Development of Legal Aspects in the Beauty and Care Products

Industry

Carmelita and Cecep Suhardiman

Master of Laws, University of August 17, 1945 (UTA), Jakarta, Indonesia

Keywords: Beauty Industry, Care Products, Legal, Beauty Clinic, Ethics, Consumer Law.

Abstract: The beauty and care products industry has seen substantial expansion domestically and abroad in recent years

through accelerated growth at both national and global scales. As the industry expanded, matters regarding

protection, virtue, and uprightness in manufacturing, circulation, and advertising of cosmetics and self-care

items gained more examination. So it is not surprising that there are many cases of the beauty industry and

care products that violate the law and cause a stir in Indonesia. Even though consumers are getting smarter

and demanding clear and accurate information about the beauty products they use, because the beauty industry

business is very lucrative from a profit standpoint, there are still many individuals who have bad intentions

and justify any means to gain as much profit as possible. magnitude. The journal aims to identify and analyze

legal aspects related to this industry as well as provide views on legal developments necessary to protect

consumers and ensure product safety. This journal aims to identify and analyze legal aspects related to this

industry and provide views on developments. This journal uses normative juridical research methods by

collecting and analyzing data from various legal sources, including laws, regulations, government policies,

and court decisions related to the beauty industry and care products in Indonesia.

1 INTRODUCTION

The rise of beauty clinics that perform treatment

actions that harm their customers can cause several

relevant legal issues. The following are some of the

legal issues that may be related among which there

are consumer fraud, practice, violation of

professional ethics, personal responsibility, and

violation of privacy.

In a journal that discusses legal issues related to

the rise of beauty clinics that perform treatment

actions that harm their customers, some legal theories

that may be used to analyze the problem include

Justice theory, responsibility theory, consumer

protection theory, professional ethics theory and

Regulation Theory.

This journal was created because of the many

victims of beauty industry and care products in

Indonesia, without getting a clear law umbrella. The

journal will also discuss issues but will focus on the

legal and regulatory context in force in Indonesia.

This includes relevant laws, regulations, policies, and

regulatory bodies in Indonesia that govern medical

practice, consumer protection, and professional

ethics. Until at the end the author will propose

recommendations and solutions to address related

problems. This may include recommendations for

legal or regulatory changes, improvements to

surveillance or monitoring systems, or other efforts to

improve medical practice, consumer protection, and

professional ethics in Indonesia.

2 RESEARCH METHODS

The journal uses normative juridical law research

methods by collecting and analyzing data from a

variety of legal sources, including laws, regulations,

government policies, and court rulings related to the

beauty and care products industry.

3 RESULTS AND DISCUSSION

Stella Monica's case began when she underwent facial

treatments at the L'viors beauty clinic from January to

September 2019. But he was not satisfied with the

clinic's services because he felt his face was getting

damaged. He also confided with some of his friends

Carmelita, . and Suhardiman, C.

Development of Legal Aspects in the Beauty and Care Products Industry.

DOI: 10.5220/0012641600003821

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 531-534

ISBN: 978-989-758-691-0; ISSN: 2828-853X

531

on Instagram through the @Stellamonica account.

However, Stella Monica even got a subpoena leading

to a report to the police by L'viors beauty clinic.

Shortly Stella became a suspect for the indictment of

Article 27 paragraph 3 Jo Article 45 paragraph 3 of

Law No. 19 of 2009 on amendments to Law No. 11

of 2008 on the law on information and Electronic

Transactions (UU ITE). Luckily, the Surabaya

District Court judges acquitted Stella Monica on

Tuesday, December 14, 2021. In his ruling, Chief

Judge Imam Supriadi stated that Stella Monica was

not proven to have violated the prosecutor's

indictment of Article 27 paragraph 3 along with

Article 45 paragraph 3 of Law No. 19 of 2009 on

amendments to Law No. 11 of 2008 on information

and Electronic Transactions Law (ITE Law).

