PALAR (Pakuan Law review)
Vol 11, No 4 (2025): Volume 11, Number 4 October-Desember 2025

Consumer Protection against Overclaim of Skincare Products: A Comparison of Regulations of BPOM Indonesia and the Ministry of Food and Drug Safety of South Korea

Amina, Frahnaz (Unknown)
Tarina, Dwi Desi Yayi (Unknown)



Article Info

Publish Date
18 Dec 2025

Abstract

AbstractThe development of the skincare industry in Indonesia has been accompanied by increasing overclaiming practices, indicating a legal loophole in consumer protection through regulation and supervision by the Indonesian Food and Drug Administration (BPOM). This study aims to compare the regulations and supervision of BPOM Indonesia and the South Korean Ministry of Food and Drug Safety (MFDS), which has a strong mechanism for regulating and supervising cosmetic products. The method used is normative juridical with a legislative, case, and comparative approach, through a literature study and descriptive analysis. The results show that BPOM's regulation of claims is still general and does not distinguish between general and functional cosmetics, does not set detailed scientific standards for proving claims, and supervision is reactive. On the contrary, South Korea's MFDS has implemented cosmetic classification, scientific evidence standards for claims, and proactive risk-based oversight. Therefore, BPOM is advised to clarify cosmetic classification, establish scientific evidence standards for claims, and develop an Integrated Digital Monitoring Framework System to strengthen proactive digital oversight and consumer protection. Keywords: Comparative Law, Consumer Protection, Overclaim.

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Journal Info

Abbrev

palar

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pakuan Law Review (PALAR) memuat naskah tentang isu-isu di berbagai bidang hukum yang aktual. PALAR adalah media dwi-tahunan, terbit sebanyak dua nomor dalam setahun (Januari-Juni, dan Juli-Desember) oleh Fakultas Hukum Universitas ...