Kewajiban Pelaku Usaha dalam Penyediaan Tester pada Produk Kosmetik sebagai Wujud Pelindungan Hukum kepada Konsumen (Studi pada Toko Kosmetik Miracle Pematang Siantar)

Abstract

The obligation of business actors in providing testers on cosmetic products is a form of legal protection for the fulfillment of consumer rights, especially the right to information and the right to security, so as to prevent potential losses experienced by consumers due to the use of cosmetic products. By trying a number of products, consumers can clearly know the specifications of the products that have been tried without any doubt, not the same as just seeing or hearing an advertisement or based on explanations from sellers. The availability of cosmetic testers can also guarantee the fulfillment of business actors' obligations, namely "providing opportunities for consumers to test, and/or try certain goods and/or services and providing guarantees and/or guarantees for goods made and/or traded". The purpose of the research in this thesis is to find out the regulation of business actors' obligations in providing testers on cosmetic products, to find out the legal protection for consumers who suffer losses due to the unavailability of testers on cosmetic products, and to find out the implementation of business actors' obligations in providing testers on cosmetic products at the miracle cosmetics store Pematang Siantar as a form of legal protection to consumers. The research method used in writing this thesis is normative juridical supported by field research. This research is carried out by examining the approach of theories, concepts, and reviewing laws and regulations. The nature of the research used is descriptive analysis with the data collection tools used are document studies or literature materials, as well as interview guidelines. The results of the study show several regulations that regulate the obligations of business actors in the provision of cosmetic product testers, namely Law Number 8 of 1999 concerning Consumer Protection, BPOM Regulation Number 30 of 2020 concerning Technical Requirements for Cosmetic Marking, and BPOM Regulation Number 3 of 2022 concerning Technical Requirements for Cosmetic Claims. Legal protection for consumers who are harmed by the unavailability of testers includes preventive and repressive efforts, as well as dispute resolution both inside and outside the court. At the Miracle Pematang Siantar cosmetics store, the implementation of the obligation to provide testers is carried out based on the standard policy of the brand, where testers are provided by the brand if the order reaches a certain target.