JURIDICAL ANALYSIS OF THE CRIME OF TRAFFICKING DANGEROUS COSMETICS WITHOUT A DISTRIBUTION PERMIT IN DECISION NUMBER 54/Pid.Sus/2026/PN Cbn

Abstrak

Background. The distribution of cosmetics that fail to meet safety and quality standards constitutes a legal issue that may endanger consumers. This issue is reflected in Decision Number 54/Pid.Sus/2026/PN Cbn concerning the distribution of pharmaceutical preparations in the form of cosmetics that failed to meet safety, efficacy, and quality requirements and lacked proper distribution authorization.

Aims. This study aims to analyze the application of criminal law provisions to the distribution of hazardous cosmetics and examine the legal considerations of the panel of judges in rendering the decision.

Methods. This study employs a normative juridical method using a statutory approach and a case approach, with the primary legal material consisting of Decision Number 54/Pid.Sus/2026/PN Cbn and relevant statutory provisions.

Result. The results indicate that the defendant's actions fulfilled all elements of Article 435 of Law Number 17 of 2023 concerning Health in conjunction with Appendix I Number 181 of Law Number 1 of 2026 concerning Criminal Adjustment. Laboratory examination established that several cosmetic products contained hazardous substances, namely mercury and hydroquinone. The panel of judges considered the defendant's culpability, personal circumstances, and principles of justice in determining the type and amount of punishment.

Conslusion. In conclusion, the defendant was legally and convincingly proven guilty of distributing pharmaceutical preparations that failed to meet standards, safety requirements, and quality requirements and was sentenced to a fine of IDR 120,000,000.00.