LEGAL ANALYSIS OF CONSUMER PROTECTION IN THE USE OF DRUGS WITHOUT A DOCTOR'S PRESCRIPTION IN PHARMACIES IN MAJALENGKA REGENCY
DOI:
https://doi.org/10.33603/hermeneutika.v9i1.9826Keywords:
Consumer Protection, Drug Use, Without Prescription, Authority of OJKAbstract
Pharmacies, as business actors in the drug distribution chain, play an important role in providing adequate education and information to consumers, in accordance with established regulations. However, the reality in the field often shows practices that are far from ideal. One manifestation is the availability of drugs in pharmacies that can be purchased with or without a doctor's prescription. The purpose of the research in this study is to analyze the legal study of the use of drugs without a doctor's prescription by pharmacies based on the Health Law and to examine and provide an ideal concept related to legal protection for patients who get drugs without a doctor's prescription at pharmacies. This study uses a normative legal approach with a descriptive analytical nature. Data were collected through literature studies to obtain secondary data from primary, secondary, and tertiary legal materials. Field research was also conducted to obtain primary data that supports secondary data. Data analysis was conducted using qualitative analysis techniques. The results of the study show that the legal analysis of the provision of drugs without a doctor's prescription highlights the importance of strict regulations to protect public health in accordance with the Health Law. Prescription drugs may only be provided with a doctor's prescription to prevent side effects, drug resistance, and abuse. Pharmacies are responsible for complying with the rules, providing education, and providing clear information to patients. Regulations also protect patients who are harmed by pharmacy negligence, with the right to demand justice and compensation. Strict supervision, public education, and consistent enforcement of the law are needed to ensure safe drug management, in addition pharmacies are expected to improve services for public safety.
References
Damayanti, S., & Maradona. (2023). Legal protection of patient rights in health services in Batu City. Unes Law Review Journal, 6(2), Artikel 1627. https://doi.org/10.31933/unesrev.v6i2
Fiqri, H. (2021). Pharmacist's responsibility for providing drugs without a doctor’s prescription at the Sukajadi District pharmacy, Pekanbaru City based on Government Regulation Number 51 of 2009 concerning pharmaceutical work (Skripsi, Universitas Islam Riau). https://repository.uir.ac.id/15355/
Government Regulation Number 51 of 2009 concerning Pharmaceutical Work.
Law of the Republic of Indonesia Number 17 of 2023 concerning Health.
Presidential Regulation Number 72 of 2012 concerning the National Health System.
Purba, N. (2023). Qualitative study of the implementation of self-medication services at Bintang Farma Pharmacy. Suara Forikes Health Research Journal, 14(2), 302. https://forikes-ejournal.com/index.php/SF/article/view/sf14212
Rahman, Y. (2014). Review of the Constitutional Court decision in the 2004 Presidential Election PHPU dispute (Constitutional democratic state perspective). Jurnal Konstitusi, 11(4), 652. https://doi.org/10.31078/jk1143
Regulation of the Minister of Health Number 14 of 2021 concerning Standards for Business Activities and Products in the Implementation of Risk-Based Business Licensing in the Health Sector.
Regulation of the Minister of Health Number 3 of 2020 concerning Hospital Classification and Licensing.
Regulation of the Minister of Health Number 72 of 2016 concerning Standards Service Pharmacy in Hospitals.
Regulation of the Minister of Health Number 73 of 2016 concerning Pharmaceutical Service Standards in Pharmacies.
Republic of Indonesia Law Number 8 of 1999 concerning Consumer Protection.
Soemitro, R. H. (2013). Legal research methodology and jurimetrics. Jakarta: Ghalia Indonesia.
Sutrisno, E. (2007). Legal culture in protecting environmental pollution. Cirebon: Swagati Press.
Sutrisno, E. (2009). Anthology of law and globalization. Yogyakarta: Genta Press.
The 1945 Constitution of the Republic of Indonesia.
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