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October 8, 2025Jurnal Hukum Volkgeist0 citationsOpen Access

Corporate Liability of Pharmaceutical Companies Producing Unsafe Drugs (Lesson-Learnt from the USA)

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HFHanifah FebrianiBWBagus Mulia Pandu WinotoCMCarissa Maharani

Key Points

  • Indonesia needs to implement a plea agreement framework to handle unsafe drug cases effectively.
  • A civil lawsuit could provide a more robust mechanism for accountability in the pharmaceutical industry.
  • Comparative analysis highlights how the USA's experience with corporate liability can inform Indonesia's legal improvements.
  • Increasing fines on pharmaceutical companies may deter the production of unsafe drugs in Indonesia.

Abstract

Since the end of 2022, Indonesia has been concerned with cases of kidney failure in children. Long before that, United States of America (USA) have experienced in handling the case of pharmaceutical company. This research aims to examine the Corporate Liability Settlement for the Pharmaceutical Industry Producing Unsafe Drugs in United States and Indonesia as well as to elaborate more about what Indonesia can improve reflecting from the cases in America. This is normative legal research, using comparative methodology as an approach. The research has found that Indonesia shall address the idea to settle the case with plea agreement, civil lawsuit, as well as oblige the corporation to enter in corporate integrity agreement. Furthermore, a higher amount of fine is required in order to deter the company.

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Cite This Study

Febriani et al. (2023) studied this question.

synapsesocial.com/papers/68e5c1c76950a706b22b610fhttps://doi.org/10.35326/volkgeist.v8i1.4620
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Also Consider

Synapse has enriched 5 closely related papers on similar clinical questions. Consider them for comparative context:

  1. 1Criminal Liability in the U.S. Pharmaceutical Industry – a Legal and Regulatory Analysis of Systematic Violations2025
  2. 2Big pharma biopolitics: A critical study of vaccine trials in Indonesia - a legal review2025
  3. 3Criminal Liability in The Perspective of Corporations' Crimes2024 · 2 citations
  4. 4The Effect of the Arrangement to Implement Local Working of Patents on the Policy of State's Responsibility in Fulfilling Public Accessibility Rights to Patent Medicine2022
  5. 5Pharmaceutical Product Liability2024