Application Of The Law For The Criminal Act Of Sale Of Illegal Cosmetic Products Sold Online (Study Of Decisions No.82/Pid.Sus/2024/Pn Smn And No.123/Pid.Sus/2024/Pn Bir)
- DOI
- 10.2991/978-2-38476-531-7_13How to use a DOI?
- Keywords
- Law Enforcement; Criminal Law; Illegal Cosmetics; Online Marketing
- Abstract
This research aims to examine the legal framework that regulates consumer protection in relation to the distribution of unlawful cosmetic products marketed through online platforms in Indonesia. It further seeks to identify the forms of legal safeguards afforded to individuals harmed by the use of such illegal cosmetics under Indonesian legislation, as well as to assess how criminal law is enforced against online cosmetic traders based on existing judicial rulings. The study adopts a normative legal research approach. Data were gathered through literature review, involving the examination of relevant books, scholarly publications, statutory instruments, and court judgments. A qualitative method was employed in analyzing the collected data. The findings reveal that, after reviewing Court Decisions No. 82/Pid.Sus/2024/PN Smn and No. 123/Pid.Sus/2024/PN Bir, online business operators involved in distributing illegal cosmetic products were proven to have breached Article 435 of Law No. 17 of 2023 concerning Health. In both rulings, the defendants received imprisonment sentences and the confiscated evidence was ordered to be destroyed. Although Indonesia’s existing regulatory framework provides a strong basis for prosecuting offenders, legal protection for victims—in particular regarding compensation remains insufficient. Additionally, even with BPOM’s preventive and repressive regulatory measures, a significant concern persists due to the extensive availability of illegal cosmetics across digital marketplaces such as TikTok and Instagram.
- Copyright
- © 2025 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Rina Br. Sebayang AU - Kartina Pakpahan AU - Elvira Fitriyani Pakpahan AU - Emir Syarif Fatahillah Pakpahan AU - Venia Utami Keliat PY - 2026 DA - 2026/01/03 TI - Application Of The Law For The Criminal Act Of Sale Of Illegal Cosmetic Products Sold Online (Study Of Decisions No.82/Pid.Sus/2024/Pn Smn And No.123/Pid.Sus/2024/Pn Bir) BT - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025) PB - Atlantis Press SP - 107 EP - 117 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-531-7_13 DO - 10.2991/978-2-38476-531-7_13 ID - Br.Sebayang2026 ER -