JOSR: Journal of Social Research
Desember 2022, 2 (1), 199-205
p-ISSN: 2827-9832 e-ISSN: 2828-335x
Available online at http:// https://ijsr.internationaljournallabs.com/index.php/ijsr
http://ijsr.internationaljournallabs.com/index.php/ijsr
THE EXISTENCE OF PROOF OF CRIMINAL LIABILITY FOR FOOD
POISONING IS REVIEWED UNDER THE LAW NUMBER 18 OF 2012
CONCERNING FOOD
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul
Hakim
Faculty of Law, University of Labuanbatu
herus1078@gmail.com, muhammadyusufsiregar0112@gmail.com,
Wahyu.tampubolon@yahoo.com, abdulhakim1846@gmail.com
Abstract (Indonesia)
Received:
Revised :
Accepted:
November 26,
2022
November 29,
2022
December 01,
2022
Latar Belakang: Perkembangan dalam bidang
perekonomian, perdagangan dan perindustrian semakin hari
semakin meningkat hal ini juga telah memberikan
kenikmatan tersendiri kepada setiap konsumen karena
banyaknya variasi produk yang disajikan.
Tujuan: Penelitian ini bertujuan untuk mengetahui serta
menganalisis tentang pertanggung jawaban pidana
keracunan pangan berdasarkan undang-undang nomor 18
tahun 2012 tentang pangan. Serta mengetahui dan
menganalisis tentang eksistensi pembuktian terhadap tindak
pidana keracunan pangan.
Metode: Penelitian ini termasuk jenis penelitian normatif.
Sehingga dapat diketahui bahwa pertanggungjawaban pidana
keracunan pangan adalah pertanggungjawaban pelaku usaha
diatur dalam Pasal 19 ayat (1) dan (2) Undang-Undang
Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen.
Hasil: Pertanggungjawaban pidana pelaku usaha terkait
keracunan makanan diatur dalam Pasal 134 Undang-Undang
Nomor 18 Tahun 2012 Tentang Pangan. Selanjutnya
pembuktian terhadap tindak pidana keracunan pangan adalah
penyidik menggunakan proses pembuktian dengan cara
mengambil hasil tes dari dokter dan lab, hasil visum, serta
keterangan dari pihak konsumen yang menjadi korban
keracunan makanan, lalu di proses kembali melalui
bantuan BPOM.
Kesimpulan: Berdasarkan kesimpulan dari
pertanggungjawaban pidana keracunan pangan adalah
pertanggungjawaban pelaku usaha diatur dalam Pasal 19 ayat
(1) dan (2) Undang-Undang Nomor 8 Tahun 1999 Tentang
Perlindungan Konsumen.
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 200
Kata kunci: Ancaman Pidana, Keracunan Pangan, Badan
Pengawas Obat dan Makanan
Abstract (English)
Background: Developments in the economy, trade, and
industry are increasing day by day, this has also given its
enjoyment to every consumer because of the large variety
of products presented.
Objective: This study aims to find out and analyze the
criminal responsibility for food poisoning based on law
number 18 of 2012 concerning food. As well as knowing
and analyzing the existence of evidence against the criminal
act of food poisoning.
Methods: This research belongs to the normative type of
research. So that it can be known that the criminal
responsibility for food poisoning is the responsibility of
business actors regulated in Article 19 paragraphs (1) and
(2) of Law Number 8 of 1999 concerning Consumer
Protection.
Result: Criminal liability of business actors related to food
poisoning is regulated in Article 134 of Law Number 18 of
2012 concerning Food. Furthermore, the proof of the
criminal act of food poisoning is that the investigator uses
the proof process by taking test results from doctors and
labs, visual results, and information from consumers who
are victims of food poisoning then reprocessing through the
help of BPOM.
Conclusion: Based on the conclusion of the criminal
liability for food poisoning, the responsibility of business
actors are regulated in Article 19 paragraphs (1) and (2) of
Law Number 8 of 1999 concerning Consumer Protection.
