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<sec id="introduction">
  <title>INTRODUCTION</title>
  <p>Health is very valuable factor in life , health is grace the god
  who deserves guarded by every Humans . Health plays a very important
  role important in activity everyday , good aspect physique both
  physical and non- physical . Also in Islam recommended For guard
  health Because guard health is obligation for human . [1]</p>
  <p>In Article 1 paragraph (1) of the Republic of Indonesia Law Number
  17 of 2023 concerning Health , health is defined as condition Healthy
  someone , good in a way physical , mental , and social and not just
  free from disease For make it possible life productive . Article 1
  paragraph (12) of the Republic of Indonesia Law Number 17 of 2023
  concerning Health states: Pharmaceutical preparations are drugs, drug
  ingredients, natural drug ingredients , including Natural Medicine
  Ingredients , Cosmetics , Supplements health and medicine quasi .</p>
  <p>In the era of trade free moment this , various brand cosmetics with
  diverse function can found in the market. Products cosmetics that
  appear blessing progress industry pharmacy has become need public
  along with change style live . Many companies compete​ For produce
  product new and exciting beauty​ For fulfil diverse need consumers .
  Some entrepreneurs who don't responsible answer utilise people's
  desire to always seen attractive and perfect with produce or sell
  cosmetics that are not in accordance standard . [2]</p>
  <p>Marketing This especially leading to women who want get results
  fast and effective . They usually interested buy cosmetics with price
  low while hope get results instant . Situation This often create
  injustice for consumers , especially when they is at in position
  vulnerable , because they become target For to achieve profit maximum
  without notice rights they , like lack of clear information​ about
  product .</p>
  <p>Based on Regulation Head of BPOM of the Republic of Indonesia
  Number 2 of 2014, which is change second from regulation previously ,
  there was a number of prohibited materials​ For used in making
  cosmetics Because including in the list of substances dangerous . Some
  product cosmetics contain material dangerous , This includes Chemical
  Drugs (BKO) which can endanger health . Examples of BKO include dye
  red K3, dye red K10, acid retinoate , mercury , various type
  antibiotics , dexamethasone , and hydroquinone . [3]</p>
  <p>Hydroquinone used in product beauty as material For whitening and
  brightening skin . However , the use of material This Can cause
  irritation , redness , and stinging sensation burns on the skin .
  Therefore that , the Law Number 8 of 1999 concerning Protection
  Consumers , who are used to called UUPK, and the law other made For
  protect consumer in aspects of Civil Law and Public Law. UUPK
  stipulates standard For give certainty law . In addition , UUPK also
  regulates interaction between consumers and actors business in
  Indonesia &quot; everything effort For ensure certainty &quot; law
  &quot; in Article 1 Number 1 of the UUPK aims to give protection law
  to consumer from action that is not fair that can harm them and the
  perpetrators effort . [4]</p>
  <p>As a result , manufacturers beauty that runs business without
  permission from the Food and Drug Monitoring Agency (BPOM) is trying
  For to achieve more benefits​ high . Consumers , especially teenagers ,
  often use product cosmetics that are not registered Because lack of
  understanding about possible risks​ arise . In the era of trade free ,
  various product cosmetics with different names , prices and benefits
  can found in the market. With existence freedom in selling , lots
  entrepreneurs who don't responsible answer try to achieve profit with
  produce or sell cosmetics that are not fulfil standard security .
  [3]</p>
  <p>Purpose of Protection Consumer aiming For guard rights consumer in
  a way law and encourage practice fair trade​ as well as activity good
  effort . In addition , the goal is provide accurate and reliable
  information​ trusted to public . For example , in use product like
  cosmetics and goods beauty , government obligatory perpetrator
  business For give information complete about product these ,
  especially those related with safety and health public . With the more
  the development of the cosmetics market , entrepreneurs must sensitive
  to need consumers . [5]</p>
  <p>Protection consumers in the sector cosmetics are very important ,
  especially Because Lots products sold on the market No fulfil standard
  safety and health . Many women affected advertisements that offer
  results fast with price affordable , without realize possible risks​
  appear consequence use product said . Hazardous materials in cosmetics
  can cause various problem health , start from irritation skin until
  effect term longer length​ serious . In addition , the lack of clear
  information​ about composition product , no existence number permission
  distribution from BPOM and No listed date expired show that product
  the No can reliable .</p>
  <p>Government play a very important role in protect consumer with
  become connector between perpetrator business and consumers . The goal
  is for transactions sell buy in progress in accordance with which
  regulations apply and which do not harm one​ parties . In addition ,
  the government also has not quite enough answer For do guidance and
  conduct supervision in effort protection consumers . [6]</p>
  <p>Interests and abilities financial public to product cosmetics are
  very high , but often not​ balanced with sufficient knowledge​ about
  safe product​ For used . As a result , society often difficulty
  differentiate between safe and dangerous products . While​ that ,
  constant advertising and promotion​ done by the perpetrator business
  about product promising cosmetics​ results fast and easy push consumer
  For try it . Situation This utilized by several party For sell
  cosmetics that are not in accordance with standard and not own
  permission ( illegal ) distribution , which ultimately can endanger
  health consumers . [7]</p>
  <p>Desire woman For always seen interesting often used by parties​ the
  party that does not responsible answer , which makes or sell cosmetics
  that are not in accordance with standard or regulations in force .
