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<sec id="introduction">
  <title>INTRODUCTION</title>
  <p>The development of franchises in Indonesia supports the national
  economy. Since the 1970s until now the number of franchises has
  continued to increase. In the 2016 economic census, there were 81,441
  businesses that implemented the franchise system. People open
  franchise businesses because of several supporting factors, namely
  easy requirements, mature business management, well-known franchise
  brands, cooperation that has been formed from the beginning, faster
  success opportunities , so that people are interested in joining as
  partners . One of the franchise sectors is dominated by fast food
  businesses. Examples of franchise businesses that are often found are
  Kopi Janji Jiwa, Es Teh Indonesia, and Mixue. These drinks are types
  of contemporary drinks. They are called contemporary because they are
  considered innovative and popular, both because of their unique taste
  and characteristics. Contemporary drinks contain high levels of sugar
  and calories so they are included in sugar sweetened beverages
  (SSB).[1]</p>
  <p>Furthermore, in 2018, the results of the Basic Health Research
  showed that the habit of consuming sweet drinks 1 to 6 times a week at
  the age of 3 years and above was 30.22%. Meanwhile, the recommendation
  for sugar, salt, and fat consumption per day has been regulated by the
  Indonesian Ministry of Health that the maximum sugar consumption per
  day is 50 grams, salt consumption per day is around 5 grams and fat
  consumption per day is 67 grams . In order to supervise and provide
  guidance on the inclusion of information on sugar, salt, and fat
  content and health messages, the Minister of Health is assisted by the
  Head of the Provincial Health Office and the Head of the Regency/City
  Health Office. The supervisory body that supervises the inclusion of
  information on sugar, salt, and fat content and health messages on
  processed foods is carried out by the Food and Drug Supervisory Agency
  (BPOM), while the supervisory body that has the authority to supervise
  the provision of information on sugar, salt, and fat content, as well
  as health messages on ready-to-eat foods is carried out by the Head of
  the Provincial Health Office and the Head of the Regency/City Health
  Office according to their respective duties and functions .[2]</p>
  <p>However, the fact is that the fast-drink franchise business in
  Indonesia has not complied with the regulation so that there is a
  disharmony between Das Sollen and Das Sein . Therefore, the author is
  interested in further studying the responsibility of the franchisee in
  terms of not listing the sugar, salt, and fat levels in ready-to-drink
  drinks, and looking at the role of the South Sulawesi Provincial
  Health Office regarding supervision of this matter . explained in QS
  AI- Syu'ara:183[3]</p>
  <p>The inclusion of information on the amount of sugar, salt, and fat
  content is important for ready-to-drink beverage franchise business
  actors because this is related to the varying ages of consumers in
  consuming contemporary beverages which can have an impact on consumer
  health. This is in line with PMK No. 63 of 2015 that every processed
  food product and ready-to-eat food must comply with the provisions of
  this Ministerial Regulation no later than 4 (four) years since this
  Ministerial Regulation was enacted. However, until now there has been
  no policy for ready-to-drink food franchise business actors regarding
  the inclusion of sugar, salt, and fat content in ready-to-drink food
  produced. Information on the amount of sugar, salt, and fat content in
  ready-to-drink food is the right of consumers to know.[4] This must be
  conveyed because consumers have the right to know true, clear, and
  honest information regarding the condition and guarantee of goods
  and/or services. This is in accordance with Law No. 8 of 1999
  concerning Consumer Protection (UUPK). Based on the background
  description above, the author is interested in conducting an empirical
  study with the research title &quot; Consumer protection in terms of
  not listing sugar, salt and fat content in ready-to-drink drinks
  .&quot;</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>The researcher used an empirical research type. This research uses
  a qualitative descriptive approach, which is a research method that
  functions to see the law in real conditions, and see how the law works
  in the community environment.[5]</p>
</sec>
<sec id="results-and-discussion">
  <title>RESULTS AND DISCUSSION</title>
  <sec id="forms-of-consumer-protection-in-cases-of-failure-to-list-sugar-salt-and-fat-content-in-ready-to-drink-drinks.">
    <title>Forms of Consumer Protection in Cases of Failure to List
    Sugar, Salt and Fat Content in Ready-to-Drink Drinks.</title>
    <p>Based on Law no. 8 of 1999 concerning consumer protection, every
    producer is required to provide clear, accurate, and non-misleading
    information about the products they market. In this case, producers
    of ready-to-drink beverages are required to list the sugar, salt,
    and fat content in ready-to-drink beverages. The goal is for
    consumers to obtain sufficient information to make the right
