The Legal Protection towards Traditional Drug in Accordance to the Head of National Food and Drug Agency Rules about Consumer Protection in Indonesia

Abstract

Nowadays, there are many drugs services offering to consumers. In practice, many traditional medicines production used harmful substances which was brought much negative impact to human health. It caused by the chemicals contain used to the drugs production that were prohibited from being used for medicinal substances.

In case of concerning and discussing this problem, a library research method was used to examine secondary data related to the problems in this study.

Legal protection procedures for consumers created due to the negative impact on the use of traditional medicines were being able to revoke distribution permits and order withdrawals from the circulation of traditional medicinal supplies by Indonesian Food and Drug Authority (BBPOM) if they were not proven for having quality and safety requirements and expediency. Traditional medicines that had been withdrawn from circulation because they did not find the specified requirements would be destroyed in accordance with the prevailing laws and regulations. Based on the discussion carried out, it can be concluded that the legal consequences for producers of traditional medicines which were detrimental to consumers according to Law Number 23 of 1992 concerning Health and Law Number 8 of 1999 concerning Consumer Protection was that consumers able to file a lawsuit so that the authorized agency provides the business license revokes the license and orders the withdrawal from the circulation of the drug supply and the person who was harmed by the incident of negligence, is inadvertent, has the right to get compensation for the loss by submitting evidence of the producer's error in the incident and submitting it to the Court Country.