Criminal Liability Against Business Actors Who Sell Imported Food Products Without Circulation License Through Online Store (Study of Decision No. 613/Pid.Sus/2019/Pn.Pdg)

DOI

10.2991/assehr.k.220404.070How to use a DOI?

Keywords

Criminal liability; Business actors; Distribution license

Abstract

In this modern era, technological developments are increasingly advanced and growing rapidly, because of these technological advances, it supports transactions through online shops, causing some business actors who sell goods and services both domestically and abroad who do not have a license. certain of the goods it sells. And these goods have been circulated and traded freely, so that business actors can sell goods with high competitiveness both domestically and abroad. Even the existence of free trade can have a negative impact on those who have bought it. Therefore, there must be the application of criminal liability to business actors who have committed criminal acts by selling products in the form of goods or services that violate an applicable provision. Based on the results of the analytical research in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the perpetrator can be imposed with criminal sanctions because he has fulfilled one of the elements, namely the ability to be responsible for all his actions. In criminal liability which is one of the other requirements is the element of ability to be responsible for a criminal act. So every criminal act in the Criminal Code can generally be described into two types, namely subjective and objective elements. Based on the judge’s consideration in Decision No. 613/Pid.Sus/2019/Pn.Pdg, the defendant should be sentenced to a fine because the defendant’s actions clearly harm the state in terms of non-tax state income or abbreviated.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

TY  - CONF
AU  - Christopher Christopher
AU  - Rugun Romaida Hutabarat
PY  - 2022
DA  - 2022/04/21
TI  - Criminal Liability Against Business Actors Who Sell Imported Food Products Without Circulation License Through Online Store (Study of Decision No. 613/Pid.Sus/2019/Pn.Pdg)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 444
EP  - 450
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.070
DO  - 10.2991/assehr.k.220404.070
ID  - Christopher2022
ER  -