KEWENANGAN BADAN PENGAWAS OBAT DAN MAKANAN TERHADAP PERDA PROVINSI BALI NO 5 TAHUN 2012 TENTANG PENGENDALIAN PEREDARAN MINUMAN BERALKOHOL

Abstract

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.