PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA TIDAK MEMILIKI IZIN USAHA PERDAGANGAN BAHAN BERBAHAYA (B2) (StudiPerkaraNomor 249/Pid.Sus/2020/PN.Pdg)

Abstract

ABSTRACT The dangerous material trading business license has been regulated in Article 106 of Law no. 7 of 2014 concerning Trade. Defendant R had sold and bought mercury without permission to trade it illegally to gold miners, as stipulated in Decision Number: 249 / Pid.Sus / 2020 / PN.Pdg. The formulation of the problems in this research: 1) What is the criminal responsibility for business actors who do not have a hazardous material trading business license (B2) in the Padang District Court Decision No: 249 / Pid.Sus / 2020 / PN.Pdg. 2) What are the judges' considerations in imposing crimes against business actors who do not have a dangerous material trading business license (B2) in the Padang District Court Decision No: 249 / Pid .Sus / 2020 / PN.Pdg. This study uses a normative juridical approach. The data source used is secondary data which includes primary, secondary and tertiary legal materials. Data were collected by collecting documents, data and qualitative analysis. The results of the research are: (1) The criminal responsibility that has been handed down by the judge is in accordance with the provisions in Article 106 of Law no. 7 of 2014 concerning Trade. (2) The judge's consideration in imposing a sentence is in accordance with the testimony of witnesses and existing evidence, which allows the judge to consider and decide both juridical and non-juridical considerations. Keywords: Liability, Criminal, Material, Dangerous