PENJATUHAN PIDANA TERHADAP PELAKU MEMPERDAGANGKAN BARANG YANG TIDAK SESUAI STANDAR (Studi Kasus Perkara Nomor 607/Pid.Sus/2019/PN.PDG)

Abstract

ABSTRACK Selling products that are not in accordance with the provisions is a criminal act that violates Article 62 paragraph 1 Jo Article 8 paragraph 1 letters a, b and c of Law No. 8 of 1999 concerning consumer protection. An example of a decision case no. 607/PID.SUS/2019/PN.PDG the formulation of the problem: 1) How is the punishment for the defendant who trades products that are not in accordance with the standards in the decision no. 607/Pid.Sus/2019/PN.PDG? 2) What are the considerations made by the judge in giving punishment to the defendant who traded goods that were not in accordance with the standards in decision no. 607/Pid.Sus/2019/PN.PDG? The type of study used is normative juridical. In this study, the data source comes from secondary data which includes tertiary, primary and secondary legal materials. The data collection method is carried out by document study, the data that has been collected will be analyzed using qualitative methods. The conclusions are: 1) The criminal punishment given by the perpetrator in decision no. 607/PID.SUS/2019/PN.PDG, 2) The judge's consideration in a juridical way is in accordance with the indictment of the public prosecutor, information from the defendant, information from witnesses, evidence , rules that are violated and non-juridical considerations in the form of mitigating and burdensome matters.