Kajian Yuridis Perbuatan Melanggar Hukum Oleh Penjual Skincare Yang Iklannya Menyesatkan Berdasarkan Pasal 1365 KUHPerdata

Permadi, Rhevy Ramadhan (2025) Kajian Yuridis Perbuatan Melanggar Hukum Oleh Penjual Skincare Yang Iklannya Menyesatkan Berdasarkan Pasal 1365 KUHPerdata. Undergraduate thesis, UPN Veteran Jawa Timur.

	Text (Cover) 21071010116-cover.pdf Download (795kB)
	Text (Bab 1) 21071010116-bab1.pdf Download (987kB)
	Text (Bab 2) 21071010116-bab2.pdf Restricted to Repository staff only until 9 October 2027. Download (944kB)
	Text (Bab 3) 21071010116-bab3.pdf Restricted to Repository staff only until 9 October 2027. Download (905kB)
	Text (Bab 4) 21071010116-bab4.pdf Download (779kB)
	Text (Daftar Pustaka) 21071010116-daftarpustaka.pdf Download (533kB)
	Text (Lampiran) 21071010116-lampiran.pdf Restricted to Repository staff only Download (777kB)

Abstract

The cosmetics industry, particularly skincare, in Indonesia is growing rapidly in line with advances in technology and digital media. Fierce market competition has prompted businesses to use aggressive marketing strategies, including advertising. However, it is not uncommon for these advertisements to be misleading, as in the case of Dr. Richard Lee, who promoted a product containing white tomato extract even though it had not been proven to be effective. This practice has the potential to harm consumers both materially and immaterially, as well as violate the principles of honesty and transparency of information. This study aims to analyze the criteria for misleading skincare product advertisements based on Article 1365 of the Civil Code, BPOM Regulation Number 18 of 2024 concerning Labeling, Promotion, and Advertising of Cosmetics, and BPOM Regulation No. 32 of 2021 concerning Supervision of Cosmetics Advertising; and to examine the forms of legal protection for consumers who have been harmed, both preventively and repressively. The research method used is normative juridical with a statute approach, conceptual approach, and case approach, which examines primary and secondary legal materials and supporting interviews. The results of the study show that skincare advertisements that contain information that is not factual constitute an unlawful act (onrechtmatige daad) under Article 1365 of the Civil Code, as well as violating BPOM regulations regarding the accuracy of product information. Preventive legal protection is carried out through supervision, regulation, and BPOM distribution permit requirements before products are distributed. Repressive protection is carried out through administrative sanctions, civil compensation claims, and even criminal sanctions if the elements of violation are fulfilled. This study emphasizes the importance of synergy between the government, business actors, and consumers in creating ethical, transparent, and lawful advertising practices to protect consumer interests. Keywords: Illegal Acts, Misleading Advertising, Skincare, Consumer Protection, BPOM.

Item Type:

Thesis (Undergraduate)

Contributors: