<![CDATA[The right to health is a human right guaranteed by the constitution and operationalized through Law Number 17 of 2023 concerning Health. In the national health system, pharmacists play a crucial role as gatekeepers in the distribution of prescription drugs, particularly antibiotics, to prevent drug abuse and mitigate the risk of antimicrobial resistance (AMR). However, the practice of selling antibiotics without a doctor's prescription remains widespread, indicating a gap between strict regulations and implementation in the field. This study aims to analyze the urgency and construction of pharmacists' criminal liability for selling antibiotics without a doctor's prescription based on the positive legal framework in Indonesia. This study uses a normative legal method with a statutory approach and a conceptual approach. Secondary data covering primary, secondary, and tertiary legal materials are processed qualitatively through prescriptive analysis techniques to interpret pharmacists' professional obligations in the context of public health protection. The results show that pharmacists have an absolute legal obligation to conduct prescription reviews and pharmaceutical services according to standards to ensure the safety, quality, and efficacy of drugs. Dispensing antibiotics without a doctor's prescription violates Article 138 of Law Number 17 of 2023, as it involves distributing pharmaceutical preparations that do not meet safety requirements. Legally, this action is subject to criminal liability under Article 435 of Law Number 17 of 2023, with a maximum prison sentence of 12 years or a maximum fine of IDR 5,000,000,000.00 (five billion rupiah). This sanction serves as a firm law enforcement instrument to ensure pharmacists' compliance with professional standards and protect the public from the fatalities of inappropriate drug use.Keywords: Pharmacist, Antibiotics, Criminal Liability, Pharmaceutical Services.]]>