Reflecting on the case, how weak the position of

consumers from the beauty industry. The author

summarizes some details related to this issue:

a. The Cause of the proliferation of the clinic to

the detriment of Cu Tomer.

i. High market demand: the high demand for

beauty treatments makes many beauty

clinics appear. Some of these clinics may

not meet the required medical standards.

ii. Inadequate regulations: Indonesia does not

have strict regulations in supervising

beauty clinics. This can allow practices

that harm customers to flourish.

b. Care measures that harm customers:

i. Use of unsafe materials or products: some

beauty clinics may use materials or

products that do not meet safety standards,

be IT Cosmetics that contain harmful

ingredients or equipment that is not

guaranteed to be sterile.

ii. Performing medical procedures by non-

medical personnel: some clinics may

employ personnel who do not have

sufficient medical qualifications, such as

performing surgical procedures or

injections by people who are not trained

doctors or nurses.

iii. Delivery of misleading information:

unethical beauty clinics may provide

customers with false or misleading

information about the benefits or risks of

certain treatments, promise unrealistic

results, or not disclose clearly the side

effects or risks associated with treatments.

c. Adverse effects on customers:

i. Physical or health injuries: adverse

treatments can cause physical injuries such

as burns, infections, or serious allergic

reactions. Customers can also experience

long-term side effects that are potentially

detrimental to their health.

ii. Financial loss: customers may spend a lot

of money on treatments that do not deliver

the promised results or even harm their

beauty condition. They may also need to

incur additional costs to repair damage

caused by poor maintenance.

d. Legal implications and responsibilities:

i. Malpractice: beauty clinics and medical

personnel involved in treatment actions

that harm customers can be accused of

malpractice. This may result in lawsuits

and damages to affected customers.

ii. Consumer fraud: if a beauty clinic provides

misleading or deceptive information to

customers, this may violate the Consumer

Fraud Act and may be subject to criminal

or civil prosecution.

iii. Violation of professional ethics: beauty

clinics and medical personnel involved

may also violate professional ethics, which

may result in ethical sanctions such as

revocation of licenses or permits to

practice.

e. Countermeasures:

i. Strengthening regulation: the government

can strengthen regulation and supervision

of beauty clinics, including licensing

requirements, safety standards, and

periodic inspections.

ii. Education and awareness: educating the

public about the risks and their rights in

beauty care can help raise awareness and

help customers make wiser decisions.

iii. Strict enforcement: it is important to

strictly enforce existing laws and

regulations against violations in the beauty

industry.

In this journal it discusses legal issues related to the

rise of beauty clinics that perform treatment actions

that harm their customers, some legal theories that

may be used to analyze the problem include:

1. Theory of Justice: this theory focuses on the

application of the principle of justice in

solving legal cases. In this context, the

theory of justice can be used to consider

whether customers harmed by such beauty

clinics are entitled to fair compensation.

ISCP UTA ’45 JAKARTA 2023 - THE INTERNATIONAL SEMINAR AND CALL FOR PAPER (ISCP) UTA ’45 JAKARTA

532

Principles of justice such as equality, just

reward, and restoration can be applied to

determine appropriate legal action.

2. Theory of responsibility: this theory deals

with the question of who is responsible for

the adverse act. In these cases, the theory of

responsibility can be used to analyze

whether the responsibility falls on the beauty

clinic as a legal entity, the owner of the

clinic, the medical personnel involved, or

even the manufacturer of the products used

in the treatment. Liability theory can also

address issues related to neglect of

responsibility or negligence in providing

safe and appropriate care.

3. Consumer Protection theory: this theory

emphasizes the need to protect consumers

from harmful or unethical business

practices. In this context, consumer

protection theory can be used to analyze

whether the beauty clinic violates consumer

rights or uses misleading practices. The

consumer protection laws applicable in a

particular country can be a reference in

applying this theory.

4. Professional ethics theory: this theory

involves consideration of the ethics and

moral responsibilities of professionals in the

context of health care. In these cases, the

theory of professional ethics can be used to

evaluate whether beauty clinics and medical

personnel involved violate professional

ethics in providing care to the detriment of

customers. Ethical principles such as

integrity, honesty, and accountability can be

applied in this analysis.

5. Legal Regulation Theory: this theory deals

with the role of the state in regulating and

supervising certain business activities,

including beauty clinics. In this context, the

theory of Legal Regulation can be used to

evaluate whether there are weaknesses in the

regulatory system that allows beauty clinics

that harm customers to continue to operate.

