Jual Beli Obat Keras Yang Tidak Memiliki Izin Edar Melalui Media Sosial (Studi Kasus Putusan Nomor 50/Pid.Sus/2022/PN Mdn)

Abstract

This research is based on Decision Number 50/Pid.Sus/2022/PN Mdn, in which it was found that hard drugs without a distribution permit were distributed online via social media by Jeckly Wijaya. Therefore, the author analyzes the legal events with the following problem formulation: How is the regulation of the sale and purchase of hard drug without distribution permit through social media, how is the law applied to case of the sale and purchase of hard drug without distribution permit through social media based on Decision Number 50/Pid.Sus/2022/PN Mdn and how is the responsibility of the parties to case of sale and purchase of hard drug without distribution permit through social media based on Decision Number 50/Pid.Sus/2022/PN Mdn. The type of research used in this research is normative juridical legal research using secondary data. The research writing is descriptive and uses a statute approach and case approach by using the regulations that apply to the legal events that occur and the regulations that apply at this time. The research led to the following conclusions: First, online sale and purchase selling has a legal basis through Law 1 of 2024 and PP No. 17 of 2019 while still having to pay attention to the legal requirements of electronic contracts. Social media cannot be used for online distribution and sale of hard drugs, hard drug must have a distribution permit that is delivered and sold based on a prescription made by a pharmacist and/or specialist pharmacist and there is an expansion of places that can deliver and sell hard drugs using or through an electronic system. Second, although there are differences in the regulations that applied at that time and today, Jeckly Wijaya as a travel agent employee still cannot sell hard drugs without a distribution permit through social media, so the sale and purchase he made is null and void. Third, BPOM is a non-ministerial government agency that has the function and responsibility of overseeing the circulation of hard drugs without a distribution permit through social media and business actors or sellers, such as Jeckly Wijaya, will be subject to sanctions if they deliver and sell hard drugs without a distribution permit through social media in accordance with applicable laws and regulations.