TANGGUNG JAWAB ENDORSEMENT OLEH SELEBGRAM ATAS INFORMASI PRODUK KOSMETIK ILEGAL DI INSTAGRAM

LENY ROSDIANA, NIM. 16340115 (2021) TANGGUNG JAWAB ENDORSEMENT OLEH SELEBGRAM ATAS INFORMASI PRODUK KOSMETIK ILEGAL DI INSTAGRAM. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Instagram is a new platform that is booming in almost all circles, so Instagram is used by many people to sell. This momentum is also used by illegal cosmetic business actors by using endorsement services carried out by celebgram (celebrity Instagram). The viral figure of the celebgram makes the public interested in the information provided and using the cosmetics. On the other hand, based on Article 4 letter c of the Consumer Protection Act, an information must be conveyed correctly, honestly and clearly. However, the celebgram in making endorsements on Instagram does not convey information that is in accordance with the cosmetic situation. The existence of endorsements causes new problems, because in the laws and regulations there are only rules regarding advertising and the responsibility of business actors to provide appropriate information on goods and/or services. However, the responsibility for endorsement by celebgram for information on illegal cosmetic products on Instagram has not been regulated, which in turn raises the question of what is the responsibility of celebgram for information on illegal cosmetic products that are endorsed. The responsibility of the celebgram in carrying out this illegal cosmetic endorsement becomes important to be followed up in research. But, the responsibility for endorsement by celebgram for information on illegal cosmetic products on Instagram has not been regulated, which in turn raises the question of what is the responsibility of celebgram for information on illegal cosmetic products that are endorsed. The responsibility of the celebgram in carrying out this illegal cosmetic endorsement becomes important to be followed up in research. The type of this research is library research with a juridical-normative approach. Sources of material are obtained from laws and regulations, books, scientific works, and are supported by interviews with several celebgrams. The nature of this research is descriptive-analytical, namely describing it through the endorsement responsibility by the celebgram for information on illegal cosmetic products on Instagram and then analyzing it with applicable regulations and the theory put forward. The results of the study show that the act of celebgram endorsing of illegal cosmetic products is implicitly regulated as an advertisement. Consumers who feel aggrieved by the program's actions can apply for a claim for compensation based on Articles 1365 and 1367 of the Civil Code, or report the program under Article 205 paragraph (1) of the Criminal Code. This is also in line with legal considerations that must be oriented towards goals and consequences for the benefit of the community. Celebgram’s acts can also be held accountable if the celebgram intentionally endorses illegal cosmetics based on Article 204 paragraph (1) of the Criminal Code, Article 382 Bis of the Criminal Code regarding fraudulent acts, and Article 55 paragraph (1) of the Criminal Code. A number of these rules can be used to fulfill justice, expediency, and legal certainty when there is loss even endanger to consumers.

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