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PRAKTIK PROMOSI PRODUK SKINCARE OLEH INFLUENCER MELALUI MEDIA SOSIAL DALAM PERSPEKTIF YURIDIS NORMATIF
The rapid growth of digital marketing has made influencers key players in the promotion of skincare products on social media. Given the significant influence influencers have in shaping consumer opinions and decisions, this promotional practice is often accompanied by overclaims or misleading information, which can ultimately harm consumers. Current regulations, including both the Consumer Protection Act and the Electronic Information and Transactions Act, have not explicitly defined the legal status of influencers as legal entities that can be held accountable. As a result, there remains a regulatory gap that makes it difficult to address misleading promotional practices by influencers through existing law enforcement mechanisms. This study is a normative legal study that employs a statutory approach, a conceptual approach, and a case-based approach. The analysis of legal materials was conducted using a descriptive-qualitative method through three stages: description, interpretation, and evaluation. The research analytical framework was constructed based on three interrelated theories. The theory of ijārah al-‘amal contracts is used as the grand theory to explain the legal relationship between influencers and business operators. Furthermore, the theory of legal liability is used as the middle theory to analyze the legal consequences of breaching obligations in digital promotion practices. Meanwhile, the theory of consumer protection is used as the applied theory to assess the extent to which consumer rights protection can be realized in digital marketing practices. The results of this study reveal three main findings. First, influencers can be held liable through the legal construct of a tort under Article 1365 of the Civil Law and Article 28(1) of the Electronic Information and Transactions Law, with an obligation to verify products as a standard of due diligence. However, enforcement is reactive and depends on the victim’s initiative in filing a lawsuit. Second, from the perspective of the ijārah al-‘amal contract, the practice of overclaiming involves elements of garar and tadlīs that can affect the status of the contract and raise questions regarding the legitimacy of the ujrah received by the influencer. In this context, the principle of lā ḍarar wa lā ḍirār affirms the influencer’s liability toward consumers as the aggrieved party. Third, this study underscores the need to establish regulations that integrate the principle of amanah, the prohibition against garar, and the principle of lā ḍarar wa lā ḍirār into the positive legal system to strengthen consumer protection in digital promotional practices.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
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