Perlindungan Hukum bagi Konsumen terhadap Kosmetik Impor Tanpa Izin Edar = Legal Protection for Consumers against Imported Cosmetics without Marketing Authorization

Olivia, Kenny (2022) Perlindungan Hukum bagi Konsumen terhadap Kosmetik Impor Tanpa Izin Edar = Legal Protection for Consumers against Imported Cosmetics without Marketing Authorization. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

The need for cosmetics is increasing in order to meet the needs of consumers in society. Due to the high demand for cosmetics in the community, entrepreneurs are competing to supply cosmetics with various brands, types, quality, appearance, and prices, both local cosmetics and imported cosmetics. However, it turns out that there are many illegal cosmetics circulating in public, especially imported cosmetics. Illegal cosmetics are cosmetics that do not have a marketing authorization number from Food and Drug Administration (BPOM). Whereas, entrepreneurs of imported cosmetics, which in this case are importers, are obliged to register their cosmetics before the cosmetics distributed to the public to guarantee the rights of consumers to get comfort, security, and consumer safety in the use of these cosmetics. This research uses a type of normative-empirical legal research that refers to legislation related to legal facts that occur in the society against illegal cosmetics, carried out through a literature study with reading sources, and through. A legal protection is needed for consumers who wear illegal cosmetics in the event of an unwanted loss. This legal protection has been stated in the Consumer Protection Act Number 8 Year 1999 (UUPK) which mandates the rights and obligations for consumers and entrepreneurs to create justice and legal certainty for the parties. Cosmetic entrepreneurs who harm consumers must be responsible for their actions by compensating for losses suffered by consumers, or even by imposing administrative or criminal sanctions. The liable that held to the entrepreneur is under strict liability when they responsible for the damage caused whether they have intent or not, also there is a sub-category known as product liability which applies when a defective product is the responsibility of the entrepreneur causing injury to the consumer.

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