Tanggung Jawab Hukum Prinsipal atas Discontinue Product dalam Distribusi Kosmetik Indonesia

Revino Mumek (Universitas Pelita Harapan, Surabaya, Jawa Timur, Indonesia)
Andyna S. Achmad (Universitas Pelita Harapan, Surabaya, Jawa Timur, Indonesia)

KERTHA WICAKSANA
Vol 20 No 2 (2026)

Discontinue Product policies are commonly implemented in the cosmetics and personal care industry as part of business strategies to adjust product portfolios to market developments and consumer preferences. However, product discontinuation frequently causes economic losses within the distribution chain, including overstock, aging stock, dead stock, declining product value, storage costs, and disruptions to business operations. Legal issues arise because Indonesian law does not specifically regulate the allocation of risks resulting from Discontinue Product policies, creating legal uncertainty regarding the parties responsible for such losses. This study aims to analyze the legal framework governing risk allocation arising from Discontinue Product policies in the cosmetics and personal care distribution chain in Indonesia and to examine the legal liability of principals for the resulting losses. This research employs a normative legal research method using statutory, conceptual, and contractual approaches. The findings reveal a normative gap in both statutory regulations and distribution agreements concerning the allocation of risks arising from Discontinue Product policies. The study further finds that a Discontinue Product policy cannot be classified as force majeure under Articles 1244 and 1245 of the Indonesian Civil Code, nor does it automatically constitute a breach of contract, but rather represents a contractually legitimate business decision that generates unresolved risk-allocation issues. Furthermore, principals bear legal responsibility because they control product discontinuation decisions, possess the greatest ability to foresee potential risks, and maintain an ongoing connection to the existence and economic value of products within the distribution network. Based on these findings, this study proposes the Proportional Responsibility Model, which allocates risks proportionally according to each party’s degree of control, ability to foresee risks, and contribution to the occurrence of losses in order to promote legal certainty, fairness, and contractual balance within the cosmetics and personal care distribution chain in Indonesia.