Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

International Conference On Food Science and Engineering 2016

Wiryani, F.^1 ; Herwastoeti^1 ; Najih, M.^1 ; Haris, A.^2

Faculty of Law, University of Muhammadiyah Malang, Malang, Indonesia^1

Faculty of Islamic Study, University of Muhammadiyah Malang, Malang, Indonesia^2

关键词: Criminal acts;    Criminal justice;    Criminal laws;    Dispute resolution;    Favorable conditions;    Food packaging;    Legal protection;    Strategic role;   

Others  :  https://iopscience.iop.org/article/10.1088/1757-899X/193/1/012055/pdf
DOI  :  10.1088/1757-899X/193/1/012055

来源: IOP

【 摘 要 】

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.