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Original Research

CRIMINAL LIABILITY OF JAMU DISTRIBUTORS CONTAINING HAZARDOUS CHEMICAL RAW MATERIALS IN INDONESIA

PUTI PRIYANA 1, SETIABUDI HARTONO 2 and DEVI SITI HAMZAH 3

Vol 17, No 05 ( 2022 )   |  DOI: 10.5281/zenodo.6606575   |   Author Affiliation: Fakultas Hukum, Universitas Singaperbangsa Karawang 1,2,3   |   Licensing: CC 4.0   |   Pg no: 226-237   |   To cite: PUTI PRIYANA, et al., (2022). CRIMINAL LIABILITY OF JAMU DISTRIBUTORS CONTAINING HAZARDOUS CHEMICAL RAW MATERIALS IN INDONESIA. 17(05), 226–237. https://doi.org/10.5281/zenodo.6606575   |   Published on: 30-05-2022

Abstract

Intense competition in the business world changes the behavior of business actors to conduct unfair business competition, including in the field of traditional medicines or herbal medicine. Here, the role of the distributor as the one who distributes it to the consumer, it is the distributor who should be responsible if something happens to the goods they distribute. This study aims to analyze whether distributors of herbal medicine containing hazardous chemical raw materials can be criminally responsible in Indonesia. The method used in this study is a normative juridical approach, which is a method that departs from and focuses on a legal regulation related to the criminal liability of herbal medicine distributors containing hazardous chemical raw materials. The conclusion of this study is that the problem of consumer protection against the circulation of herbal medicine which has hazardous raw materials for health cannot be separated from the stages of other consumer transactions. It is no longer a caveat emptor (that it is the consumer who must be careful), but a caveat vendor, namely the producer/seller/distributor of the product or the creditor who must be responsible, which is commonly known as product responsibility. In other words, the law only regulates the interests of consumers from the side of producers or business actors. Meanwhile, from the other side, the most important thing is that the rights of consumers are neglected.


Keywords

Criminal, Traditional Medicine, Law, and Distributor.