    decisions regarding their health. Some relevant articles in the UUPK
    are:</p>
    <p>Article 4: Consumers have the right to correct, clear and honest
    information regarding the condition and guarantee of goods or
    services.</p>
    <p>Article 7: Business actors are required to provide correct, clear
    and honest information regarding the products traded.</p>
    <p>Article 8 paragraph (1): It is prohibited to produce services or
    trade goods that do not comply with the standards required by
    statutory regulations.</p>
    <p>Based on BPOM regulations, sugar, salt and fat content must be
    clearly stated on the product, especially for products that are
    marketed in mass and ready to consume. If this information is not
    stated, consumers are at risk of consuming the product without
    knowing the potential health impacts. In addition, BPOM also
    regulates food safety standards that ensure that products
    circulating in the market meet technical and safety requirements, so
    as not to endanger consumers.[6] If a company does not comply with
    these regulations, BPOM has the authority to impose sanctions,
    ranging from warnings to withdrawing products from the market. As a
    form of consumer protection, the government also encourages
    manufacturers to include information that is easy for consumers to
    understand. In recent years, there has been a strong push for the
    use of clearer and standardized nutrition labels, such as pictogram
    nutrition labels or labels with symbols that indicate excessive
    content (sugar, salt, and fat) in a product. This is part of the
    government's efforts to make it easier for consumers to understand
    nutritional information without having to understand technical
    language or complicated nutritional terms. Based on the Ministry of
    Health, through various programs such as balanced nutrition and
    non-communicable disease prevention actions (PTM), it seeks to
    increase consumer understanding of the importance of avoiding
    excessive consumption of products that are high in sugar, salt and
    fat. The government is also trying to create healthy eating
    standards and encourage people to pay more attention to their
    diet.[7]</p>
    <p>Based on an interview on Thursday, November 21, 2024, according
    to Miftahul Fiqri as the supervisor of Tokio Coffee Lab, he
    explained that his outlet has been operating for approximately 3
    (three) years. In carrying out his duties as a coffee supervisor, he
    explained that there is always supervision from the supervisor which
    is carried out every week, but there has been no guidance and direct
    supervision from the Health Service regarding PMK no. 63 of 2015,
    and there has been no direct direction from the owner of the coffee.
    Regarding the inclusion of sugar, salt and fat content in
    ready-to-drink drinks. Although until now there has been no
    direction regarding this matter, Tokio Coffee Lab continues to
    maintain the safety and security of its consumers in consuming its
    drinks by providing a choice of sugar levels that can be chosen by
    consumers. He explained that with this sugar level, he hopes that
    consumers will still feel safe in consuming their drinks.</p>
    <p>However, if there are consumers who object to the non-listing of
    sugar, salt, and fat content in the products sold, then they will
    take responsibility by accommodating consumer suggestions and input
    to be submitted to the owner of Tokio Coffee Lab. Based on an
    interview on Saturday, January 11, 2025, according to Muh Nurfadly P
    as the supervisor of Nomena Coffee who has been selling since 2021.
    Nomena Coffee is supervised directly by the owner. He said that
    until now the health office has never supervised and provided
    guidance to Nomena Coffee regarding PMK no. 63 of 2015 and the owner
    of Nomena Coffee has never given directions regarding the inclusion
    of sugar, salt and fat content in the beverage products they sell.
    According to him, the inclusion of sugar, salt, and fat content is
    important for consumers so that they know the limits of their
    consumption. If there are consumers who object to the non-listing of
    sugar, salt and fat content in ready-to-drink beverage products,
    then he will accommodate consumer suggestions to be forwarded to the
    owner of Nomena coffee and provide direction to consumers to contact
    the owner of Nomena coffee directly through Nomena's Instagram to
    provide input or report things that they feel are objectionable. If
    there are consumers who object to the non-listing of sugar, salt and
    fat content in ready-to-drink beverages, then he will accommodate
    all consumer suggestions and will convey them to the owner of Nomena
    coffee for consideration.[8]</p>
    <p>The failure to implement PMK no. 63 of 2015 by business actors
    means that business actors are violating PMK no. 63 of 2015, article
    paragraph (1) and (2) which regulates: &quot;every person who
    produces ready-to-eat food containing SUGAR, SALT and/or FAT is
    required to provide information on the SUGAR, SALT and FAT content
    as well as health messages through information and promotion media.
