PENERAPAN PIDANA TERHADAP TINDAK PIDANA PENGEDARAN PANGAN ILEGAL (Studi Kasus Nomor 118/Pid.Sus/2016/PN Pdg.)

Abstract

ABSTRACT

Illegal food distribution is regulated in Article 142 of Law Number 18 of 2012 concerning Food. Food businesses that intentionally do not have a marketing permit for any processed food made domestically or imported for trading in retail packaging are subject to a maximum of 2 years imprisonment or a maximum fine of 4 billion rupiah. One of the cases of illegal food distribution that has been decided by the Padang District Court is a case with Case Number: 118 / Pid.Sus / 2016 / PN Pdg. Formulation of the problem: (1) what is the application of crime in the case of criminal acts against illegal food distribution? (2) What is the judge's consideration in imposing a crime on the perpetrators of illegal food distribution? This study used a normative approach. Data sources used secondary data. Data was collected by documentary study and then analyzed qualitatively. Conclusion of research results: (1) Judges decide that the defendant has proven to have violated Article 142 of Law Number 18 of 2012 concerning Food. The defendant was found guilty and sentenced to a fine of Rp.5,000,000.00 (five million rupiahs) with the stipulation that if the fine was not paid by the subsidiary for 3 (three) months of imprisonment. (2) Before the judge makes a decision, the judge first considers various aspects, namely juridical and sociological.

Keywords: application, criminal, circulation, food