Kentarou Kaneda Kentarou Kaneda
Ginzaseiwa Law Office, Tokyo, Japan

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Corrective Justice and Consumer Protection: Analyzing Liability for Hazardous Cosmetic Circulation on Digital Platforms Carine Aurellia Carine Aurellia; Velliana Tanaya; Kentarou Kaneda Kentarou Kaneda
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.1986

Abstract

The rapid expansion of Indonesia’s cosmetics e-commerce has heightened the circulation of hazardous products, exposing a critical regulatory gray area: digital platforms actively profit from transactions but evade liability through standard exoneration clauses, leaving consumers to bear disproportionate risks in a structurally asymmetric digital ecosystem. This study addresses this legal tension by evaluating the liability chain of online cosmetic distribution through the theoretical lens of corrective justice. Moving beyond conventional contractual frameworks, this research employs a normative legal method with statutory and case-study approaches, specifically analyzing the Madame Gie and Amiraderm incidents. The theoretical novelty lies in conceptualizing corrective justice to establish a shared corrective obligation for platforms, arguing that their failure to exercise timely facilitative oversight, including seller verification and prompt non-compliant listing removal, constitutes actionable negligence. While manufacturers, brand owners, and sellers face strict liability, this paper’s primary scientific contribution is the formulation of an integrated, multi-tier liability model that bridges the gap between administrative compliance and substantive consumer redress. Ultimately, we propose a systemic reform framework, real-time BPOM-platform data integration, to institutionalize corrective justice and restore consumer dignity in the digital marketplace.