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The Protection of Consumers Owing to The Distribution of Hard Drugs (List G) In Relation to The Law of The Republic of Indonesia Number 36 Of 2009 Concerning Health in The District of Bandung.

Yuyut Prayuti
Faculty of Law, Nusantara Islamic University, Indonesia.
Muhammad Faddil DW
Faculty of Law, Nusantara Islamic University, Indonesia.
Giri Wandi Nugraha
Faculty of Law, Nusantara Islamic University, Indonesia.
Mochamad Reychan
Faculty of Law, Nusantara Islamic University, Indonesia.
Rizky Dwi Pamungkas
Faculty of Law, Nusantara Islamic University, Indonesia.

Abstract

Health is a Human Right, and one of the elements of welfare that must be realised in accordance with the ideals of the Indonesian nation as referred to in Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia. The health Law, which regulates law enforcement against the distribution of List G drugs, is regulated in Chapter XX from Article 190 to Article 201 (12 articles). However, the criminal sanction, namely the illegal distribution of List G drugs, only touches the production stage and the circulation stage, without touching the active buyers or those who own, store and control or use them, as explained in Article 196 and Article 197. This study aims to examine law enforcement against the circulation and abuse of hard drugs (List G) in the Bandung Regency Region as well as constraints and efforts in its implementation. This research was conducted using descriptive analysis method, namely providing the data studied about the state of the object under study. Based on the results of the research, it can be concluded that the distribution and or misuse of Hard Drugs (List G) in the Bandung Regency area without permission and carried out consciously is an act that is included in a criminal offence so that it needs to be criminally accounted for as well, as regulated in Article 196 and Article 197, The obstacles are: Rules that are less strict in providing sanctions against drug users, Lack of public understanding of illegal drugs and The number of unscrupulous doctors who easily provide prescriptions without the correct qualifications.

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