PENEGAKAN HUKUM TERHADAP PELAKU USAHA AIR MINUM DALAM KEMASAN YANG TIDAK DILENGKAPI IJIN EDAR GUNA MENJAGA KEAMANAN PANGAN

2020 ◽  
Vol 17 (1) ◽  
pp. 1-10
Author(s):  
A.A. Sagung Ngurah Indradewi

The problems described in this study is law enforcement against bottled drinking water business actors not equipped with marketing permits to maintain food security and what factors are obstacles to law enforcement against bottled drinking water business operators that are not equipped with marketing permits in order to maintain food safety.              This type of research is normative legal research that is moved from the absence of legal norms or legal principles. The absence of legal norms in this study is contained in the provisions of Law No. 8 of 1999 concerning Consumer Protection which does not explicitly regulate bottled drinking water business actors that are not equipped with a marketing authorization to maintain food safety. This study uses a statutory approach and a case approach.              The conclusion of this study is the law enforcement against bottled drinking water business actors that are not equipped with a marketing permit to maintain food security, namely by confiscating and destroying bottled drinking water without a distribution permit in maintaining food security based on statutory regulations namely Law Number 18 Year 2012 concerning Food, besides that, administrative sanctions are also given, namely warning letters and statements to bottled water companies that have not yet completed distribution licenses. Inhibiting factors in law enforcement against bottled drinking water business actors that are not equipped with marketing permits to maintain food safety are bottled drinking water companies that are unwilling to be inspected, implementation of supervision conducted by the Central Agency for Drug and Food Supervision, lack of supervisory personnel from the Food and Drug Supervisor, consumers do not understand the rights and obligations as consumers and retailers or retailers of bottled drinking water products are less responsible for their obligations. Keywords  :  Business actors in bottled drinking water, consumer protection, distribution permit.

2021 ◽  
Vol 4 (5) ◽  
pp. 2091
Author(s):  
Zsalzsabella Putri Moudzie

AbstractThe rise of pharmaceutical business actors, in this case, is a pharmacy, in selling concoction drugs without a doctor's prescription in several regions in Indonesia causing losses in consumers. Consumer protection is regulated in Act Number 8 of 1999 concerning Consumer Protection, then consumer rights in the health sector are recognized by Act Number 36 of 2009 concerning Health. Both of these regulations require that at least the consumer is guaranteed his right to use the drug, including comprehensive information related to the drug obtained at the Pharmacy. This is not heeded by a number of pharmacies in Indonesia who pack concoction drugs in plastic packages and do not meet the information standards that must be listed. BPOM as an institution that is given authority in law enforcement for drug distribution that is not in accordance with standards can take product withdrawal as well as administrative sanctions against business actors. In addition, the Consumer Protection Act provides a platform for consumers who are disadvantaged to be able to file liability through the Consumer Dispute Resolution Agency (BPSK).Keywords: BPOM; BPSK; Compounding Drugs; Consumer Protection.AbstrakMaraknya pelaku kegiatan usaha kefarmasian, dalam hal ini adalah apotek, dalam menjual obat racikan tanpa resep dokter di beberapa daerah di Indonesia menimbulkan kerugian-kerugian dalam diri konsumen. Perlindungan konsumen diatur dalam Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen, kemudian mengenai hak konsumen dalam bidang kesehatan diakui oleh Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan. Kedua peraturan tersebut mengharuskan setidaknya konsumen terjamin hak nya dalam penggunaan obat, termasuk pula informasi lengkap terkait obat yang didapatkan di Apotek. Hal ini tidak diindahkan oleh beberapa apotek di Indonesia yang mengemas obat racikan dalam kemasan plastik dan tidak memenuhi standar informasi yang harus dicantumkan. BPOM sebagai lembaga yang diberi kewenangan dalam penegakan hukum terhadap peredaran obat yang tidak sesuai dengan standar dapat melakukan tindakan penarikan produk serta sanksi administratif kepada pelaku usaha. Selain itu, UU Perlindungan Konsumen memberikan wadah bagi konsumen yang dirugikan untuk dapat mengajukan pertanggung gugatan melalui Badan Penyelesaian Sengketa Konsumen (BPSK).Kata Kunci: BPOM; BPSK; Obat Racikan; Perlindungan Konsumen.


2021 ◽  
Vol 05 (04) ◽  
pp. 47-60
Author(s):  
Thi Thuy Loan Vo ◽  
Thi Tuyet Hanh Tran

Background: Bottled drinking water has become popular for consumption by customers. Bottled drinking water with pathogenic microbiological contamination is a public health concern. This study aimed to describe the current situation of microbiological contamination in bottled drinking water products, food safety conditions and some influencing factors in production facilities in Hau Giang province in 2020. Methods: A cross-sectional study has been conducted in 2020 using quantitative and qualitative methods. The evaluation was carried out at 54 bottled drinking water production facilities, 108 workers/owners and 54 samples collected from facilities for microbiological analysis in the province. In-depth interviews were conducted with local government officials on food safety, two owners of facilities and two workers. Results: It showed that the proportion of microbiological contamination in bottled drinking water accounted for 18.5%, of which P. aeruginosa contamination was 18.5%; and Coliform contamination was 3.7%; No drinking water samples were contaminated with E. coli. 79.6% of facilities met general food safety conditions. There were several factors affecting the proportion of microbiological contamination of bottled drinking water as follows: Bad compliance with food safety in production for the sake of profit by workers, affecting the quality of products such as trash cans without lids; No sterilization treatment before filling; Non-sterilization in filling room. Non-monitoring of UV lights for replacement; No regular cleaning of water pipes, tanks, and discharge valves; Difficulty in state management of food safety for facilities of bottled drinking water production, such as insufficient manpower, lack of equipment and funding for activities. Conclusion: The quality of bottled drinking water in Hau Giang province was not good. The important factors affecting the contaminated bottled drinking water products were identified. We recommend that: management agencies should frequently conduct sudden inspections and supervisions of facilities with no ensured food safety and strictly handle according to regulations. Owners of bottled water facilities should voluntarily comply with food safety. This study is particularly concerned with ensuring food safety conditions in the production of bottled drinking water to prevent products from microbiological contamination. Keywords: Microbiological contamination; E. coli, Coliform, P. aeruginosa; bottled drinking water; food safety conditions; Hau Giang province.


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 344
Author(s):  
Rendi Ardiansyah ◽  
Margo Hadi Pura

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.


2021 ◽  
Vol 3 (1) ◽  
pp. 11-19
Author(s):  
Muhammad Akbar Fhad Syahril

Short messages in the form of advertisements are increasingly being accepted by the public through their cell phones. The public never specifically gave the phone number to the party sending the advertising message. This is considered to be even more annoying because the short message advertisement violates the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses the empirical normative method, namely research conducted with the approach of legal norms or substances, legal principles, legal postulates, and legal comparisons, using a conceptual approach. The results show that short messages in the form of offers that are not directly related to the services used by cellular subscribers must be a concern for customer convenience.


Author(s):  
NI KETUT PURANI WIYANTI ◽  
I WAYAN BUDIASA ◽  
I NYOMAN GEDE USTRIYANA

Analysis of Business Feasibility Study in Bottled Drinking Water of PT.Amiro in Uma Jero Village, Busungbiu District, Buleleng Regency.Water is a major component in the human body, without which creatures cannotgrow and develop. Drinking water is a major component of the body; on averageeach person has 70-80 percent of water from his body weight. The community hasnow switched from consuming ordinary drinking water which is cooked intobottled water. Companies engaged in the BDW sector keep increasing andcontinue to expand their product networks. The purpose of this study was todetermine the bottled drinking water business at PT. Amirowhether it isfinancially feasible in terms of investment criteria, namely NPV, IRR, Net B / C,Payback Period and Sensitivity Analysis and the goal of the study was also toidentify the constraints faced by PT. Amiro in running a business. Based on thisresearch, it could be seen that the NPV value wasRp. 12,640,670,205, IRR35.79%, Net B / C 3.64, and the Payback Period was 8 years 3 months, thereforeit means that BDW business of PT. Amirois financially feasible to be carried out.Constraints in the feasibility study of PT. Amiro, in developing the businessprocess were that the licensing process took a lot of time to meet the requirementsneeded to obtain a business license such as the Agency of Food and Drug Control,Indonesian National Standard, Halal Certificate from MUI and ISO 9001. Amirois a new player in the BDW business and is not yet known by the public so itneeds a strategy to get market share from a very dense market.


2020 ◽  
Vol 8 (1) ◽  
pp. 48-56
Author(s):  
S Pupon ◽  
M Nugraha ◽  
Y Febryani ◽  
RS Tasnim ◽  
U Lestari ◽  
...  

