Synchronization of Regulations

Oct 13, 2025 by pinkandtrash.com 8 views

Criminal Accountability for the Activities of Distributing Fresh Imported Horticultural Products that Do Not Meet the Quality Standards and/or Food Safety in Law No. 13 of 2010 Concerning Horticulture

Introduction

Fresh horticultural products, such as fruits, vegetables, and tubers, are essential commodities in the daily needs of the community. However, due to their easily damaged and vulnerable nature, the circulation of imported horticultural products requires strict supervision to ensure the quality and safety of food. This article will discuss the legal aspects related to the circulation of imported horticultural products that do not meet the quality standards and/or food safety in Law No. 13 of 2010 concerning Horticulture.

Rules and Sanctions

Regulations governing the circulation of imported horticultural products that do not meet quality standards and/or food safety are contained in various regulations, both at the national and international levels. At the international level, the Sanitary and Phytosanitary (SPS) Measures agreement in the World Trade Organization (WTO) requires that every importer country has a health certificate for imported horticultural products. At the national level, Law No. 8 of 1999 concerning Consumer Protection and Law No. 18 of 2012 concerning Food Further regulate the requirements and supervision of food products, including fresh horticultural products.

UU no. 13 of 2010 concerning Horticulture provides criminal sanctions for perpetrators who distribute imported imported horticultural products that are not in accordance with quality standards and/or food safety. Article 88 paragraph 4 of Law No. 13 of 2010 concerning Horticulture, in conjunction with Articles 128 and 129 paragraphs 1 and 2, is a legal basis for ensuring perpetrators with criminal sanctions. In addition, PP No. 28 of 2004 concerning Safety, Quality and Nutrition of Food, the Minister of Trade Regulation and Regulation of the Minister of Agriculture are technical guidelines in the implementation of Law No. 13 of 2010 concerning Horticulture.

Synchronization and Problems

Although it has been regulated in various regulations, there are still some weaknesses related to the synchronization of regulations and their implementation. Vertically, administrative sanctions stipulated in Article 122 jo Article 88 paragraph 1 of Law No. 13 of 2010 concerning Horticulture has been synchronized with its implementing regulations, namely Ministerial Regulation. However, horizontally there is an impermanence of maximum criminal threats of fines in the Special Regulation of Law No. 13 of 2010 concerning Horticulture with general rules in Law No. 18 of 2012 concerning Food. This requires adjustments so that the rule of law is more consistent and effective.

Criminal Accountability and Element of Error

The application of criminal accountability to the perpetrators who circulate fresh imported horticultural products that are not suitable for consumption refer to the principle of "no criminal without any mistakes". That is, the perpetrators must have an element of error, namely the ability to be responsible, intentional or negligence, and there is no reason forgiven. The three elements are interrelated and inseparable.

Legal subjects that can be responsible include individuals, such as officials who are authorized in giving permits and supervision, as well as business entities, both in the form of legal entities or not. Examples of business entities that have the potential to be involved in the circulation of imported horticultural products that are not suitable for consumption include registered importers, producer importers, distributors, and retailers.

The Importance of the Application of Doctrine Strict Liability and Vicarious Liability

Considering the complexity of the circulation of imported horticultural products to consumers, it is necessary to apply the doctrine of strict liability and vicarious liability. The doctrine of strict liability stipulates that the perpetrators are absolutely responsible for the losses that occur without the need for proof of the element of error. Meanwhile, the doctrine of Vicarious Liability makes the perpetrators responsible for the mistakes of others under their supervision, such as employees or agents.

The application of the two doctrines is important to protect consumers from the risk of consuming imported imported horticultural products that are not suitable for consumption. This doctrine will also encourage business actors to be more responsible in managing and overseeing the circulation of their products.

Conclusion

The circulation of imported horticultural products that do not meet quality standards and/or food safety is a serious problem that needs to be overcome. Increasing supervision, synchronization of regulations, and the application of strict criminal accountability principles, as well as the application of the doctrine of Strict Liability and Vicarious Liability, is an important step to protect consumers and guarantee public health.