Keywords: Criminal Threats, Food Poisoning, Food, and
Drug Administration
*Correspondent Author: Heru Susanto
Email: herus1078@gmail.com
INTRODUCTION
Developments in the fields of economy, trade, and industry are increasing day by
day, this has also provided its enjoyment to every consumer because of the large variety of
products presented.
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 201
This development also creates a very free space in the trade sector, one of which is
changing or modifying food packaging, this creates attraction for consumers, making every
business actor compete to provide food according to consumer needs.
This does not rule out the possibility that unfair trade competition has a weaker
impact on consumer protection so that everything is done by business actors so that every
processed food they sell remains in great demand to forget the rules or ignore the quality
of every action taken.
Food is a basic need that is certainly very important for human life, what is meant
by food in the general provisions in Article 1 paragraph (1) of the Law of the Republic of
Indonesia Number 18 of 2012 concerning Food (hereinafter abbreviated as the Food Law)
namely:
"Everything that comes from biological sources of agricultural products,
plantations, forestry, fisheries, animal husbandry, waters and water whether processed or
untreated intended as food or beverages for human consumption, including food additives,
food raw materials, and other materials used in the process of preparing, processing, and/or
making food or beverages".
In this case, every food ingredient that wants to be consumed should go through a
good inspection process.
Things that harm consumers can be caused by a lack of supervision from the
government and legal entities such as the Police, the Food and Drug Supervisory Agency
(hereinafter abbreviated as BPOM), the Industry and Trade Service (hereinafter
abbreviated as Disperindag), and the Health Office (hereinafter abbreviated as Dinkes).
One form of legal protection provided by the government to ensure sufficient, safe,
high-quality, and nutritionally balanced food is based on the Food Law because food safety
in Indonesia is far from safe.
This is evidenced by the recent occurrence of damaged foodstuffs and packaging,
the factor in this occurrence is none other than due to business competition, one of which
is because they want to get a lot of profits.
Based on the Regulation of the Food and Drug Supervisory Agency of the Republic
of Indonesia Number 29 of 2017 concerning Supervision of the Entry of Drug and Food
Ingredients into the Territory of Indonesia that drugs and food that can be entered into the
territory of Indonesia must meet the requirements of safety/efficacy benefits, and quality.
In addition to meeting the requirements of safety/benefits, and also as intended,
food must also meet the provisions of laws and regulations in the field of importation, and
the importation of medicinal and food ingredients by laws and regulations.
Many losses will be caused by the circulation of many food products that contain
harmful ingredients.
There is no bpom label, and expiration date or expired date, but many consumers
do not realize that the negative impacts or effects caused by consuming these foods can
cause headaches, nausea, and respiratory problems.
Even neurological disorders cause sleeplessness, inflammation, and coughing. then
food products produced or circulated by distributors must meet the requirements starting
from using materials that have met the requirements.
Produced using good food feeding methods, and last but not least the food must be
registered or received a distribution permit from the Food and Drug Control Agency
(BPOM).
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 202
RESEARCH METHODS
The research method used in this study is a normative legal research method.
Normative legal research is legal research carried out by examining library materials or
secondary data (Soekanto, 2007).
According to Peter Mahmud Marzuki (Marzuki, 2010), normative legal research is
a process to find a rule of law, legal principles, and legal doctrines to answer the legal issues
faced.
In this type of legal research, often the law is conceptualized as what is written in
legislation or law is conceptualized as a rule or norm that is a benchmark for human
behavior that is considered appropriate (Asikin, 2004).
RESULTS AND DISCUSSION
Criminal Responsibility for Food Poisoning Based on Law Number 18 of 2012
concerning Food
Article 8 paragraph (3) of Law Number 8 of 1999 concerning Consumer Protection
states that business actors are prohibited from trading pharmaceutical and food preparations
that are damaged, defective, or used and polluted, with or without providing complete and
correct information.
