The Legal Protection of Consumers Suffering Loss as a Result of Consuming Expired Food Products

Author(s): Rhama Wisnu Wardhana, Edi Wahjuni, Brenda Virginia

Institution: University of Jember

Category: Articles, IJMMU

Topics: Consumer Protection, Expired Food and Beverages, Business Actor Liability

Abstract: This study discusses the issue of legal protection for consumers who suffer losses due to consuming expired food and beverage products. In Indonesia, business actors are legally obligated to comply with food safety regulations, including labeling expiration dates, as stipulated in various laws, including Presidential Regulation No. 80 of 2017 and Law No. 8 of 1999 on Consumer Protection. However, violations still occur, which raises concerns about consumer safety. This research aims to analyze: (1) the forms of legal protection available to consumers harmed by expired food and beverages, (2) the responsibility of business actors in such cases, and (3) the legal remedies available for consumers. The research method used is normative juridical with a statutory and conceptual approach, supported by primary, secondary, and non-legal sources through literature study. The findings indicate that legal protection can be internal (based on agreement between the parties) and external (granted by legislation). Business actors who violate food safety standards may be subject to administrative sanctions and are obligated to compensate affected consumers. Remedies for consumers include both non-litigation efforts through the Consumer Dispute Settlement Agency (BPSK) and litigation through the courts. This study suggests that BPOM must strengthen its supervision and enforcement measures, business actors must uphold product safety, and consumers should assert their rights through available legal channels.

Article can be downloaded>> https://ijmmu.com/index.php/ijmmu/article/view/6971