Increased community mobility has an impact on increasing demand for packaged beverage products. Data from Aspadin (the association of bottled water companies) there are more than 1500 brands of bottled water (AMDK) in Indonesia and it is estimated that trade will continue to increase every year. However, the profit margins of bottled drinking water products are not classified as high, so producers must do efficiency. One form of efficiency that can be done is to reduce the waste of packaging production, where most bottled water is made of plastic. This study aims to identify several product defects that often occur during the production process of bottled water based on PET. The process of making plastic-based drinking water packaging is divided into 3 stages. First is to make a bottle preform, the second is the blow molding process, which is the process of making a whole package from a preform, and the third is the process of making a lid. The machines used in these stages are different and in each of the stages successfully classified types of product defects. During the preform manufacturing stage, black specks or contaminants, short shots, bubbles, and flash are found. At the stage of making the whole bottle includes, off center base, failed blowing, arising bracelet, rough parting line. The last defect in the process of making the cap includes excess material flash Short shot, bridge or ring break, leak centergate.


2021 ◽  
Author(s):  
Muh. Akbar Fhad Syahril

Short messages that are advertisements are increasingly being received by the public through their cell phones. In fact, the public has never specifically given the phone number to the party sending the advertising message. This is considered to be increasingly annoying because the short message advertisements violate the principles of consumer protection. This study aims to determine and analyze the extent of privacy violations against the spread of spam information via short messages. This study uses a normative juridical method, namely research conducted with an approach to legal norms or substance, legal principles, legal postulates and legal comparisons, using a conceptual approach. The results showed that short messages in the form of offers that are not directly related to the services used by cellular subscribers should be a concern for the convenience of customers.


Authentica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 119-140
Author(s):  
Ici Kurniasih

The notary in conducting his profession is not infrequently called by the police law as a suspect in connection with the forgery of the authentic deed he made, that the notary can be used as a suspect if the notary Deliberately make a false deed as requested by the parties, when the notary knows that the parties do not meet the terms of the validity of the alliance. This indicates that the notary does not cling to the notary Act (UUJN) and the notary Public Code of ethics, which resulted in a notary criminal can perform authentic acts of fraud/deed. The Notary Law (UUJN) does not formulate the application of the sanctioned sanctions but a legal action against violations committed by the notary would contain counterfeit elements of deliberate intent/omission in the creation of Authentic letter/deed whose information is false can be qualified as a criminal offence committed by the notary who describes the evidence of involvement deliberately commit the crime of counterfeit authentic deed. The research is a normative juridical study. Normative research examines and analyzes the legal norms that have been established by the competent authorities for that, so the type of research used in this research is prescriptive, namely the process to find the rules Legal, legal principles, and legal doctrines to address the issues faced. The results of this research show that the legal consequences for the notary criminal who commit the crime of authentic deed are: in terms of criminal law, the notary threatened to be sentenced to the threat of article 264 Criminal Code about the counterfeiting of authentic deed with the threat Maximum sentence of eight years in jail. In terms of civil law, notaries can be sued for damages by the parties who feel harmed. In addition, the relevant notary public may be subject to administrative sanctions from a notary Organization (THIS) in the form of: Oral strikes, written strikes, temporary dismissal, dismissal termination, disrespectful termination.Keywords: criminal acts of counterfeiting, authentic deeds, notary sanctions


2019 ◽  
Vol 5 (2) ◽  
pp. 121-125
Author(s):  
Vita Meylani ◽  
Rinaldi Rizal Putra

Drinking water is the main need of humans as living things. Over time, humans are more practical so that for drinking needs they prefer to use bottled drinking water or refill drinking water. The high demand for bottled water raises the number of drinking water companies that issue bottled drinking water products. However, the quality of bottled water still needs to be assessed because it is not through pasteurization or other processing. So the microbiological content remains to be investigated. This study aimed to determine the bacteriological content in bottled drinking water. This study uses the Most Probable Number (MPN) method to test its bacterial content and gamma ray radiation to test its radiosensitivity. The sample in this study was bottled drinking water of various brands circulating in the City of Tasikmalaya. Based on the research results obtained from 13 samples there is 1 sample containing E. coli which is code B1 with a total bacterial content of 7 cells per 100 ml. So it can be concluded L samples are known to contain E. coli as much as 1.9 x 105 cells per ml.


Author(s):  
Dmitry Bogdanov ◽  
Svetlana Bogdanova

Provision of the population with environmentally friendly and safe agricultural products is an important challenge in the developed states. This chapter analyzes the issues of food safety and quality. The indemnification caused by low-quality products stimulates producers to ensure the quality and safety of food resources. The institute of indemnification caused by low-quality agricultural products is analyzed in the chapter. Special attention is paid to the issues of consumer protection in the legislation of Russia and China.


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