Drug Distribution Monitoring System in Health Law Policy in the Context of Dignificant Legal Justice

  • Haryoko Njoto Doctor of Law Science, University of 17 August 1945 Surabaya, East Java, Indonesia
  • Harsono Njoto Faculty of Law, Kadiri University, Kediri East Java, Indonesia
Keywords: Drug Distribution Control; Dignified Legal Justice; Health Law Politics

Abstract

The importance of government intervention is inseparable from the government's duties as a regulator, which is obliged to control the behavior of its citizens to achieve the desired goal of realizing the welfare and happiness of the whole community. BPOM in this case as a state formation has an important role in drug and food control with the applicable statutory provisions, every drug and food before being distributed to be marketed must be tested for the feasibility of drugs before finally being declared fit for distribution to the wider community. BPOM's obligation to carry out due diligence is regulated in Article 98 paragraph (4) of the Health Law, which stipulates that the Government is obliged to foster, regulate, control and supervise the procurement, storage, promotion and distribution as referred to in paragraph (3) which states as follows: Provisions regarding procurement, storage, processing, promotion, distribution of pharmaceutical preparations and medical devices must meet the quality standards of pharmaceutical services stipulated by Government Regulations. Obstacles that often occur in the implementation of the legal responsibility of pharmaceutical business actors for distribution permits are not necessarily only errors and negligence on the part of one party. However, it is the fault of all parties involved. Supervision of pharmaceutical preparations certainly cannot be borne by the government (BPOM) or the Health Service alone, but all levels of society should also take part in the oversight function of drug distribution. This requires cooperation from various parties and new breakthroughs so that the solution to this problem becomes even better. Guidance and outreach must also be given to the general public so that the public's knowledge and concern for pharmaceutical or medicinal preparations is getting better. BPOM conducts thorough supervision of drugs circulating in the community. If there is a dispute over the loss felt by consumers after consuming certain drugs, after reporting to the Information and Complaint Service Unit (ULPK) at BPOM, the combined supervisory team and enforcement team from BPOM will follow up. However, the settlement of disputes between business actors and consumers will be resolved by both parties in accordance with the operational standards (SOP) owned by the business actor industry. The rest of the dispute resolution steps are carried out in accordance with the Consumer Protection Act. According to the Minister of Industry and Trade Decree Number 350/MPP/Kep/12/2001 dated December 10, 2001, what is meant by disputes between business actors and consumers who demand compensation for damage, pollution and or suffering losses as a result of consuming drugs or utilizing services. The Consumer Protection Law provides for consumer dispute resolution facilities through court and out of court

Published
2023-08-16
How to Cite
Njoto, H., & Njoto, H. (2023). Drug Distribution Monitoring System in Health Law Policy in the Context of Dignificant Legal Justice. International Journal of Social Science Research and Review, 6(7), 617-627. https://doi.org/10.47814/ijssrr.v6i7.1499