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ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PRAKTIK ESTETIKA MEDIS ILEGAL PADA SALON KECANTIKAN DI WILAYAH KABUPATEN SLEMAN
The rapid growth of the beauty service industry has not always been accompanied by compliance with applicable health standards and legal regulations. In practice, illegal aesthetic medical procedures are still found in beauty salons. According to data from the Investment and One-Stop Integrated Service Office (DPMPTSP) of Sleman Regency, hundreds of beauty salons are currently operating. However, field observations revealed that some salons provide not only non-medical beauty services but also aesthetic medical procedures that, under applicable laws and regulations, should only be performed by authorized medical professionals possessing the required competence, legal authorization, and professional licenses. These procedures are carried out by salon owners, beauticians, as well as healthcare personnel acting beyond the scope of their legal authority, thereby giving rise to legal issues concerning the legitimacy of such practices. Therefore, this study aims to identify the forms of illegal aesthetic medical practices conducted in beauty salons and to analyze the potential criminal liability that may arise under the prevailing laws and regulations. This study employed an empirical legal research method using a socio-legal approach with a descriptive-analytical design. Data were collected through library research, field observations, and interviews with the Investment and One-Stop Integrated Service Office (DPMPTSP), the Health Office, the Municipal Police (Satpol PP), the Police, and beauty salon operators. The collected data were analyzed qualitatively to examine the forms of illegal aesthetic medical practices occurring in the field and to identify the potential criminal liability that may be imposed on the perpetrators under the applicable legal framework. The findings indicate that illegal aesthetic medical practices involve violations of legal provisions, are carried out by non-medical personnel or healthcare professionals acting beyond the scope of their authority, and are performed in beauty salons that do not qualify as licensed healthcare facilities. The procedures commonly identified include filler injections, botulinum toxin (Botox) injections, mesotherapy, and microneedling, all of which are minimally invasive procedures involving medical risks. The perpetrators may therefore be held criminally liable, as their conduct potentially fulfills the elements of criminal offenses stipulated under Articles 439 and 441 paragraph (2) of Law Number 17 of 2023 on Health, as well as Article 275 of the Indonesian Criminal Code. Nevertheless, law enforcement continues to face several challenges, including the clandestine nature of these practices, low public awareness, difficulties in obtaining evidence, and limitations in supervision and inter-agency coordination.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040027 Rakhmi Amelia Eka Putri
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PRAKTIK ESTETIKA MEDIS ILEGAL PADA SALON KECANTIKAN DI WILAYAH KABUPATEN SLEMAN (Text)
ANALISIS PERTANGGUNGJAWABAN PIDANA TERHADAP PRAKTIK ESTETIKA MEDIS ILEGAL PADA SALON KECANTIKAN DI WILAYAH KABUPATEN SLEMAN (Other)
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