Article 19 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection
states that business actors are responsible for providing compensation for damage,
pollution, and or consumer losses due to consumer goods and or services produced or
traded.
Article 19 paragraph (2) of Law Number 8 of 1999 concerning Consumer Protection
states that compensation, as intended in paragraph (1), can be in the form of a refund or
replacement of goods and/or services of similar or equivalent value,
Or health care and/or the provision of compensation by the provisions of the applicable
laws and regulations.
Criminal Liability of business actors related to food poisoning has been protected by
Article 134 of Law Number 18 of 2012 concerning Food states that everyone who produces
certain processed food to be traded
who deliberately does not apply food processing procedures that can hinder the
process of decreasing or losing the nutritional content of raw materials.
Food used as referred to in Article 64 paragraph (1) shall be punished with a maximum
imprisonment of 1 (one) year or a maximum fine of Rp. 2,000,000,000.00 (two billion
rupiah).
The Existence of Evidence against Food Poisoning Crimes
In the development of consumer protection science, business actors here are restaurant
business actors in this case who experience food poisoning.
Consumers who are poisoned usually report it directly to legal institutions without
providing evidence.
The evidentiary process, in this case, can be seen from medical science which includes
the examination of food bags, the results of the doctor's visum, and the statements of the
victim.
The results of the food can prove that the food is positive that it contains harmful
substances for the body and can cause disturbances in the victim's digestive system.
The doctor's visum can prove that the victim did consume food that contained these
harmful substances.
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 203
Visum is a biological and physiological examination to prove irregularities in the
victim. The victim's statement is the victim's confession that he experienced symptoms that
can be classified as food poisoning.
These symptoms include the victim experiencing nausea, itching, shortness of breath,
fever, and so on. Of the three evidentiary processes, investigators processed further through
the help of BPOM (BPOM, 2000).
From BPOM, it can be concluded that business actors are guilty of poisoning that
occurs to consumers or not.
The criminal liability process for cases of food poisoning victims has been protected
by Article 134 of Law Number 18 of 2012 concerning Food which states:
"Any person who carries out the production of certain processed foods for trade who
deliberately does not apply food processing procedures that can hinder the process of
decreasing or losing the nutritional content of food raw materials used as referred to in
Article 64 paragraph (1) shall be punished with a maximum imprisonment of 1 (one) year
or a maximum fine of Rp. 2,000,000,000.00 (two billion rupiah).
Article 136 of Law Number 18 of 2012 concerning Food: Everyone who carries out
food production for circulation who knowingly uses:
a. Food additives exceed the set maximum threshold; or
b. Prohibited ingredients are used as food additives.
As referred to in Article 75 paragraph (1) shall be punished with a maximum
imprisonment of 5 (five) years or a maximum fine of Rp.10,000,000,000.00 (ten billion
rupiahs).
Legal umbrellas for consumers who have food poisoning due to the negligence or
intentionality of business actors: Articles 204, 205, 359, 360, 383, 390 of the Criminal
Code.
Law Number 18 of 2012 concerning Food, namely Article 83 paragraph (1) and
Article 85 of Law Number 18 of 2012 concerning Food.
In foreign writing, consumer protection in the first aspect is called product liability in
Indonesian this term translates to product responsibility.
In a broad sense, a product is all goods and services produced by a process so that the
product is closely related to technology. Products consist of goods and services.
According to Article 1 number 4 of the Consumer Protection Law:
"Goods are any object whether tangible or intangible, whether movable or immovable,
expendable or inexhaustible, which can be traded, used, used or utilized by consumers".
Meanwhile, according to Article 1 number 5 of Law Number 8 of 1999 concerning
Consumer Protection: Services are any services in the form of work or achievements
provided to the community to be utilized by consumers.
The use of technology that is getting better, on the one hand, allows manufacturers to
make products of various types, shapes, uses, and qualities so that the fulfillment of
consumer needs can be met more broadly, completely, quickly, and reach the largest part
of society.
