Unes Journal of Swara Justisia (Sep 2019)

PENEGAKAN HUKUM PADA TINGKAT PENYIDIKAN TERHADAP PELAKU TINDAK PIDANA PENGEDARAN SEDIAAN FARMASI TANPA IZIN DI KOTA SOLOK

  • Defrianto Defrianto,
  • Wirna Rosmely

Journal volume & issue
Vol. 3, no. 2

Abstract

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Article 197 Law number 36 of 2009 concerning Health stipulates that "every person who intentionally produces or distributes pharmaceutical preparations and / or medical devices that do not have a distribution permit is given criminal sanctions and fines". For this matter, it is necessary to grant permits in the distribution of pharmaceutical preparations, to protect the public from pharmaceutical preparations that do not meet the requirements, protect the public from misuse and misuse of pharmaceutical preparations and medical devices. This needs supervision from the Police in supervising pharmaceutical preparations, this is done by Satreskrim Solok City Police, who have received a Police Report from the community on December 13, 2016. This research is a descriptive analytical study. Adapaun the results of research on law enforcement at the level of investigation of perpetrators of criminal acts of distribution of pharmaceutical preparations without permission in the city of Solok occurred in the report on December 13, 2016, after the report was received, Satok District Police issued LP / 89 / A / XII / 2016-SEKTA, then Investigation, Investigation, Examination of witnesses, Information of Experts, Suspects and determining the elements of the Criminal Act which are suspected of being violated by the suspect. Secondly, the obstacle encountered by Solres Kota police in law enforcement against criminal acts circulating pharmaceutical preparations without permission in Solok City: a) Limited budget funds; b) Number of Investigators who are not balanced with the breadth of work area; c) Modus Operandi carried out by the perpetrator is always changing; d) Other agencies that are less cooperative; e) expert witnesses are difficult to bring; and f) Difficulties in bringing and presenting witnesses concerned with cases of pharmaceutical preparations without permission to eat the old procedure, because there are several witnesses who do not want to come or even not be asked to be questioned by members of the auxiliary investigators who examine. Third, efforts to overcome the obstacles in law enforcement against criminal acts circulating pharmaceutical preparations without permission in the city of Solok, by making repressive efforts and Preventive efforts.

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