The Role of the Food and Drug Monitoring Agency in Supervising the Distribution of Free-Prescription Hard Drugs: An Empirical Legal Study in Surabaya

The distribution of drugs without a doctor's prescription remains a problem that threatens public health since the distribution is carried out illegally and does not comply with statutory provisions. This study aims to analyze the role of the Surabaya's Food and Drug Monitoring Agency (FDMA) in tackling the distribution of free-prescription drugs, identifying obstacles, and formulating criminal law policy reforms. This study employs an empirical legal research method with a sociological approach. Data were obtained through interviews and observation at Surabaya, then analyzed descriptively qualitatively. The results of the study show that FDMA in Surabaya has implemented investigative authority in accordance with Law Number 17 of 2023 concerning Health through supervision, investigation, coordination with the Regional Police and the prosecutor, along with education to the public. However, several obstacles are still found in the implementation, such as a limited number of investigators, uncooperative suspects, the existence of parties protecting illegal business actors, intervention by legal counsel, and low public awareness. Based on the findings, this article urges an update on criminal law policy in the form of regulating criminal liability for parties who intentionally purchase free-prescription hard drugs in unreasonable quantities for the purpose of illegal re-distribution in order to break the chain of distribution of drugs while still adhering to the principles of legality, fault, and proof in criminal law.