Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat

(1) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(2) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia
(3) Fakultas Hukum Universitas Pattimura, Ambon, Indonesia

Abstract
Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.
Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.
Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.
Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.
Keywords
DOI
10.47268/tatohi.v4i8.2471
Published
2024-10-31
How To Cite
@article{TATOHI2471, author = {Abdul Amtsal and Theresia Pesulima and Agustina Balik}, title = {Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat}, journal = {TATOHI: Jurnal Ilmu Hukum}, volume = {4}, number = {8}, year = {2024}, keywords = {Due Care Principles; Manufacturers; Responsibilities}, abstract = {Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law.}, issn = {2775-619X}, pages = {625--634} doi = {10.47268/tatohi.v4i8.2471}, url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2471} }
Agustina Balik, Vica Jilyan Edsti Saija, Tanggung Jawab Pemerintah Dan Pelaku Usaha Makanan Siap Saji Terkait Penggunaan Wadah Plastik Yang Berbahaya Bagi Konsumen Di Kota Ambon, Jurnal Sasi, Vol.23, No.2, Juli-Desember, 2017.
Andi Hamzah, Kamus Hukum, Ghalia Indonesia, Jakarta, 1986.
Elfahmi Herman, Prinsip-Prinsip Hukum Perlindungan Konsumen, Gramedia, Jakarta, 2016.
Grady N, Tanggung Gugat Pelaku Usaha Otomotif Atas Kerugian Konsumen Akibat Cacat Desain, Jurnal Patrika, Vol.44, No.1, Jakarta, 2022.
Nurbaiti, S, Aspek Yuridis Mengenai Product Liability Menurut Undang-Undang Perlindungan Konsumen (Studi Perbandingan Indonesia-Turki), Jurnal Hukum Prioris, Vol.3, No.2, 2013.
Pieris, J & Widiarty, W. S, Negara Hukum dan Perlindungan Konsumen, Pelangi Cendekia, Jakarta, 2007.
Sudewi, N.K.A.P.A., I Nyoman, P.B., dan Ni, M.P.U, Perlindungan Hukum Badan Pengawas Obat dan Makanan (BPOM) Terhadap Peredaran Produk Jamu yang Mengandung Bahan Kimia Obat Berbahaya, Jurnal Analogi Hukum, Vol.2, No.2, h. 26-27.
Theresia Louize Pesulima, Jenny K Matuankotta, Sarah S Kuahaty, Perlindungan Konsumen Terhadap Peredaran Produk Kesehatan Ilegal Di Era Pandemik Covid-19 Di Kota Ambon, Jurnal Sasi, Vol.27, No.2, April-Juni 2021, h.2-3.
Wulan Sutantio, Prinsip-Prinsip Dalam Hukum Perdata, Mandar Maju, Bandung, 2009, h.56.
BPOM:Obat-Sirup-yang-dilaporkan-Kemenkes,-yang-Mengandung-Etilen-Glikol(kompas.com).
Terbaru, Kemenkes Rilis Daftar 8 Obat Sirup Mengandung Etilen Glikol (kompas.com).
https://health.kompas.com/read/2022/11/04/103200468/who-terbitan-peringatan-8-obat-sirup-mengandung-etilen-glikol-yang-dilarang.
Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Penerapan Prinsip Due Care Oleh Produsen Terhadap Peredaran Obat Di Masyarakat |
2. | Creator | Author's name, affiliation, country | Abdul Amtsal; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Theresia Louize Pesulima; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
2. | Creator | Author's name, affiliation, country | Agustina Balik; Fakultas Hukum Universitas Pattimura, Ambon; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Due Care Principles; Manufacturers; Responsibilities |
4. | Description | Abstract | Introduction: Due care principle or the principle of prudence is a principle that must be applied by producers in producing goods or services in order to ensure that the products produced are really safe for consumption.Purposes of the Research: The purpose of this study is to find out and explain the application of the due care principle by manufacturers to the circulation of drugs in the community as well as the responsibility of manufacturers for syrup drugs containing harmful compounds.Methods of the Research: The research method used in this writing is a normative juridical research method with a legislative approach, a case approach and a conceptual approach, to answer the problems raised.Results of the Research: The results of this study can be concluded that the application of the Due Care Principle by manufacturers to drug circulation in the community underlines the importance of manufacturers being more careful in maintaining quality and safety in producing and distributing drugs. This includes testing and surveillance, reporting and transparency, distribution chains, and vigilance against contamination of a drug product. And manufacturers who produce syrup drugs containing harmful compounds can be requested strict liability based on Article 19 of the Consumer Protection Law. |
5. | Publisher | Organizing agency, location | Faculty of Law Pattimura University |
6. | Contributor | Sponsor(s) | Universitas Pattimura |
7. | Date | (YYYY-MM-DD) | 2024-10-31 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2471 |
10. | Identifier | Digital Object Identifier | 10.47268/tatohi.v4i8.2471 |
11. | Source | Title; vol., no. (year) | TATOHI: Jurnal Ilmu Hukum; Vol 4, No 8 (2024): Volume 4 Nomor 8, Oktober 2024 |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : TATOHI: Jurnal Ilmu Hukum is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2024 Abdul Amtsal, Theresia Louize Pesulima, Agustina Balik
License URL: https://creativecommons.org/licenses/by-nc/4.0