This theory may also address the need to

strengthen regulation and enforcement in the

beauty industry.

The proliferation of beauty clinics that perform

treatment actions that harm their customers is a

serious problem that requires attention and

appropriate countermeasures. In the discussion

above, several important points can be drawn as a

conclusion:

a. Thigh market demand and yang inadequate

regulation affect the rise of beauty clinics

that harm customers.

b. Treatment actions that harm customers

include the use of unsafe materials or

products, the implementation of medical

measures by non-medical personnel, and the

delivery of misleading information.

c. Adverse impacts to customers include

physical or health injuries as well as

financial losses.

d. Legal and liability implications include

possible malpractice charges, consumer

fraud, and violations of professional ethics

against beauty clinics and medical personnel

involved.

e. Countermeasures involve strengthening

regulations, education, and awareness to the

public, as well as strict law enforcement.

In order to overcome the rise of beauty clinics that

perform treatment actions that harm their customers,

there is a need for cooperation between the

government, supervisory agencies, the medical

profession, and the community. Strong regulation,

strict enforcement, and thorough education about

risks and consumer rights are key in protecting the

public from harmful practices in the beauty industry.

REFERENCES

Law No. 36 of 2009 on health.

Government Regulation No. 81 of 2012 on cosmetics.

Regulation of the Minister of Health No. 1109/

Menkes/Per/IX / 2011 on guidelines for beauty services.

Regulation of the Food and Drug Supervisory Agency

(BPOM) number 5 of 2019 concerning the registration of

beauty products.

BPOM Regulation No. 5 of 2015 on registration of cosmetic

products. BPOM Regulation No. 6 of 2016 on cosmetics

labels and advertising. BPOM Regulation No. 3 of 2019

on harmful Cosmetics.

BPOM Regulation No. 11 of 2020 on the classification of

Food, Drug and cosmetic products. Decision Number:

658 / Pdt.Sus / 2021 / Fr.Sby on December 14, 2021.

Books

Gunawan Widjaja and Achmad Yani, 2000, law on

Consumer Protection, Gramedia Pustaka Utama,

Jakarta.

Ahmadi Mira and Sutarman Yodo, 2004, Protection Law

Consumer, PT. Raja Grafindo Persada, Jakarta.

Janus Sidabalok, 2006, Consumer Protection Law In

Indonesia, PT. Citra Aditya Bakti, Bandung. "Buku

Development of Legal Aspects in the Beauty and Care Products Industry

533

Pintar Hak Konsumen" by Yayasan Lembaga

Konsumen Indonesia team.

Consumer Law in Indonesia “"Consumer Protection in the

perspective of Consumer Law" by Harjono.

JOURNAL ARTICLES

Basuki, R. (2019). Consumer Protection Law in the

cosmetics industry in Indonesia. Judicial Journal, 12

(2), 209-228.

Wisdom, A. R. (2020). Legal Aspect of Cosmetic Products

in Indonesia: A Review. KnE Social Sciences, 4(20),

314-325.

Lubis, M. Z., & Pratt, R. H. (2018). Implementation of

Legal Aspects in the beauty industry in Indonesia.

Journal of legal Science and Criminology, 3(2), 187-

198.

Salim, A. (2017). Regulation of beauty products in

International Trade Law. Yustisia Journal, 6(2), 189-

202.

The Faithful, A. (2019). Legal Regulation of beauty

products in the legislation in Indonesia. Journal of legal

and Development Sciences, 13 (1), 41-54.

Simanjuntak, J. (2020). A legal review of the circulation of

dangerous beauty products in Indonesia. Journal of Law

and Justice, 29(1), 35-48.

Wicaksono, D. (2018). Juridical review of the safety of

beauty products in Indonesia. Journal Of Jurisprudence,

24(1), 35-49.

Yunarto, H., & Kusuma, Y. (2019). Legal review of

dangerous beauty products in Indonesia. Journal Of

Legal Dynamics, 19(3), 310-323.

Zain, A. (2017). Consumer Protection Law in the beauty

products industry. Journal of Law and Development,

3(1), 48-61.

Zulkarnain, M. (2020). Legal regulations in the protection

of consumers of beauty products in Indonesia. Journal

Of Legal Aspirations, 14 (1), 18-29.

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