Legal Liability of Business Actors for Prohibited Products: A Juridical Review of the Consumer Protection Law and the Health Law

Abstrak

Ideally, business actors are obligated to ensure that all products they manufacture and distribute meet quality, safety, and legality standards in accordance with the provisions of the Consumer Protection Law (UUPK) and the Health Law. In reality, there are still business actors who distribute prohibited products that endanger consumer health and safety, such as the circulation of pharmaceutical preparations contaminated with hazardous substances. This study aims to analyze the forms and legal basis of business actors' liability for prohibited products within the framework of positive law in Indonesia. The method used is normative juridical with a descriptive qualitative approach through analysis of legislation and relevant case studies. The findings indicate that business actors can be held accountable under civil, criminal, and administrative law, applying the principles of strict liability and shifting the burden of proof, which strengthen the legal position of consumers. The study also highlights the necessity of active supervision by regulatory bodies such as BPOM to prevent the circulation of prohibited products.