Penerapan Asas Equality Before The Law terhadap Putusan-Putusan Pengadilan tentang Tindak Pidana Penyalahgunaan dan Pengedaran Obat Farmasi Tanpa Izin dalam Undang-Undang Kesehatan

Abstract

This research was conducted with the objective to study and analyze the urgency of the principle of equality before the law in criminal justice enforcement, to study and analyze differences in court decisions regarding drug abuse and illegal pharmaceutical distribution from the perspective of equality before the law, and to study and analyze how future criminal law enforcement by judges should handle cases of illegal drug distribution and abuse according to this principle. This research uses normative research methods and a descriptive approach, with legislative and case approaches. It is supported by primary, secondary, and tertiary data, and data collection is done through library studies or document methods, analyzed qualitatively. The results of this study highlight the urgency of the principle of equality before the law as a fundamental basis for achieving justice. The differences in sentences imposed by judges are due to their use of progressive perspectives in sentencing, aligning with the concept of equality before the law. Future criminal law enforcement by judges should meet the demands of justice seekers, be grounded in fairness, legal certainty, and utility, and be consistent with natural law, positivism, sociological jurisprudence, American legal realism, and economic analysis of law. Suggestions from the results of this research are for law enforcers to consistently apply the principle of equality before the law and for POM centers to be more proactive in carrying out optimal supervision of all drug distribution throughout the region.