DISPARITAS PUTUSAN HAKIM MENGENAI TINDAK PIDANA PEREDARAN KOSMETIK TANPA IZIN EDAR

Abstract

Cosmetics comes from the Greek, namely Kosmetikos which means to decorate, arrange. According to the Big Indonesian Dictionary (KBBI), disparity means difference or distance. Disparity comes from the word (disparity: dis-parity) which is the negation of the concept of parity (parity) which means equal value or amount. In the context of sentencing, parita has the meaning of equality of punishment between similar crimes under similar conditions. Thus disparity is the unequal punishment between similar crimes under similar conditions and situations. The researcher uses the type of juridical-normative research and the data collection method uses a library search (Library Search) using information materials in the form of legislation, court decisions, books, documents related to the title of this research. These three decisions are subject to sanctions that can be said to be quite light because they are calculated only within a month which does not cause a deterrent effect on producers who continue to resell them, because after the facts were found in the trial the three producers had previously been warned by the related parties. As for the view of Islamic law, the criminal act of distributing cosmetics without a distribution permit is a finger of Tadlis part of the finger of ta'zir whose punishment is determined by Ulil Amri (Judge) with of course considering the benefit of the community.