PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU USAHA PERDAGANGAN YANG TIDAK MELENGKAPI LABEL BAHASA INDONESIA (Studi Putusan No : 696/Pid.Sus/2018/PN Pdg)

Abstract

ABSTRAK

To include a label that does not supplement the Indonesian language on domestic goods is regulated in Article 104 in conjunction with Article 6 paragraph (1) of the Law of the Republic of Indonesia Number 7 of 2014 concerning Trade. The criminal act that occurred in the decision Number: 696 / Pid.Sus / 2018 / PN Pdg, Defendant JS was proven to have legally committed a criminal act by intentionally trading goods in the country that did not complete the Indonesian label. Formulation of the problem: (1) What is the criminal liability of the trading business actors who do not complete the Indonesian label on the decision Number: 696 / Pid.Sus / 2018 / PN Pdg? (2) What is the judge's consideration of the criminal act of a trade business actor who does not complete the Indonesian label on the decision Number: 696 / Pid.Sus / 2018 / PN Pdg? This type of research uses normative legal research. Source of data used secondary data consisting of primary, secondary and tertiary legal material. Data collection techniques using document studies and data analyzed qualitatively. The results of the research show: (1) Defendant JS dropped the first indictment Article 197 jo Article 106 paragraph (1) of the Republic of Indonesia Law No. 36/2009 concerning Health and the second indictment Article 104 of the Republic of Indonesia Law Number 7 of 2014 concerning Trade with imprisonment 11 (eleven) months and a fine of Rp.15,000,000. (2) Judge's consideration, the decision that has been determined by the judge is considered first with juridical consideration and non-juridical consideration.

Keywords: Liability, Criminal, Perpetrators, Trade