahal faktanya ganja seluruh dunia hingga saat ini dilarang ditanam dan digunakan langsung oleh masarakat, kecuali ditanam secara terbatas untuk kepentingan kesehatan itupun harus ijin pemerintah.

Sebenarnya apa yang dilakukan Santi Warastuti adalah tuntutan kehadiran industri farmasi Indonesia agar dapat membuat obat berbahan ganja untuk kebutuhan obat dalam negeri dan kalau bisa diexport.

Tuntutan kehadiran farmasi indonesia Ini lah yang mesti disikapi oleh pembuat UU mengingat CND telah mereklasifikasi ganja bahwa ganja dilarang, tetapi boleh digunakan untuk kepentingan industri farmasi masing masing negara, bukan kepentingan perorangan.

Permasalahnya ganja di Indonesia sesungguhnya adalah permasalahan reklasifikasi ganja dalam UU no 35 tahun 2009 tentang narkotika agar satu aligment dengan keputusan CND.

Karena ganja sampai sekarang masih tercantum dalam golongan I pasal 6 UU no 35 tahun 2009 tentang narkotika, yang berarti ganja dilarang ditanam di Indonesia apalagi diteliti dan digunakan untuk kepentingan pembuatan obat,

Atas permasalahan tersebut di media sosial justru isue ganja medis menjadi menonjol yang dapat diartikan ganja bisa ditanam masarakat dan langsung bisa digunakan untuk pengobatan. Nah ini bahayanya di era post truth ini.

Pembuat UU harus hati hati.

Usulan tentang refisi UU no 35 tahun 2009 tentang narkotika menguat dengan isue ganja medis perlu disikapi dengan kehati hatian oleh pembuat UU.

Pembuat UU harus memahami hukum narkotika yang dibangun berdasarkan konvensi konvensi internasional yang telah diratifikasi oleh pemerintah sebagai UU yang menjadi sumber hukum dibuatnya UU narkotika di Indonesia.

Diantaranya UU no 8 tahun 1976 tentang pengesahan konvensi tunggal narkotika,1961 beserta protikol yang merubahnya bahwa ganja masuk golongan narkotika yang dilarang digunakan untuk kepentingan obat.

UU tersebut menjadi dasar dibuatnya UU no 35 tahun 2009 tentang narkotika sehingga ganja masuk klasifikasi narkotika paling berbahaya masuk dalam golongan I .

Baru pada sidang CND desember 2020 yang lalu, ganja secara global diturunkan klasifikasinya dari golongan narkotika paling berhahaya menjadi dilarang tetapi secara khusus boleh ditanam dan digunakan hanya untuk kepentingan obat.

Itu sebabnya dalam proses refisi UU no 35 tahun 2009 tentang narkotika mengenai ganja yang sekarang sedang berlangsung, menurut saya mau tidak mau pembuat UU harus menyesuaikan dengan hasil sidang CND desember 2020 agar industri farmasi indonesia tidak ketinggalan kereta dan masarakat yang mendapatkan ijin untuk menanam ganja untuk kepentingan industri farmasi mendapat manfaat.

Dan ganja tetap dilarang. Salam anti penyalahgunaan dan peredaran gelap narkotika. Rehabilitasi penyalah gunanya dan penjarakan pengedarnya.

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