However, on the other hand, the use of technology allows the production of products
that are not by the security and safety requirements of users, causing losses to consumers.
About products, defects can be found in three classifications according to the stages
of production, namely product damage, design damage, and insufficient information
provision.
A product can be categorized as defective if the product is defective, the design is not
as it should be, or the information accompanying the product is inadequate.
Defects in the product, to some degree, can harm the consumer.
About the use of increasingly advanced technology as mentioned above and for the
objectives of standardization and certification to be achieved as much as possible, the
government needs to be active in making, adjusting, and supervising the implementation
of applicable regulations.
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 204
By the principle of development which, among other things, states that development
is carried out jointly by the community with the government and therefore is a shared
responsibility as well, then through arrangements and courts and by the government,
national development goals can be achieved properly.
Government efforts to protect consumers from harmful products can be implemented
by regulating; Watching; and controlling the production, distribution, and circulation of
products so that consumers are not harmed, both in their health and finances.
Based on the objectives to be achieved and the policies to be implemented, the steps
that can be taken by the government (Ahmadi Miru, 2014):
a. Registration and assessment.
b. Production supervision.
c. Distribution supervision.
d. Coaching and business development.
e. Improvement and development of infrastructure and manpower.
The role of the government as mentioned above can be categorized as a role that has
a long-term impact so it needs to be carried out continuously to provide information,
counseling, and education for all parties.
Thus, creating a healthy business environment and the development of responsible
entrepreneurs. Including here creating a competitive market by gradually eliminating
monopolies and protections.
In the short term, the government can solve directly and quickly the problems that
arise.
The positions of the three related parties, namely producers-business actors,
consumers, and the government, of them are independent so they need to be well-regulated
to achieve harmony and harmony in economic activities.
The government, which is assigned to regulate this matter based on Article 33 of the
1945 Constitution of the Republic of Indonesia, can implement it through rulemaking and
supervision of the implementation of these regulations.
The regulations in question are regulations that are also binding on the government so
that there is no collusion between entrepreneurs and the government that can harm
consumers.
In addition, criminal liability to resolve cases of extraordinary events of food
poisoning must be punished by applicable laws and regulations after the holding of
supervision and identification of which categories of safe food are contained in the
Regulation of the Food and Drug Supervisory Agency Number 34 of 2019 concerning the
Food Category.
CONCLUSION
Based on the conclusion of the criminal liability for food poisoning, the
responsibility of business actors is regulated in Article 19 paragraphs (1) and (2) of Law
Number 8 of 1999 concerning Consumer Protection.
Criminal liability of business actors related to food poisoning is regulated in Article
134 of Law Number 18 of 2012 concerning Food.
Furthermore, the mechanism for proving food poisoning crimes is that
investigators use the proof process by taking test results from doctors and labs, visual
results, and information from consumers who are victims of food poisoning, then re-
processed through BPOM assistance.
Heru Susanto, Muhammad Yusuf Siregar, Wahyu Simon Tampubolon, Abdul Hakim / JOSR:
Journal of Social Research, 2(1), 199-205
The Existence of Proof of Criminal Liability for Food Poisoning is Reviewed
Under the Law Number 18 of 2012 Concerning Food 205
Suggestion
Consumers who experience food poisoning should first go to the hospital or
laboratory so that when consumers demand responsibility from business actors, consumers
already have strong evidence to report to legal institutions.
BIBLIOGRAPHY
Ahmadi Miru. (2014). Hukum Perlindungan Konsumen. Raja Grafindo Persada.
Asikin, Z. (2004). Amiruddin, Pengantar Metode Penelitian Hukum, Jakarta: PT.
Raja Grafindo Persada.
BPOM. (2000). Makanan Yang Memenuhi Standar. BPOM.
Marzuki, P. M. (2010). Penelitian Hukum, Kencana Prenada Group. Jakarta. h, 35.
Soekanto, S. (2007). Penelitian hukum normatif: Suatu tinjauan singkat.
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