Akibat Hukum Terhadap Produk Kosmetik Kecantikan Yang Tidak Didaftarkan Menurut Ketentuan Badan Pengawas Obat Dan Makanan (BPOM)

Abstract

Cosmetic products have now become a human need for both men and women, Glanz is one of the cosmetic products circulating in Indonesia, but the circulation of these products has not been registered with BPOM so the product is said to be an illegal product. The problem arises what are the legal consequences for Glanz beauty products that are not registered with BPOM? The research method in writing used is the normative legal research method supported by interviews. The research data obtained that Glanz beauty products that are sold in the community but do not have a distribution permit from BPOM can be subject to criminal and administrative sanctions. Beauty manufacturer Glanz has violated the provisions in Law Number 8 of 1999 concerning Consumer Protection Article 4 letter c, Article 7 letter a, Article 7 letter d, and Article 8 paragraph (1) letter a, Decree of the Head of BPOM RI Number HK.00.05.4.1745 concerning Cosmetics. Article 2 letter c and Article 10 paragraph (1), Law Number 36 of 2009 concerning Health Article 106 jo Article 1997. Producers can also be sued civilly with damages with reference to Article 1365 of the Penal Code which affirms that any unlawful act that brings harm to another person, obliges the person who wrongly issued the loss to compensate for the loss. This provision is to provide certainty of the responsibility of business actors if they cause losses to consumers. The public must respond quickly if they find fake drugs and cosmetics to immediately report to BPOM as soon as possible so that this problem can be resolved quickly.

Keywords: Products, Cosmetics, BPOM