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All Journal Law Research Review Quarterly Indonesia Media Law Review
Sari, Chatrin Intan
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Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is? Sari, Chatrin Intan
Law Research Review Quarterly Vol 7 No 4 (2021): L. Research Rev. Q. (November 2021) "The Intersection of Law and Politics in Vari
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v7i4.48184

Abstract

The purpose of this study is to know how the legal protection for consumers on the circulation of nonofficial drugs, and how the accountability of business actors on the circulation of nonofficial drugs. The method used in this research is the normative legal approach. This research found that legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food (BPOM). The BPOM shows the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 of 1999 concerning Consumer Protection. The fulfillment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the Law is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 of2009 on Health. It is also found that the business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods.
Consumer Protection on Nonofficial Drugs Case in Indonesia: How Far the Legal Protection is? Sari, Chatrin Intan
Law Research Review Quarterly Vol 7 No 4 (2021): L. Research Rev. Q. (November 2021) "The Intersection of Law and Politics in Vari
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v7i4.48184

Abstract

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method this study found that the legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food. The Agency highlighted that the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfilment of consumer rights over security, the right to be heard, the correct, clear, and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods.
Consumer Protection on Illegal Drugs Cases in Indonesia Sari, Chatrin Intan
Indonesia Media Law Review Vol 1 No 1 (2022): January-June, 2022
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v1i1.56678

Abstract

The purpose of this study is to know how the legal protection for consumers on the circulation of illegal drugs and how the accountability of business actors on the circulation of illegal drugs. By using normative juridical research method is concluded: 1. Legal protection to consumers on the circulation of illegal drugs conducted by the government through the Agency of Drugs and Food (BPOM). With this BPOM shows the attention that the government has run its supervision. In addition, the protection of consumer law arising from the existence of rights and obligations set forth in Article 4 letters a and c, article 7 letters a and d, article 8 paragraph 1 letter a, d and e of Law Number 8 Year 1999 concerning Consumer Protection. The fulfillment of consumer rights over security, the right to be heard, the correct, clear and honest information regulated in the UUPK is still not fulfilled. Article 98 paragraph 2, Article 106 paragraph 1 and 2 of Law Number 36 Year 2009 on Health. 2. The business actor is responsible as the manufacturer of the goods because the importer of the goods is not an agent or official importer. The business actor who is an individual shall be liable for the losses incurred even if only as an importer not as a producer of the goods. Related to the violation of Article 8 paragraph 1 letter a, d and e then based on Article 62 paragraph 1 Laws that sanctions may be subject to imprisonment a maximum of five years or a maximum fine of Rp. 2,000,000,000 (two billion rupiah). It is thus a legal basis which can be worn by consumers as a form of accountability, addressed to businessmen illegal drugs is a criminal sanction sebagimana governed by article 62 paragraph 1 of BFL.
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