Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription

Yoshua Andres Kabanga; Margie Gladies Sopacua; Judy Marria Saimima

doi:10.47268/tatohi.v4i11.2843

Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription

Yoshua Andres Kabanga⁽¹⁾, Margie Gladies Sopacua⁽²⁾, Judy Marria Saimima⁽³⁾

(1) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(2) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
(3) Faculty of Law, Universitas Pattimura, Ambon, Indonesia
email

Corresponding Author

Abstract

Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.

Purposes of the Research: To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.

Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.

Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 & Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers. (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem.

Keywords

Criminal Law Policy; Countermeasures; Illegal Distribution of Prescription Drugs.

DOI

10.47268/tatohi.v4i11.2843

Published

2025-01-31

How To Cite

APA: Kabanga, Y., Sopacua, M., & Saimima, J. (2025). Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription. TATOHI: Jurnal Ilmu Hukum, 4(11), 886-896. DOI: https://doi.org/10.47268/tatohi.v4i11.2843.

IEEE: Y. Kabanga, M. Sopacua, and J. Saimima, "Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription", TATOHI J. Ilmu Huk., vol. 4, no. 11, pp. 886-896, Jan. 2025. Accessed on: Apr. 28, 2025. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v4i11.2843

Harvard: Kabanga, Y., Sopacua, M., and Saimima, J., (2025). "Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription". TATOHI: Jurnal Ilmu Hukum, Volume 4(11), pp. 886-896. [Online]. Available DOI: https://doi.org/10.47268/tatohi.v4i11.2843 (Accessed on: 28 April 2025)

Chicago: Kabanga, Yoshua Andres, Margie Gladies Sopacua, and Judy Marria Saimima. "Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription." TATOHI: Jurnal Ilmu Hukum 4, no. 11 (January 31, 2025): 886-896. Accessed April 28, 2025. doi:10.47268/tatohi.v4i11.2843

Vancouver: Kabanga Y, Sopacua M, Saimima J. Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription. TATOHI J. Ilmu Huk. [Internet]. 2025 Jan 31 [cited 2025 Apr 28];4(11):886-896. Available from: https://doi.org/10.47268/tatohi.v4i11.2843

MLA 8th: Kabanga, Yoshua Andres, Margie Gladies Sopacua, and Judy Marria Saimima. "Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription." TATOHI: Jurnal Ilmu Hukum, vol. 4, no. 11, 31 Jan. 2025, pp. 886-896, doi:10.47268/tatohi.v4i11.2843. Accessed 28 Apr. 2025.

BibTeX:

@article{TATOHI2843,
		author = {Yoshua Andres Kabanga and Margie Gladies Sopacua and Judy Marria Saimima},
		title = {Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription},
		journal = {TATOHI: Jurnal Ilmu Hukum},
		volume = {4},
		number = {11},
		year = {2025},
		keywords = {Criminal Law Policy; Countermeasures; Illegal Distribution of Prescription Drugs.},
		abstract = {Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.Purposes of the Research:  To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 &amp; Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers.  (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem.},
				issn = {2775-619X},		pages = {886--896}			doi = {10.47268/tatohi.v4i11.2843},
				url = {https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2843}
		}

RefWorks:

Citation format: Download Citation:

Baharuddin Yusuf, Christina Avanti, (2020), Cara Distribusi Obat yang Baik (CDOB) dan Implementasinya oleh Pedagang Besar Farmasi (PBF) di Kota Banjarmasin Banjarbaru Tahun 2019, Jurnal Pharmascience, Vol. 07, No. 02, p. 58-74.

J. M. Saimima, R.G.I. Matrutty, Tinjauan Yuridis Pelaksanaan Persidangan Perkara Pidana Daring Pada Pandemi Covid-19 Dikaitkan Dengan Asas Pengadilan Terbuka Untuk Umum, Jurnal Belo, 7(1), 2021, p. 98. DOI: https://doi.org/10.30598/belovol7issue1page96-112

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Dublin Core		PKP Metadata Items	Metadata for this Document

1.	Title	Title of document	Criminal Law Policy in Efforts to Combat the Illegal Distribution of Hard Drugs Without a Doctor's Prescription

2.	Creator	Author's name, affiliation, country	Yoshua Andres Kabanga; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Margie Gladies Sopacua; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

2.	Creator	Author's name, affiliation, country	Judy Marria Saimima; Faculty of Law, Universitas Pattimura, Ambon; Indonesia

3.	Subject	Discipline(s)

3.	Subject	Keyword(s)	Criminal Law Policy; Countermeasures; Illegal Distribution of Prescription Drugs.

4.	Description	Abstract	Introduction: Nowadays, there are many irregularities related to the Health Act. The urgency of problem solving arising from medication errors is very great because one type of medication error, namely administration error, ranks first compared to other types of medication errors. With the percentage of administration errors amounting to 81.32% of errors related to medical administration that occur in Indonesia.Purposes of the Research: To understand and explain the juridical responsibility that must be imposed on the perpetrators of selling prescription drugs without a doctor's prescription through online buying and selling sites.Methods of the Research: Research methods are used to find and process data in accordance with the research objectives and solve the problems posed by researchers.Results of the Research: The results showed that: (1). In Law Number 17 of 2023 concerning Health (hereinafter referred to as the Health Law) there are offenses that can be imposed on the perpetrator, these offenses are listed in Article 435 & Article 436. Article 435 states that every violation of medication error will be sentenced to imprisonment for a maximum of 12 (twelve) years or a maximum fine of Rp5,000,000,000.00 (five billion rupiah). Meanwhile, a person who does not have the expertise in the field of pharmacy in accordance with the provisions of the Law but continues to distribute pharmaceutical preparations will be subject to the offense in article 436 with a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah).” Countermeasures against prescription drugs without a doctor's prescription can basically be dealt with by article 435 and article 436 of the Health Law, and there is a lot of evidence of the existence of these two articles that apply to offline prescriptions drug dealers. (2). Countermeasures against the distribution of prescription drugs through online buying and selling sites are still somewhat ambiguous because there is no law that specifically regulates the countermeasures of prescription drugs online, which causes a legal vacuum in countermeasures against the distribution of prescription drugs online. Therefore, elaboration, and hard work from every law enforcement officer is needed to tackle the problem.

5.	Publisher	Organizing agency, location	Faculty of Law Pattimura University

6.	Contributor	Sponsor(s)

7.	Date	(YYYY-MM-DD)	2025-01-31

8.	Type	Status & genre	Peer-reviewed Article

8.	Type	Type

9.	Format	File format	PDF

10.	Identifier	Uniform Resource Identifier	https://fhukum.unpatti.ac.id/jurnal/tatohi/article/view/2843

10.	Identifier	Digital Object Identifier	10.47268/tatohi.v4i11.2843

11.	Source	Title; vol., no. (year)	TATOHI: Jurnal Ilmu Hukum; Volume 4 Issue 11, January 2025

12.	Language	English=en	en

13.	Relation	Supp. Files

14.	Coverage	Geo-spatial location, chronological period, research sample (gender, age, etc.)

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