Legal protection is one of the State's efforts to provide justice and the fulfillment of
rights regulated by applicable laws and regulations. This is something that is
expected for pharmacies as business actors for the negligence of pharmaceutical wholesalers in distributing drugs which results in drugs arriving at pharmacies not
in accordance with their quality, safety, and usefulness. Legal protection for
pharmacies for drugs that do not comply is regulated in the appendix to the
Regulation of the Food and Drug Supervisory Agency Number 9 of 2019
concerning Technical Guidelines for Good Drug Distribution. On the other hand,
compensation for losses which is the responsibility of PBF as a business actor is
regulated in Article 19 of the Law of the Republic of Indonesia Number 8 of 1999
concerning Consumer Protection. This shows that with the existence of these two
laws and regulations, legal protection for pharmacies as business actors in terms
of drug distribution channels and law enforcement has been fulfilled. However, in
practice there are cons where Pharmacy Wholesalers do not fulfill their
responsibilities and obligations in drug distribution channels. This study uses
empirical juridical research methods. The purpose of this study is to find out how
the legal protection for Pharmacy business actors against Pharmaceutical
Wholesalers who violate the technical guidelines for Good Drug Distribution
Methods in drug distribution. The results of the research and discussion show that
legal protection for pharmacies as business actors has been guaranteed in the drug
distribution channel, namely by replacing new drug products by Pharmaceutical
Wholesalers or the pharmaceutical industry (Principal) for drugs that do not match
the quality, safety and benefits due to the negligence of the Wholesalers. Pharmacy
in the implementation of drug distribution. On the other hand, it is also guaranteed
by the administration of administrative sanctions by the Head of the Food and Drug
Supervisory Agency for the actions of Pharmaceutical Wholesalers who violate the
technical guidelines for Good Drug Distribution Methods in drug distribution. The
imposition of administrative sanctions aims to provide a deterrent effect on
Pharmaceutical Wholesalers, because it can be said that the administration of
administrative sanctions provides considerable losses for Pharmaceutical
Wholesalers as business actors. From a civil law perspective, the actions of
Pharmaceutical Wholesalers that violate the technical guidelines for Good Drug
Distribution Methods can be qualified as Unlawful Acts. The definition of unlawful
acts is broadly regulated in the Hoge Raad Decision dated January 31, 1919. If the
dispute resolution in the drug distribution channel of the Pharmacy still feels
aggrieved by the actions of the Pharmacy Wholesalers, the Pharmacy can file a
claim for compensation on the basis of Article 1365 of the Law -Civil Law which
regulates the elements of Unlawful Acts. This shows that legal protection for
pharmacies as business actors is also guaranteed by the State in resolving disputes
through litigation.