Legal Review of Consumer Legal Protection Against the Distribution of Illegal and Dangerous Cosmetics (Case Study at Semarang Food and Drug Supervisory Agency)

Abstract

Incessant offers of cosmetic products through advertising and online media as if the products are trusted and safe to use. Whereas consumers have the right to receive goods in a safe and secure condition, from these facts it is clear that business actors do not fulfill consumer rights. This means that the actions of business actors can be categorized as acts that violate the law and result in losses to consumer rights. This research aims to determine and analyze consumer legal protection against the distribution of illegal and dangerous cosmetics; to find out and analyze the obstacles that influence the legal protection of consumers against the distribution of illegal and dangerous cosmetics. This research uses a sociological juridical approach. Based on the research results, it was found that the Food and Drug Supervisory Agency (BPOM) has provided legal protection efforts based on the Consumer Protection Law which can be carried out by consumers through 2 settlement methods, namely litigation and non-litigation. If the parties have a dispute outside of court, BPOM provides a solution for resolving the dispute using the Alternative Dispute Resolution mechanism through the Consumer Dispute Resolution Agency (BPSK). One of the weaknesses or obstacles faced in obtaining legal protection is that there are still many people who are consumers of cosmetic product users, namely the level of consumer awareness of their rights is still low. For this reason, the Consumer Protection Law is also intended to be a strong legal basis for the government and also independent consumer protection institutions in the community to carry out consumer empowerment. Some of the obstacles that BPOM Semarang often faces in monitoring the distribution of illegal and dangerous cosmetic products are: 1) Community Factors; 2) BPOM Internal Factors; 3) Business Actor Factors.