A legal analysis traces cannabis use in Indonesia from 14th-century Aceh to modern Constitutional Court rulings, arguing that current punitive policies conflict with human rights principles and historical cultural practice.
International drug policy researchers, legal scholars studying cannabis reform, Southeast Asian policy analysts.
Cannabis has been part of Indonesian culture since the 14th century, but modern law criminalizes it
What the researchers found
Cannabis has been integrated into Indonesian cultural practices since the 14th century in Aceh for medicinal, ceremonial, and agricultural purposes. Two Constitutional Court decisions (No 106/PUU-XVIII/2020 and No 13/PUU-XXII/2024) have addressed the tension between strict prohibition and evolving societal needs. The transformation from acceptance to prohibition was driven by colonial-era legal structures and religious values.
Why it matters
Indonesia's cannabis debate reflects tensions present in many countries between traditional cultural practices, colonial-era drug laws, religious values, and evolving scientific understanding. The Constitutional Court cases represent concrete legal challenges to prohibition from a human rights perspective.
The numbers in context
Cannabis use in Indonesia traced to 14th century; two Constitutional Court rulings analyzed (2020 and 2024); cases of Fidelis Ari Sudarwoto and Santi Warastuti cited as catalysts for national discourse.
How the study worked
Legal and historical analysis examining the moral and human rights dimensions of Indonesia's cannabis policy, reviewing Constitutional Court rulings and proposing an alternative moral framework grounded in human rights, legal ethics, and scientific evidence.
What this study cannot tell us
Legal and historical analysis rather than empirical research. Advocacy-oriented framing may present a one-sided perspective. Does not systematically assess public health evidence for or against legalization. Limited to Indonesian legal context.
How to read the evidence
Preliminary: Legal and historical analysis rather than empirical research, providing a scholarly argument rather than quantitative evidence.
When this study was published
Published in 2025, covering historical and contemporary policy.
The bigger picture
As more countries reconsider cannabis policy, Indonesia's situation highlights the unique challenges faced by nations with both deep historical cannabis traditions and strong prohibitionist legal frameworks rooted in colonial and religious influences.
Questions still open
- Will future Constitutional Court decisions open the door to medical cannabis in Indonesia? How do other Southeast Asian nations with similar colonial-era drug laws approach cannabis reform? What role should historical cultural practice play in modern drug policy?
Common questions
How was cannabis used historically in Indonesia?
What are the Indonesian Constitutional Court cases about?
Read the original research
From rejection to recognition: Human rights, morality, and the future of Marijuana policy in Indonesia.
The International journal on drug policy, 140, 104817
Citation
Natalis, Aga; Sembiring, Adventi Ferawati; Handayani, Emy. (2025). From rejection to recognition: Human rights, morality, and the future of Marijuana policy in Indonesia.. The International journal on drug policy, 140, 104817. https://doi.org/10.1016/j.drugpo.2025.104817