ANALISIS PUTUSAN HAKIM NOMOR 41/PID.SUS/2018/PN BATU LICIN, TENTANG PERKARA SEDIAAN FARMASI OBAT DAFTAR G JENIS CARNOPEN YANG TIDAK MEMILIKI IJIN DITINJAU DARI ASPEK KEADILAN

The main task of the judge is to accept, examine and try and settle every case submitted to him. It seems very simple for the judge's duties as referred to in Article 2 paragraph 1 of Law Number 48 of 2009, but in reality it is not easy and that simple. The formulation of the problem in this study is 1) What is the Basic Consideration of Judge Judge Number 41 / Pid.Sus / 2018 / PN Batu Licin about the case of circulating pharmaceutical preparations for the list of G types of carnopen that do not have permission? 2) How is the Decision Number 41 / Pid.Sus / 2018 / PN Batu Licin concerning the case of circulating pharmaceutical preparations of the list of drugs G type carnopen that do not have permission in terms of aspects of justice? The approach used in this writing is normative juridical. The data used in this study are primary and secondary data. Analysis of legal materials used in this study is descriptive quality. The results of the analysis show that the basis for the Judgment of Judge Number 41 / Pid.Sus / 2018 / PN Batu Licin about the case of circulating pharmaceutical drug preparations list G types of carnopen which do not have permission, namely subjectively in this case, which is concerning a priori behavioral attitudes, behavioral attitudes emotional, arrogant and moral attitude. Objectively, that is regarding social, cultural and economic backgrounds, professionally. Decision Number 41 / Pid.Sus / 2018 / PN Batu Licin concerning cases circulating pharmaceutical preparations of the list of G types of carnopen which do not have permission in terms of justice, namely 1) declaring the aforementioned Defendant Candra Bin Rahmadi legally and convincingly guilty committing a criminal offense "intentionally circulating Pharmaceutical preparations that do not have marketing authorization" as in the primary indictment 2) Imposing a sentence to the Defendant because of that with imprisonment for 1 (one) year and 2 (two) months and a fine of Rp.2,000,000 00 (two million rupiahs) with the provision that if the fine is not paid is replaced by a confinement for 1 (one) month; and 3) Determine the period of arrest and detention that has been carried out by the Defendant entirely deducted from the sentence imposed

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