Institusion
Universitas Sriwijaya
Author
ANES SEFTA ASMITA (STUDENT ID : 02012681620011)
Febrian Febrian (LECTURER ID : 0031016203)
Nashriana Nashriana (LECTURER ID : 0018096509)
Subject
K1000-1395 Commercial law
Datestamp
2019-10-03 02:40:29
Abstract :
The criminal act of selling blood is part of a special criminal act regulated in Law
No. 36 of 2009 concerning health. One of the means to overcome the crime of
selling blood is by using criminal law, namely the penal policy. In connection with
the criminal law policy used as a means of countering the crime of selling blood
in this thesis, the formulation of the problem is: How is the formulation policy of
the crime of selling blood in Indonesian positive law? What is the criminal
application policy for the perpetrator in the case of selling blood? criminal sale of
blood and the imposition of impending sanctions? The formulation of the problem
was answered in this thesis research. This research was carried out with an
approach. This type of research is a qualitative descriptive study to explain current
and future problems. This research method is a normative juridical research
method, with a statute approach, case approach, and conceptual approach. Legal
material consisting of primary and secondary legal materials and analysis of legal
materials in the form of court decisions. The results of this thesis research show
that criminal law policy in tackling the crime of selling blood by means of penal
means as outlined in Article 195 of Law Number 36 of 2009 concerning Health
has weaknesses with very little imprisonment sanction, namely maximum
imprisonment imprisonment 5 year. Criminal sanctions against criminals selling
blood should be exacerbated by the threat of a minimum of 5 years imprisonment
and a maximum of 10 years in prison, so that it can cause a "deterrent effect".
Blood Sales Crime Should Also Be Entered into the Indonesian Criminal Code Draft in the future.