Analisis Yuridis Tindak Pidana Perdagangan Kosmetik Yang Tidak Memiliki Izin Edar Dalam Transaksi Jual Beli Online (E-Commerce) (Studi Putusan Nomor 976 /Pid.Sus/2020/Pn Mks, Nomor 107/Pid.Sus/2021/Pn Kds, Nomor 139/Pid.Sus/2022/Pn Pgp, Nomor 108/Pid.Sus/2023/Pn Ptk)

Abstract

The trade in cosmetics is carried out through online media or marketplaces, so that the perpetrators of the crime of the cosmetic trade who do not have a license in the online sale transactions endanger the consumer. The purpose of this study is to find out the legal regulations of cosmetics that do not have a license in online sales transactions, to identify the criminal elements in the criminal act of the cosmetic trade that does not have an license, and to analyze the application of the criminal law to the criminal offence of the non-license in the online sale transaction with the Study of the Decision Number 976 /Pid.Sus/2020/Pn Mks, Decision Number 107/Pid./Sus./Pn Kds, Decision Number 139/PID.SUS/2022/Ppn Pgp, Decision Number 108/ Pid.Sus/2023/Pn Ptk. This study uses a method of normative juridical research with vertically and horizontally synchronized scope that is analytically descriptive. Data sources using primary, secondary and tertiary legal materials are collected with library study techniques and analyzed through methods of qualitative data analysis. The legal regulation on criminal acts of trade in cosmetics without a license in online sales transactions is governed by Article 197 of the Health Act No. 36 of 2009 that any person who deliberately produces or distributes pharmaceutical supplies and/or medical devices without a licence as referred to in Article 106 paragraph (1) is punishable by a penalty of imprisonment for a maximum of 15 (fifteen) years and a fine of up to Rs. (satu miliar lima ratus juta rupiah). The criminal element in the offence of trafficking in cosmetics without a license is the subjective element and the objective element of the crime, whereas the object is the act of deliberate, producing or distributing pharmaceutical products and/or medical devices and has no license from the author. Criminal law enforcement of the perpetrators of crimes of cosmetic trade who do not have a license in online sale transactions with the Study Decision No. 976 /Pid.Sus/2020/Pn Mks, Decision Number 107/Pid/Sus/Ms Kds, Decree Number 139/PID.SUS/2022/Pd Pgp, Decission Number 108/Ped.Sos/2023/Ptk there are differences of criminal punishment. The distinction of such criminal cases is based on legal facts and judges' considerations during the trial. Judgment falls in cases where the author has not yet given effect to the perpetrator because it is very low when associated with such a high criminal threat.