    Ready-to-eat food as referred to in paragraph (1) produced by a
    franchise business in accordance with the provisions of laws and
    regulations that have more than 250 (two hundred and fifty)
    outlets.&quot;[9]</p>
    <p>The regulation was enacted in 2015 with the provision that
    processed food products and ready-to-eat food must comply with the
    provisions of this Minister of Health regulation within a maximum of
    4 (four) years since this regulation was enacted. This means that
    the regulation has been mandatory for business actors who produce
    processed food and ready-to-eat food since 2019. The losses
    experienced by consumers by business actors are also related to
    Article 1365 of the Civil Code, that every act that violates the law
    and causes loss to others, requires the person who caused the loss
    due to his mistake to replace the loss. The responsibility of a
    business actor is very large to protect consumers from unwanted
    things. Based on the theory of absolute responsibility, business
    actors must be responsible for this. In Article 4 paragraph (3) of
    the Consumer Protection Law, consumers have the right to correct,
    clear and honest information regarding the conditions of the
    guarantee of goods and/or services. Business actors are also obliged
    to provide correct, clear and honest information regarding the
    conditions and guarantees of goods and/or services as regulated in
    Article 7 paragraph (2) of the Consumer Protection Law.[10]</p>
  </sec>
  <sec id="the-duties-of-the-health-service-in-supervising-business-actors-who-do-not-list-sugar-salt-and-fat-content-in-ready-to-drink-drinks.">
    <title>The Duties of the Health Service in Supervising Business
    Actors Who Do Not List Sugar, Salt, and Fat Content in
    Ready-to-Drink Drinks.</title>
    <p>To realize a healthy economy, there needs to be balance and
    harmony between consumers and business actors. In this case, the
    government guarantees legal certainty to provide consumer
    protection. Consumer protection aims to protect consumers from
    losses due to goods and/or services by business actors.[11] The
    government has an obligation to provide guidance and supervision to
    business actors. The government's responsibility in providing
    guidance on the implementation of consumer protection is intended to
    empower consumers to obtain their rights, while the government's
    responsibility in supervising the implementation of consumer
    protection is also an important part of efforts to build positive
    and dynamic business activities, so that consumer rights can still
    be considered by business actors.[12]</p>
    <p>Several government tasks in carrying out such guidance have been
    outlined in government regulation (PP) no. 58 of 2001 concerning
    guidance and supervision of the implementation of consumer
    protection. Article 4 of PP No. 58 of 2001 stipulates that in order
    to create a business climate and foster healthy relations between
    business actors and consumers, the minister coordinates the
    implementation of consumer protection with the relevant technical
    ministers.[13] LPKSM is a non-governmental institution that has
    activities to protect consumers. The government should pay more
    attention to the human resources of LPKSM managers by providing
    sufficient education, training, and skills so that LPKSM can become
    a forum for providing consumer protection, increasing awareness of
    rights and obligations to avoid things that can harm consumers. In
    addition to providing guidance on the implementation of consumer
    protection, the government also has responsibility for the
    implementation of consumer protection in the form of
    supervision.[14]</p>
    <p>In PMK no. 63 of 2015, it is regulated regarding the guidance and
    supervision of processed food and ready-to-eat food. Guidance is
    carried out by the minister, the head of the provincial and/or
    district/city health office according to their respective functions
    and can also involve related institutions and associations.
    Meanwhile, supervision of ready-to-eat food is carried out by the
    head of the provincial/district/city health office according to
    their respective functions. The health office is a regional
    apparatus that is an element of implementing government affairs in
    the health sector which is the authority of the region. The
    provincial/district/city health office has a typology according to
    the population, area, and amount of its respective regional revenue
    budget (APBD).[15]</p>
  </sec>
</sec>
<sec id="conclusion-and-suggestions">
  <title>CONCLUSION AND SUGGESTIONS</title>
  <p>The form of consumer protection in terms of not including sugar,
  salt, and fat content in ready-to-drink drinks by accommodating
  suggestions and input from consumers which will later be submitted
  directly to business owners so that these suggestions and input can be
  considered for consumer health. This is done because business owners
  do not have the authority to make any regulations or decisions without
  the approval of the business owner. The Health Office of the
  Province/Regency/City of South Sulawesi has not carried out the task
  of supervising the sugar, salt and fat content in ready-to-drink
  drinks sold by business actors to consumers. This is because there has
  been no direction and policy from the Regional Government regarding
  the inclusion of sugar, salt and fat content in ready-to-drink drinks
  before being sold to consumers. Therefore, it is necessary to increase
  supervision and sanctions for violators, as well as more effective
  socialization to increase public awareness of the dangers of excessive
  sugar and fat consumption. It is hoped that the task of the government
  or related agencies to record ready-to-drink drinks that do not comply
  with PMK.NO. 63 of 2015 to include information on sugar, salt and fat
  content. If not complied with, strict sanctions will be imposed. The
  Provincial Health Service needs to conduct socialization regarding the
  risks of excessive consumption of sugar, salt and fat to the public in
  accordance with PMK No. 63 of 2015. In addition, it is necessary to
  divide tasks between related services and institutions evenly
  according to their respective authorities and functions in accordance
  with applicable regulations.</p>
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