Criminal Liability for Medical Personnel Who Commit Narcotics Abuse (Decision Study Number 958/Pid.Sus/2016/PN.SBY)
Keywords:
Liability, Medical Personnel, NarcoticsAbstract
The general aim of this research is to determine the criminal responsibility of medical personnel who abuse narcotics. This research is included in normative research. The results of the research show that: a) Medical personnel can be suspected of committing Article 122 paragraph 2 of the Narcotics Law No. 35 of 2009 because they were proven guilty of intentionally selling the narcotic type saboxone, which is categorized as category three, freely. Saboxone should be given to a drug addict, where taking it is accompanied by a prescription and assistance from a doctor. However, the doctor sells it freely to drug addicts. Article 122 paragraph (1) Law Number 35 of 2009 concerning Narcotics whose elements are: Every Person; Without Rights or against the Law; Possessing, storing, controlling, or providing class III narcotics. And b) Criminal liability for medical personnel who violate Article 122 paragraph 2 of the Narcotics Law No. 35 of 2009 which states that: Every person who without rights or against the law owns, keeps, controls or supplies Class III narcotics, shall be punished with a maximum prison sentence. a minimum of 2 (two) years and a maximum of 7 (seven) years and a fine of at least IDR 400,000,000.00 (four hundred million rupiah) and a maximum of IDR 3,000,000,000.00 (three billion rupiah). In the event that the act of possessing, storing, controlling, providing Class III narcotics as intended in paragraph (1) weighs more than 5 (five) grams, the perpetrator shall be punished with imprisonment for a minimum of 3 (three) years and a maximum of 10 (ten) years and criminal the maximum fine as intended in paragraph (1) plus 1/3 (one third).
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.