PERLINDUNGAN HUKUM TERHADAP KETERSEDIAAN PANGAN DARI TINDAKAN PENIMBUNAN PANGAN : TINJAUAN UNDANG�UNDANG NOMOR 18 TAHUN 2012 TENTANG PANGAN

Food is one of the main needs of society whose availability and fulfillment must be
met by the state as stated in Law Number 18 of 2012 concerning Food. However, both
preventively and repressively have not been able to overcome people's food problems, one
of which is food hoarding. The increasing number of cases of food hoarding that occur
further strengthens the fact that legal protection for the availability and fulfillment of food
in the community is still not comprehensively accommodated. So, reform is urgently needed
in legal protection in accordance with applicable laws and regulations. The problems
discussed in this research are: 1) What form of legal protection can be provided to the
public through Law Number 18 of 2012 concerning Food from acts of hoarding food which
results in disrupting the availability of food? 2) What is the construction (role model) of
responsive legal protection in responding to the resolution of food hoarding actions based
on positive law in Indonesia? The aim of this research is to find out what kind of protection
has been provided through Law Number 18 of 2012 concerning Food from acts of food
hoarding, as well as to present a role model for responsive legal protection in overcoming
the problem of food hoarding for the sake of national food availability. . The method used
in the research is juridical-normative using the Statute Approach, Conceptual Approach
and Case Approach. The research results show that Law Number 18 of 2012 actually
provides legal protection from food hoarding, however there is confusion in the criminal
provisions of Article 133 of the a quo Law with the criminal provisions in the Trade Law,
giving rise to ambiguity in its use. Also, in the enforcement aspect, it is also known that in
fact the police have not been able to resolve cases of food hoarding, which is proven by the
resolution procedures not reaching the judicial process so that the imposition of sanctions
as a deterrent effect is not implemented properly.