TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN TERHADAP PRODUK KOSMETIK YANG BEREDAR DI INDONESIA (PUTUSAN NOMOR 39/PID.SUS/2024/PN LBT)

Abstract

The cosmetics industry in Indonesia is growing rapidly in line with increasing public demand. However, the rampant circulation of illegal cosmetics without distribution permits from the Indonesian Food and Drug Administration (BPOM) poses a threat to consumers. This article discusses the regulation of cosmetics distribution in Indonesia and the judge's considerations in Decision Number 39/Pid.Sus/2024/PN Lbt regarding the case of RA, who was sentenced to 1 year and 6 months in prison for distributing 273 illegal cosmetics. This study uses a normative juridical method with a legislative, conceptual, and case approach. The main sources of law include Law No. 17 of 2023 concerning Health, Law No. 8 of 1999 concerning Consumer Protection, and BPOM Regulation No. 12 of 2020. The results of the study show that the regulations are comprehensive, but in practice there are still many violations due to weak supervision and low awareness among business actors. The judge's decision reflects the proportional application of criminal law, based on the principle of legality, as well as consideration for consumer protection. Law enforcement on illegal cosmetics needs to be strengthened through more effective BPOM supervision and fair criminal sanctions that have a deterrent effect.