REFORMULASI PENGATURAN SANKSI PIDANA BAGI PELAKU USAHA YANG MELAKUKAN PENIMBUNAN BAHAN PANGAN PADA SAAT TERJADI KELANGKAAN BARANG

Abstract

The act of hoarding food is a criminal act that has an economic motive, so it is a form
of crime, because it is detrimental to society and the State. Business actors who commit these
acts will be subject to penalties and sanctions in accordance with Law Number 7 of 2014
concerning Trade and Law Number 18 of 2012 concerning Food. In the regulation of sanctions
in this law, there are no specific minimum sanctions regulations so that in their decisions
judges can impose criminal sanctions that are too light. Therefore, the aim of this thesis
research is first, to determine the need to reformulate the regulation of criminal sanctions
against individual business actors who hoard food when there is a shortage of goods in the
future. Second, to formulate relevant forms of criminal sanctions against business actors who
hoard food when there is a shortage of goods in the future.
This type of research can be classified into a type of normative legal research. In this
type of legal research, law is often conceptualized as what is written in statutory regulations
or laws. Therefore, the first source of data is only secondary data, which consists of primary
legal material, secondary legal material and tertiary data.
From the results of this research, the first result was obtained, namely the need to
reformulate the regulation of sanctions against perpetrators of criminal acts of food hoarding
in Article 107 of Law Number 7 of 2014 concerning Trade and Article 133 of Law Number 18
of 2012 concerning Food. These two articles are not listed. special minimum criminal threat,
then in his decision the judge does not have a reference in giving a decision so that the
perpetrator of a criminal act can be given a sanction that is too light. Second, regulation of
relevant criminal sanctions for business actors who commit criminal acts of food hoarding
with efforts to reform Indonesian criminal law, namely by including special minimum criminal
sanctions in the form of imprisonment for a minimum of 1 (one) year.
Keywords: Reformulation, Business Actors, Food Hoarding.