Legal Liability of Business Operators for The Distribution of Hazardous Cosmetics in Indonesia

Abstract

The circulation of hazardous cosmetics has become a significant legal and public health issue in Indonesia, driven by the rapid expansion of the beauty industry and the widespread use of digital marketplaces that facilitate the distribution of illegal cosmetic products. Despite the existence of comprehensive legal regulations governing consumer protection and cosmetic safety, hazardous products containing prohibited substances such as mercury and hydroquinone continue to circulate, posing serious risks to consumer health and raising concerns regarding the effectiveness of business operators' legal liability. This study aims to analyze the legal liability of business operators for the distribution of hazardous cosmetics in Indonesia and to evaluate the effectiveness of preventive and repressive legal protection available to consumers under the Indonesian consumer protection legal system. This research employed a normative legal research method using statutory and conceptual approaches. The study analyzed primary legal materials, including relevant legislation and regulations, supported by secondary legal sources and limited interviews with dermatology experts to strengthen the legal analysis. The findings reveal that business operators may incur civil, criminal, and administrative liability; however, the implementation of these legal mechanisms remains ineffective due to weaknesses in compensation procedures, limited application of the strict liability principle, insufficient institutional coordination, and low consumer legal awareness. The study concludes that strengthening regulatory enforcement, improving inter-agency coordination, enhancing consumer legal literacy, and simplifying dispute resolution mechanisms are essential to ensuring effective consumer protection and increasing business accountability in Indonesia's cosmetics industry.