TINJAUAN YURIDIS KRIMINOLOGIS TERHADAP TINDAK PIDANA PEMALSUAN OBAT

P, Rickky Humehe (2006) TINJAUAN YURIDIS KRIMINOLOGIS TERHADAP TINDAK PIDANA PEMALSUAN OBAT. S1 thesis, UAJY.

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Abstract

In the development of society and it's relation to the criminal law if perceived from juridical point of view, there are a lot of kinds of crimes. One of them is medicine's imitating criminal action. If it perceived from formal juridical criminal action of medicine imitating is ruled in Article 386 paragraph 1 KUHP. Criminal action of medicine imitating is one of crimes that hard to reveal. The experts that major the pharmaceutical knowledge faces difficulties in differentiating whether pure and imitation medicine. Thus it needs precise consideration in differentiating whether the pure and the imitating medicine. The trait of such crimes often leads a lot of difficulties to the apparatus of legal upholder in conducting investigation or introspection. The doer of criminal action of medicine imitating need to be followed up by apparatus of legal upholder in this case the accused that involved and could be punished by legal sanction, i.e. for the maker, distributor, and sellers. The reason for deciding of the sanction i.e. the maker, distributor, and sellers is perceived know about the presence of criminal action, thus the sanction could be decided for every doer appropriate with its capacity in conducting crimes. The criminal action of medicine imitating is related to the permit on producing medicine and also its distribution in society, with the control of its distribution. Concerned with happened legal case, the weakness of apparatus of legal upholder in investigating about the doer of criminal action of medicine imitating could be caused by the loose of deciding punishment for the doer of criminal action of medicine imitating. It is could be seen and be proven, since April 1.999 to July 2000, from 426 cases of medicine imitating, those that had been reported are only 7 cases that reach in. the face of the court, and also the punishment to be given is only by paying fee as much 200 thousands of rupiahs to 250 thousands of rupiah or the jail punishment for two months. Even the doer of criminal action of medicine imitating that had been caught then to be set free anymore. The information about the doer of criminal action. of medicine imitating is not only interesting for our opinion, however it also related with the feeling of peace in consuming medicine that available and also lead any questions about the legal upholding to the doer of criminal action of medicine imitating.

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