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Fadel Muhammad
Fakultas Hukum Universitas Tadulako

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TANGGUNG JAWAB PELAKU USAHA TERHADAP PEREDARAN ROKOK YANG TIDAK MEMENUHI STANDAR PRODUK: ind Fadel Muhammad; Sutarman Yodo; Ratu Ratna Korompot
HUKMY : Jurnal Hukum Vol. 6 No. 2 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i2.1380-1393

Abstract

The circulation of cigarettes that do not meet product standards remains a persistent issue in commercial activities in Palu City. One product that has attracted particular attention is Smith-brand cigarettes, which are suspected of failing to comply with legal requirements, particularly regarding excise stamps, product information, and health warnings on packaging. This study aims to analyze the legal responsibility of business actors for the distribution of Smith-brand cigarettes that do not meet product standards. The research employs an empirical legal method using statutory, conceptual, and case approaches. Data were obtained through field research conducted at the Customs and Excise Supervision and Service Office (KPPBC) Pantoloan, Palu City, and supported by library research. The findings indicate that business actors bear legal responsibility for ensuring that the products they distribute comply with applicable legal standards. The circulation of Smith-brand cigarettes without excise stamps and without adequate product information and health warnings constitutes a violation of consumer protection regulations and excise laws. Business actors may therefore be held liable through legal compliance measures, compensation for losses, and product withdrawal from the market. The large number of Smith-brand cigarettes confiscated by Customs and Excise authorities demonstrates that the distribution of such products remains widespread within retail networks. Therefore, stronger supervision and law enforcement are required to protect consumers and ensure legal certainty in commercial activities.