Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Criminal Sanctions against Pharmacists Who Sell Antibiotic Drugs without a Doctor's Prescription: In Perspective of Health Law in Indonesia

Author(s): Teddy Asmara

The problem of antibiotic resistance is very complex in Indonesia and will continue to increase every year a pharmacist does them. The purpose of this study was to analyze the criminal law aspects of pharmacists who sell antibiotics without a doctor's prescription from a perspective legal in Indonesia. This type of research is normative legal research; the data obtained will be analyzed descriptively qualitatively. The results showed several examples of errors in pharmaceutical services that needed assessment whether it could be said to be malpractice or not, several errors in prescription assessment: Pharmacists received prescription drugs but did not perform screening/ assessment; The pharmacist accepts the doctor's prescription, but the writing is dubious/unclear, but the pharmacist does not fulfil his obligation to confirm with the doctor who wrote the prescription; and Misinterpreting or reading prescriptions, so that the drugs given are not following the doctor's prescription. For criminal liability, a pharmacist must first be identified as the perpetrator of a crime. Accountability is asked for or not; it is a second issue, depending on the parties' policy concerned to decide whether it is necessary to demand accountability. This problem concerns a criminal act (pharmacist) subject, which legislators have generally formulated.

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