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All Journal PALAR : Pakuan Law Review
Besty Habeahan
Faculty of Law, HKBP Nommensen University Medan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Responsibility of Business Actors to Consumers Harmed by the Use of Skincare Products That Have Their Distribution Licenses Revoked (Case Study Hn-Hetty Nugrahati Skincare Products) Kezia Br Manalu; Roida Nababan; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.50

Abstract

The circulation of dangerous skincare products whose distribution permits have been revoked, as in the case of HN (Hetty Nugrahati) skincare products, poses a serious threat to public health and demands strict legal accountability from business actors. This study aims to analyze the form of business actors' responsibility towards consumers who experience health losses based on Law Number 17 of 2023 concerning Health, and to examine the role of the Food and Drug Monitoring Agency (BPOM) in supervising cosmetic products that violate technical requirements. The research method used is descriptive juridical with a case study approach. Data analysis was conducted qualitatively descriptive juridical by reviewing relevant primary and secondary legal materials. The results of the study indicate that business actors bear absolute responsibility (strict liability) to provide compensation for health damage suffered by consumers due to the use of products that do not meet safety standards. BPOM plays an important role through pre-market and post-market supervision functions, providing public warnings, and revoking distribution permits to ensure legal certainty. However, coordination in the mechanism for providing consumer compensation is still not optimal. It is recommended that BPOM strengthen the inspection system to prevent administrative negligence and that business actors be more proactive in fulfilling consumers' right to compensation. Key Words : Strict Liability, Consumer Protection, Skincare, BPOM, Distribution Permit.
Juridical Analysis of Default Lawsuits in the Implementation of Peace Agreement Letters Due to Alleged Medical Negligence (Case Study of Decision Number 232/pdt. G/2025 PN Medan) Trie Tirta Nadya Marbun; July Esther; Besty Habeahan
PALAR (Pakuan Law review) Vol. 12 No. 1 (2026): Volume 12, Number 1 January-March 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i1.55

Abstract

This research is motivated by a medical dispute due to alleged negligence (malpractice) that has been settled out of court, but the hospital did not implement the contents of the agreement, thus creating legal uncertainty for the patient. The research problem is focused on the validity of the medical dispute settlement agreement and the judge's legal considerations in deciding the default case in Decision Number 232/Pdt.G/2025/PN Medan, with the aim of analyzing the legal status of the settlement deed and legal protection for the injured party. The research method used is normative legal research with a case and statutory approach. The results of the study indicate that the settlement agreement between the patient and the hospital is valid and binding based on Articles 1320 and 1338 of the Civil Code, which changes the legal relationship into a purely contractual relationship. In his decision, the judge stated that the Defendant was in default because he violated the obligation to pay compensation and medical costs that had been agreed upon, so he was sentenced to pay material compensation of Rp266,000,000. It is recommended for the parties that each peace agreement be confirmed through a court decision (Van Dading) or a notarial deed to guarantee stronger executorial powers, and for the hospital to be highly committed to implementing the agreement in order to protect the patient's rights and the institution's reputation. Key Word : Wanprestasi, Peace Agreement, Medical Dispute, Judge's Consideration
Co-Authors July Esther Kezia Br Manalu Roida Nababan Trie Tirta Nadya Marbun