ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA TERHADAP PERUSAHAAN YANG MEMPRODUKSI OBAT BERBAHAYA BAGI MASYARAKAT DALAM HUKUM PIDANA INDONESIA

Abstract

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.