Kartikahadi , Anselma Dyah
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Penal Responses to Illegal Cosmetic Distribution: Legal Politics in Indonesia and Russia Kartikahadi , Anselma Dyah; Tanuwijaya, Fanny; Ohoiwutun, Y. A. Triana; Adonara, Firman Floranta
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.8289

Abstract

The circulation of illegal cosmetics containing hazardous substances or lacking marketing authorization has become a serious threat to public health and economic integrity in Indonesia and Russia. This research aims to analyze criminal law policy and regulatory frameworks governing the circulation of illegal cosmetics in Indonesia and Russia, as well as to evaluate the effectiveness and challenges of criminal law enforcement in the digital era in providing consumer protection. This study employs normative legal research using comparative, statutory, and conceptual approaches. The analysis examines secondary legal materials, including legislation, court decisions, and scholarly literature from both jurisdictions. The findings demonstrate that Indonesia, through Law Number 17 of 2023 on Health, has strengthened criminal sanctions for violations involving illegal cosmetics, with penalties of up to 12 years of imprisonment, reflecting a shift toward a more punitive criminal law policy for health protection. Meanwhile, Russia relies on the technical regulation TR CU 009/2011 and Article 238 of the Criminal Code, supported by the mandatory digital traceability system Chestny ZNAK. The comparative analysis reveals that the effectiveness of law enforcement largely depends on the synergy between administrative and criminal sanctions, as well as the capacity of regulatory frameworks to adapt to the development of electronic commerce platforms