Bentuk Ganti Kerugian Bagi Konsumen Atas Peredaran Obat Sirup Yang Menyebabkan Gagal Ginjal Akut Pada Anak (Studi Putusan No.94/Pdt/2025/PT DKI)

Abstract

This study discusses Court Decision Number 94/Pdt/2025/PT DKI, which is an appellate decision that upholds Decision Number 771/Pdt.G/2022/PN Jkt Pst. The court ruling concerns the circulation of syrup medicines containing hazardous substances such as ethylene glycol (EG) and diethylene glycol (DEG), which caused an extraordinary incidence of acute kidney injury in children in Indonesia. This situation raises serious questions regarding legal protection for consumers, particularly in the form of compensation. The purpose of this study is to analyze the forms of compensation that victims may obtain, as well as to examine the liability of business actors and the role of the National Agency of Drug and Food Control (BPOM) in preventing the circulation of dangerous products. This research employs a normative juridical method by collecting secondary data. Furthermore, it uses a statutory and case approach, with data obtained through literature review and document analysis techniques. The data are then qualitatively analyzed, and conclusions are drawn using deductive reasoning. The study focuses on the losses arising from the circulation of children’s cough syrup containing hazardous substances. The results show that BPOM (National Agency of Drug and Food Control) plays a crucial role in both pre-market and post-market supervision of drug distribution in cases of Acute Kidney Injury in children. Therefore, BPOM has the authority to take action against business actors causing harm to consumers. The form of compensation in the amount of monetary payment constitutes the right of the consumer as a victim, as stipulated in Article 19 of the Consumer Protection Act. Through the analysis of Decision No. 771/Pdt.G/2022/PN Jkt Pst, this study emphasizes the need for enhanced regulation and supervision concerning the distribution of syrup medicines in Indonesia. Moreover, it highlights the importance of strengthening regulatory oversight and reinforcing the responsibility of BPOM and pharmaceutical industry actors in ensuring product safety.