THE JURIDICAL ASPECTS OF DANGEROUS COSMETICS CIRCULATION UNDER THE PERCEPTIONS OF CONSUMER LEGAL PROTECTION IN INDONESIA
Sukirman(a), BambangDwiHasto(b), and Abraham Arimuko(c)
Students of Doctoral Program of Legal Sciences University of Borobudur
Abstract
This research aims to analyze legal protection for cosmetics consumer towards cosmetics circulation containing dangerous substance, and the responsibility of businessmen towards cosmetics products which harms consumers. The research method used in this study is sociological juridical approach, which is based on the legal approach that applies; from both laws and other laws and regulations and is also associated with the facts existed in society. The collected data will then be analyzed in accordance with the Law No.8 of 1999 concerning consumer protection, Law No. 36 of 2009 concerning Health, Indonesian Civil Code specifically the article 1365, 1366, 1367, and Government Regulation No.72 of 1998 concerning Pharmacy, and also the Decree of The Head of Indonesia National Agency of Drug and Food Control. The businessmen who produce cosmetics have to ensure that the products they produce is safe for consumption, is guaranteed, and qualified. Therefore, if there is any products causing harm to consumer, then the businessmen must be fully responsible for the burden of losses or harm suffered by the consumer. The responsibility from the businessmen can be in the form of compensation; can be in the form of refunds or replacement of goods of similar or equivalent value; health care; and/or appropriate compensation. Whereas, sanctions can be in the form of administrative sanctions up to criminal sanctions in accordance with applicable laws and regulations.
Keywords: legal protection, consumers, dangeours cosmetics.
Topic: Administratif Law