Pertanggungjawaban Pidana atas Kegagalan Pengawasan Obat: Studi Kasus Gagal Ginjal Akut Pada Anak di Indonesia Tahun 2022

Abstract

This study aims to analyze the relationship between the neglect in drug control and the potential for criminal liability in cases of acute kidney failure in children that occurred in 2022. This is a normative legal research which the objects are legal actions by the government and drug manufacturers within the framework of public policy, and the potential violations of criminal law within them. The results of this study conclude that law and public policy share a close link, that the author considers that in the case of administering drug control there has been a negligence which caused fatalities. In addition, both legal subjects in the form of officials who are authorized in the field of drug control while in circulation and producers can be subject to criminal liability as regulated in a number of statutory regulations. This study recommends immediately strengthening the oversight function of drug distribution by the government by accelerating the ratification of regulations, as well as prioritizing criminal law enforcement with a justice orientation and victim recovery for negligent officials and corporations.