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All Journal KRTHA BHAYANGKARA Journal Social Sciences and Humanioran Review
Eliska Vioni
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Protection of Consumers Using Beauty Products Promoted by Marketing Influencers: A Comparative Study of the United States – Indonesia Eliska Vioni; Ridha Wahyuni
KRTHA BHAYANGKARA Vol. 19 No. 1 (2025): KRTHA BHAYANGKARA: APRIL 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i1.3693

Abstract

This study aims to determine the legal regulations and responsibilities of Influencers towards consumers in carrying out marketing or promotional practices on social media related to dangerous beauty products and containing misleading claims, and how they compare with the legal regulations in the United States, as well as the legal efforts that can be taken by consumers who suffer losses due to these marketing practices. The method used in this study is normative juridical with a statutory approach (Statute Approach) and a comparative approach (comparative approach). The results of the study show that there are no legal regulations that specifically regulate Influencer marketing practices in Indonesia, based on the UUPK, legal responsibility for consumer losses is only borne by business actors because the position of Influencers cannot be categorized as advertising business actors. In the United States, business actors and influencers are burdened with their responsibilities because their positions have been regulated by the Federal Trade Commission (FTC). However, influencers in Indonesia can still be sued for disseminating misleading information, as per Article 28 (1) of the ITE Law and Article 1365 of the Civil Code, for the claims they make.
EXAMINING THE CRIMINAL RESPONSIBILITY OF THE INDONESIAN FOOD AND DRUG AUTHORITY REGARDING THE DISTRIBUTION LICENSE OF SYRUP MEDICINES IN CASES OF ACUTE KIDNEY FAILURE Putri Nabila Sahwahita; Eliska Vioni; Salma Agustina
Journal Social Sciences and Humanioran Review Vol. 1 No. 02 (2024): MARCH
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v1i02.38

Abstract

In 2022, there was a phenomenon of cases of Atypical Progressive Acute Kidney Disorders in Children. After laboratory examinations were carried out by The Indonesian Food and Drug Authority together with other institutions, it was found that the compounds Ethylene Glycol (EG), Diethylene Glycol (DEG), and Ethylene Glycol Butyl Ether (EGBE) exceeded the limits in syrup medicines consumed by children. Based on this, this research aims to determine criminal responsibility by BPOM as the party that supervises all distribution of medicines and food regarding the distribution of syrup medicines which cause acute kidney failure in children and indications of the application of the murder article in the Criminal Code as BPOM's responsibility. The object of study in regulating legitimate composing is the disclosure of law in concreto using statutory and conceptual approaches. The research results show that in this case BPOM can be held criminally liable because it essentially fulfills the elements of error due to negligence. Apart from that, if we examine the Criminal Code, the legal basis that can accommodate BPOM's actions is Article 205 of the Criminal Code because in this case BPOM was negligent in granting a distribution permit for the syrup medicine which resulted in MMR and resulted in the death of the child.
Co-Authors Putri Nabila Sahwahita Ridha Wahyuni Salma Agustina