CD Skripsi
Analisis Yuridis Pertanggungjawaban Pidana Terhadap Perusahaan Yang Memproduksi Obat Berbahaya Bagi Masyarakat Dalam Hukum Pidana Indonesia
ABSTRAK
In its development, drugs are often misused by parties who have no
responsibility and only seek financial gain, without considering the welfare and
safety of consumers. One such action is carried out by companies that produce
medicines containing dangerous ingredients which then circulate in the
community. In the Indonesian legal system, various laws have regulated criminal
liability for corporations, but the regulations vary and reflect ambiguity in legal
policy, such as in terms of definition, scope of criminal acts, and types of
punishment that can be imposed on corporations. The lack of consistency in the
regulation of corporate criminal liability in various laws is one of the main
obstacles in carrying out law enforcement with the aim of tackling criminal acts
involving corporations. The purpose of writing this thesis is: first to describe
criminal liability for companies that produce drugs that are dangerous to society
in Indonesian criminal law. secondly, to describe the weaknesses in the law
regarding criminal liability for companies that produce drugs that are dangerous
to society in Indonesian criminal law.
The type of research being carried out is normative legal research. In this
research, research is carried out on legal principles. Researchers here use the
principle of legal certainty. The data source used is a secondary data source,
which consists of primary data, secondary data and tertiary data. The data
collection method used is literature study.
From the results of the research conducted by the author, it can be
concluded that, firstly, pharmaceutical companies that produce drugs containing
dangerous substances can be held criminally liable, but the implementation of
criminal liability for companies that produce drugs containing dangerous
substances here experiences several obstacles, including weaknesses in the Health
Law and The Consumer Protection Law and the negligence of the BPOM agency
make it difficult for law enforcement officials to determine corporate error.
Second, there are several weaknesses in the law regarding criminal liability for
companies that produce drugs containing dangerous substances. There is a need
to update the regulations by detailing the criteria that determine when a criminal
act can be attributed to a corporation and more firmly determining the sanctions
that will be imposed on corporations in such cases.
Keywords: Criminal Liability - Pharmaceutical Companies - Producing
Dangerous Drugs.
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