LEGAL PROTECTION FOR CONSUMERS DUE TO THE FREE MARKETING OF DRUGS IN PALU CITY

Abstract

The rapid advancement of science and technology today has significantly influenced the development of medicines, as seen from the emergence of various types of drugs freely circulating in the market. The Health Law grants the government authority to supervise matters related to public health, providing a foundation for regulating the supervision of drug production, procurement, and proper manufacturing practices. The research questions posed are: What are the responsibilities of producers and pharmacies in freely marketing drugs to consumers? To what extent is legal protection available to consumers for the sale of drugs freely sold in pharmacies? This research aims to determine the responsibility of producers and pharmacies in the free sale of drugs and to assess the legal protection available to consumers who may be harmed by the sale of freely marketed drugs in pharmacies. This study employs empirical legal research, which is based on field observations and interviews with various stakeholders and relevant institutions. The Department of Health is responsible for the supervision and regulation of the standards and/or requirements related to safety, efficacy, and quality of pharmaceutical preparations, medical devices, and household health supplies. This supervision is supported by BPOM (The National Agency of Drug and Food Control), a non-ministerial institution that issues drug circulation permits. Pharmacies, as business entities that distribute drugs to the public, are responsible for ensuring the proper circulation permits for pharmaceutical preparations, medical devices, and household health supplies. Legal protection for consumers concerning the circulation of freely marketed drugs is regulated under the Health Law, which includes provisions on the security and supervision of pharmaceutical preparations. If violations occur, the drugs are withdrawn from circulation and destroyed by the business entity (pharmacy) as part of the repressive measures outlined in the Consumer Protection Law. Business entities are responsible for compensating any damage, pollution, and/or losses suffered by consumers due to the consumption of goods and/or services produced or traded, with dispute resolution available through both litigation and non-litigation means.