PERTANGGUNGJAWABAN PIDANA BAGI PELAKU YANG MELAKUKAN PENJUALAN OBAT TANPA IZIN EDAR YANG MENYEBABKAN KERUSAKAN PADA BAGIAN TUBUH MANUSIA (Studi Perkara No. 54/ Pid. Sus/ 2013/ PN.PRM)

Abstract

ABSTRACT

Article 197 of Law 36 of 2009 concerning Health states that every person who deliberately produces or circulates pharmaceutical preparations and / or medical devices that do not have a circulation permit as referred to in Article 106 paragraph (1) shall be sentenced to a maximum of 15 years imprisonment and a maximum fine of Rp1,500,000,000.00. The Pariaman District Court, which had handled criminal cases of the distribution of pharmaceutical preparations from the hands of the defendant, found 15 types of hard drugs on the shelves inside the drugstore. Problems: 1). What is the form of criminal liability for treatment without marketing permission in case No. 54 / Pid. Sus / 2013 / PN.Prm? 2). What is the judge's consideration in imposing a criminal No. 54 / Pid. Sus / 2013 / PN.Prm? This study uses a normative approach. The data source used was secondary data consisting of primary, secondary and tertiary legal materials. Data collected by document study. Data were analyzed qualitatively. Conclusion 1). Form of criminal liability for treatment without marketing authorization, namely the judge imposes a fine of Rp. 2,500,000, - criminal acts of producing or distributing drugs that are not in accordance with drug standards are regulated in Article 197. 2). The Panel of Judges considers the things that are burdensome; Defendant's actions have the potential to endanger the health of others; Lightening things; The defendant has never been punished; The defendant acknowledged his actions so as to expedite the proceedings;.

Keywords: Accountability, Criminal, Drug, Circular Permit.