KEWENANGAN BADAN PENGAWAS OBAT DAN MAKANAN TERHADAP PERDA PROVINSI BALI NO 5 TAHUN 2012 TENTANG PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL
ABSTRACT: The research was
conducted based on the same authority which is owned by the two institutions,
namely Food and Drug Administration of the Republic of Indonesia and Bali
Provicial Government in monitoring and controlling of alcoholic beverages in
Bali. The results of this study demonstrate the Food and Drug Administration and
the Provincial Government of Bali have the same authority to supervise and control
alcoholic beverages in Bali. Bali Local Government Regulation Number 5 of 2012
on the Circulation of Alcoholic Beverage Control only requires each has a label
on alcoholic beverages issued by the Government of Bali has to be distributed
to the public, while the authority of the Food and Drug Administration is
regulated in the Regulation of Minister of Health of the Republic of Indonesia Number
382/MENKES/PER/VI/1989 on Registration of Food that requires all food produced
both by local producers and imported foods are required to be registered to the
Ministry of Health through the Food and Drug Administration. In the Regulation
Number 5 Year 2012 did not include the authority of the Food and Drug
Administration (the Empty Norms) so that the Food and Drug Administration can
not perform optimally the law enforcement against manufacturers, distributors
and sellers of alcoholic beverages in violation. To cope with the condition it
should be a amendment in the Bali Provincial Regulation Number 5 of 2012 by
stating firmly and clearly the authority of the Food and Drug Administration
related to the registration of food, which requires that for all foods and
beverages that will be distributed to the public must be registered to the
Ministry of Health through the Food and Drug Administration.
Keywords: Authority, Legal
certainty, Alcoholic Beverages
Penulis: I Putu Mahentoro
Kode Jurnal: jphukumdd130074