Recommendations

Improving Supervision: The government should increase supervision over the circulation of imported horticultural products to ensure that they meet quality standards and food safety.
Synchronization of Regulations: The government should synchronize regulations related to the circulation of imported horticultural products to ensure that they are consistent and effective.
Application of Strict Liability and Vicarious Liability: The government should apply the doctrine of strict liability and vicarious liability to ensure that perpetrators are held accountable for the losses that occur.
Education and Awareness: The government should educate and raise awareness among consumers about the importance of checking the quality and safety of imported horticultural products.

By implementing these recommendations, the government can ensure that the circulation of imported horticultural products is safe and meets quality standards, protecting consumers and guaranteeing public health.
Frequently Asked Questions (FAQs) about Criminal Accountability for the Activities of Distributing Fresh Imported Horticultural Products that Do Not Meet the Quality Standards and/or Food Safety in Law No. 13 of 2010 Concerning Horticulture

Q1: What are the consequences of distributing fresh imported horticultural products that do not meet quality standards and/or food safety?

A1: Distributing fresh imported horticultural products that do not meet quality standards and/or food safety can result in severe consequences, including criminal sanctions, fines, and even imprisonment. The perpetrators may also be liable for damages and losses incurred by consumers.

Q2: Who is responsible for ensuring the quality and safety of fresh imported horticultural products?

A2: The responsibility for ensuring the quality and safety of fresh imported horticultural products lies with the importers, producers, distributors, and retailers. They must ensure that the products meet the required standards and regulations before they are sold to consumers.

Q3: What are the regulations governing the circulation of fresh imported horticultural products?

A3: The regulations governing the circulation of fresh imported horticultural products are contained in various laws and regulations, including Law No. 8 of 1999 concerning Consumer Protection, Law No. 18 of 2012 concerning Food, and Law No. 13 of 2010 concerning Horticulture.

Q4: What is the principle of "no criminal without any mistakes"?

A4: The principle of "no criminal without any mistakes" is a legal principle that requires perpetrators to have an element of error, namely the ability to be responsible, intentional or negligence, and there is no reason forgiven. This principle is applied in the application of criminal accountability.

Q5: What is the doctrine of strict liability and vicarious liability?

A5: The doctrine of strict liability stipulates that the perpetrators are absolutely responsible for the losses that occur without the need for proof of the element of error. Meanwhile, the doctrine of Vicarious Liability makes the perpetrators responsible for the mistakes of others under their supervision, such as employees or agents.

Q6: Why is it necessary to apply the doctrine of strict liability and vicarious liability?

A6: It is necessary to apply the doctrine of strict liability and vicarious liability to protect consumers from the risk of consuming imported imported horticultural products that are not suitable for consumption. This doctrine will also encourage business actors to be more responsible in managing and overseeing the circulation of their products.

Q7: What are the recommendations to overcome the problem of circulating fresh imported horticultural products that do not meet quality standards and/or food safety?

A7: The recommendations to overcome the problem of circulating fresh imported horticultural products that do not meet quality standards and/or food safety include improving supervision, synchronizing regulations, applying strict liability and vicarious liability, and educating and raising awareness among consumers.

Q8: What is the role of the government in ensuring the quality and safety of fresh imported horticultural products?

A8: The government has a crucial role in ensuring the quality and safety of fresh imported horticultural products. The government must improve supervision, synchronize regulations, and apply strict liability and vicarious liability to ensure that perpetrators are held accountable for the losses that occur.

Q9: What are the benefits of applying the doctrine of strict liability and vicarious liability?

A9: The benefits of applying the doctrine of strict liability and vicarious liability include protecting consumers from the risk of consuming imported imported horticultural products that are not suitable for consumption, encouraging business actors to be more responsible in managing and overseeing the circulation of their products, and ensuring that perpetrators are held accountable for the losses that occur.

Q10: What is the importance of educating and raising awareness among consumers about the importance of checking the quality and safety of fresh imported horticultural products?

A10: Educating and raising awareness among consumers about the importance of checking the quality and safety of fresh imported horticultural products is crucial in ensuring that consumers are aware of the risks associated with consuming products that do not meet quality standards and/or food safety. This will also encourage consumers to take responsibility for their own health and well-being.