Criminal Liability for Perpetrators of Illegal Trafficking of G-List Drugs in Indonesia

One of the problems that is being faced by the Indonesian state in the health sector is the illegal circulation of drugs by people who do not have the authority and expertise in the pharmaceutical sector so that it can threaten the safety of the community. To overcome this, the Government of Indonesia has passed Law Number 17 of 2023 concerning Health, but the reality is that there is still frequent illegal circulation of G-list drugs that should be carried out with a prescription and supervision of a doctor. This research is normative research, with a legislative-legislative approach and a case approach. The results of the research are, First, that the judge's consideration in imposing a criminal verdict against the perpetrator of the criminal act of illegal circulation of G-list drugs in the Decision of the Sidoarjo District Court Number 67/Pid.Sus/2024/PN Sda, that the defendant's act of distributing G-list drugs of the Trihexphenidyl/Holi type without a permit is an act that violates Article 435 Juncto Article 138 paragraphs (2) and (3) of Law Number 17 of 2023 concerning Health. Second, that criminal liability for the perpetrators of illegal circulation of G-list drugs in the Decision of the Sidoarjo District Court Number 67/Pid.Sus/2024/PN Sda, the judge has not maximally imposed a prison sentence in accordance with the threat listed in Law Number 17 of 2023 concerning Health so that it does not cause a deterrent effect to the perpetrator and does not achieve the purpose of punishment, namely general prevention so that the public does not commit the same act in the future.