Kajian Hukum Terhadap Tindak Pidana Mengedarkan Obat Yang Tidak Memiliki Izin Edar (Studi Putusan Nomor : 1131/Pid.Sus/2018/Pn.Mdn)

Abstract

Countries that are based on law put the law as the highest (supreme) so that one of the terms that have been conveyed above appears, namely the rule of law. The rule of law itself cannot ignore 3 (three) basic legal ideas namely; justice, certainty, and expediency. Crimes in the pharmaceutical field, which are related to drug trafficking without marketing authorization, have occurred in many regions in Indonesia. The rise of the circulation of illegal drugs proves that Indonesia's defense is still weak from the invasion of things that endanger the community. Research with the title "Legal Review of Criminal Acts Circulating Drugs that do not Have a Circular by conducting Decision Study Number: 1131 / Pid.Sus / 2018 / PN.Mdn has the formulation of the problem of how the legal regulations regarding drug distribution licenses, and how the role of government in acts criminal distribution of drugs that do not have a marketing authorization, how is the Judge's consideration in deciding the crime of distributing drugs that do not have a marketing authorization. The type of research chosen in the preparation of this thesis is normative research. The nature of the research used in writing this thesis is descriptive approach to normative legal research. Data will be analyzed by qualitative methods. Based on data analysis conducted Legal arrangements regarding drug distribution licenses are in the Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency Number HK.00.05.1.23.3516 Concerning Circulation of Drug Products, Traditional Medicines, Cosmetics, Food Supplements, and Food Sourced, Containing , Of Certain Ingredients and Or Containing Alcohol, Law No. 8 of 1999 concerning Consumer Protection, Regulation of the Head of the Republic of Indonesia Drug and Food Supervisory Agency No. 24 of 2017 concerning Criteria and procedures for drug registration. Presidential Regulation (Perpres) Number: 80 of 2017 concerning the Food and Drug Supervisory Agency (BPOM).