Consumer Protection Against Food That Contains Harmful Substances (Study of the Decision of the Judge of the District Court of Bale Bandung 831/Pid.Sus/2016/PN.Blb)

INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) CONSUMER PROTECTION AGAINST FOOD THAT CONTAINS HARMFUL SUBSTANCES (STUDY OF THE DECISION OF THE JUDGE OF THE DISTRICT COURT OF BALE BANDUNG 831/PID.SUS/2016/PN.BLB) Rezi1, Aryono2, Friska Anggun Lestianti3 University of Duta Bangsa Surakarta123 .id1, .id2, [email protected] ABSTRACT This study aims to determine consumer legal protection for food products marketed by business actors and to determine legal sanctions against business actors if consumers are harmed by consuming food containing hazardous substances. This research is based on normative juridical law research with secondary data collection, to prove consumer protection against foods containing hazardous substances based on consumer protection laws. The data obtained were analyzed qualitatively. Law No. 8 of 1999 provides limits for business actors and consumers, and provides specific and direct tasks regarding consumer protection, as stated in Article 45 of the Act mentioned above. The findings reveal that the Consumer Protection Law, apart from regulating the rights and obligations of consumers, also regulates the rights and obligations of business actors. Based on article 8 number (1) of Law no. 8 of 1999 concerning Consumer Protection, namely: Business actors are prohibited from producing and/or trading products and/or services that: 1) do not include the expiration date or period of best use/utilization of certain products. 2) deliberately does not include labels or make product descriptions containing product name, size, net or net weight/content, composition, rules of use, date of manufacture, side effects, name and address of business actor and other information for use which according to the provisions must be be included. The Consumer Protection Law, apart from regulating the rights and obligations of consumers, also regulates the rights and obligations of business actors. Keywods: Consumer Protection, Hazardous Materials, Food Products INTRODUCTION The development of development and technology today has provided progress for human life. The development of this technology will always be carried out to achieve success for the 1 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) community. The development of technology so rapidly, it can bring a gap that will have a negative impact on human life. It is known that nowadays there are often crimes committed in the development of technology. The negative impact that currently often occurs is the processing of food ingredients that use hazardous materials and contain harmful chemicals, such as food preservatives, food coloring, and a mixture of other hazardous substances that can damage the human body. As with the study of the decision of the judge at the Bale Bandung District Court 831/Pid.Sus/2016/PN.Blb, which stated that the defendant Agus Pranoto was guilty of committing a crime by intentionally using food additives as violating Article 136 Letter b of the Law of the Republic of Indonesia Number 18 Year 2012 About Food. And there is evidence in the form of 1 (one) jerry can containing formalin (half of it), 7 (seven) plastic bags of yellow wet noodles with formalin, and 24 (twenty four) sacks of yellow wet noodles with formalin. The ingredients used for the process of making wet noodle products that are sold include the following: flour, aci, large salt for flavor, peanut oil so that the noodles are not sticky, water, food coloring to make the noodles look yellow, food preservative Potacium Sorbat (P1000). ) to preserve the noodles for 2 days and finally use formalin so that the wet noodles last for 5 to 7 days. The formalin liquid used in the manufacture of wet noodles is formalin liquid used to preserve corpses, not a liquid for food preservatives, a mixture of formalin used in the process of making wet noodles as much as 1 liter with the result of 1.5 tons of wet noodles. Protection of consumers is seen materially and formally increasingly feels very important. Considering the increasingly advanced science and technology which is the driving force for the efficiency and productivity of business actors for the services or goods they produce. During achieving and pursuing these two things, either directly or indirectly, efforts are needed to provide protection to the interests of consumers. With the Law of the Republic of Indonesia Number 8 of 1999 concerning Consumer Protection, it is hoped that consumer protection efforts in Indonesia can be improved so that consumers are not in a weak position and business actors can improve the quality of the products that will be offered to consumers. The basic need for human survival is food. Food consumed by humans comes from various types and sources so that there are various ways of processing the food (Arie, 2019:3). The need for food is a basic need for every group of society. The basic human need is the need for food to sustain life. Law Number 18 of 2012 concerning Food states that food is the 2 INTERNATIONAL JOURNAL OF LAW AND LEGAL ETHICS (IJLLE) Volume 3, Issue 1, April 2022 ISSN 746-9719 (online) most important basic human need and its fulfillment is part of human rights guaranteed in the 1945 Constitution of the Republic of Indonesia as a basic component to realize quality human resources. Intense competition can change behavior towards unfair competition because business actors have conflicting interests between them. This unfair competition in turn can harm consumers. Some people deliberately to get a bigger advantage perform various actions in the category of cheating. This can be seen from the table of results of inspections by the Food and Drug Supervisory Agency which is unstable from year to year. This means that fraud committed by business actors is not certain to increase or decrease (Dian, 2016:2). For example, quoted in the case of BPOM Semarang found that food contains harmful substances. In this case BPOM Semarang found food containing formalin and rhodamine B in Magelang City, this finding occurred when BPOM tested 31 food samples in one of the traditional markets of Magelang City, Monday (4/6/2018) (Pertiwi, 2018). Thus, researchers are interested in researching and taking the title " Consumer Protection Against Food That Contains Harmful Substances (Study of the Decision of the Judge of the District Court of Bale Bandung 831/Pid.Sus/2016/PN.Blb)". PROBLEMS Formulation Of The Problem is: 1) What is the legal protection for consumers against processed foods containing hazardous materials? 2) What are the legal sanctions against business actors if consumers are harmed by consuming food containing hazardous substances? RESEARCH METHOD This research uses a normative approach, which is basically an activity that will examine the internal aspects (to solve the problems that exist in the positive law) (Kornelius and Muhama (...truncated)