  Because many consumer No know materials used , methods​ manufacturing ,
  and marketing strategies product said , then important For own rule
  law that can guard interest consumers . At the time this , many woman
  interested buy cosmetics offer cheap price and fast results​​ visible .
  [6]</p>
  <p>BPOM's duties are regulated in the Decree of the Head of BPOM
  Number 02001/SK/KBPOM dated 26 February 2001 concerning BPOM's
  Organization and Work Procedures regulate about duties and functions
  of the POM Agency. Namely carry out task government in the field of
  supervision medicine and food , carry out policy certain in the field
  supervision medicine and food , coordination activity functional in
  implementation BPOM's duties include monitoring and providing guidance
  and conduct coaching to activity agency government in the field
  supervision and food . Function supervision this plays a very
  important role in frame protection consumer . Function government
  supervision​ started at the time a business entity will start
  production its products . For example in matter making product
  cosmetics , before make product cosmetics , manufacturers must Already
  own permission business industry . [8]</p>
  <p>In the field skincare products , protection law is very important
  Because There is risks that can occur appear from use products that
  are not fulfil standard Security . Consumer need protected from effect
  side or damage that can happen consequence negligence in the
  production process , including use material dangerous . In general ,
  purpose protection law for consumer is For create a safe and fair
  environment , and give guarantee that the products they use has
  through a correct and safe process . [9]</p>
  <p>Head of BPOM of the Republic of Indonesia, Taruna Ikrar , stated
  that Makassar has appointed as one of the supervised area​ in a way
  strict by BPOM related Dangerous skincare products . He explain that
  in 2023 , there will be six case illegal skincare products in the
  region , totaling Rp 1.7 billion . &quot;In 2023 , there will be six
  cases , five of which currently in the legal process , with a total of
  Rp. 1.7 billion ,&quot; he said . For In 2024, BPOM noted existence
  increase , with 10 cases illegal skincare products , three of which
  are Already enter stage law and its total value almost Rp 3.4 billion
  . &quot; Year This Still ongoing , already there are 10 cases and
  three of them currently in legal process with a total value of IDR 3.4
  billion ,&quot; he explained .</p>
  <p>Head of the Makassar City BPOM, Hariani , revealed that from
  examination of 66 samples , found six skincare products that contain
  material dangerous . Some from product the No own permission For for
  sale . FF Day Cream Glowing product detected contain mercury , FF
  Night Cream also contains mercury , but Already registered and have
  permission . On the other hand , Raja Glow My Body Slim is drug
  traditional containing​ material chemistry forbidden . Hariani explain
  that Raja Glow products contain bisacodyl , namely material the usual
  active used For reduce weight . Mira Hayati Lighting Skin products are
  found contain mercury , while night cream from Mira Hayati yet get
  permission distribution from BPOM and detected positive contain
  mercury . Hariani suspect existence the party that does not
  responsible answer that adds mercury in skincare products during the
  production process , even though sample has checked and get permission
  before for sale . Recently this , police has set three owner skincare
  products that contain mercury .</p>
</sec>
<sec id="method">
  <title>METHOD</title>
  <p>Type study This is study law empirical namely research conducted​
  through studies field . In research This collected data from a number
  of respondents who then processed in accordance with technique the
  analysis used , then poured out in form descriptive use to obtain
  description condition Actually from law as fact social . In the
  research field research​ library needed at the time compile framework
  research (research design ) or proposal for use to obtain information
  beginning from study previous less​ more similar For deepen knowledge
  researcher about the method that will be used . [10]</p>
</sec>
<sec id="discussion">
  <title>DISCUSSION</title>
  <sec id="the-role-of-bpom-makassar-city-in-providing-protection-consumer-to-circulation-skincare-products-that-contain-mercury">
    <title>The Role of BPOM Makassar City in Providing Protection
    Consumer To Circulation Skincare Products That Contain
    Mercury</title>
    <p>Protection law needed consumers , because is the state's
    obligation to protect its people , including For user cosmetics fake
    . In an effort give protection consumer specifically user cosmetics
    said , then required role is BPOM, because BPOM is an institution
    the government that organizes affairs supervision medicine and food
    . [11] Supervision process to cosmetics set up in Constitution
    Protection Consumer about coaching and supervision to organization
    protection consumer with objective For protect interest consumer
    from all consequence bad caused​ circulation a goods and services .
    [12]</p>
    <p>As for the basis The establishment of the Food and Drug
    Monitoring Agency (BPOM) is Presidential Decree ( Keppres ) Number
    166 of 2000 concerning Position , Duties , Functions , Authority ,
    Composition Organization , and Work Procedures of Non- Departmental
    Government Institutions . Currently , regulations the establishment
    of BPOM is listed in Regulation President Number 80 of 2017
    concerning the Food and Drug Supervisory Agency . BPOM is
    institution independent responsible​ answer direct to President and
    coordinated with the Minister of Health. BPOM is tasked with
    supervise : Drugs, Drug ingredients , Narcotics , Psychotropics ,
    Precursors , Substances Addictive , Traditional Medicine ,
    Supplements health , Cosmetics , Processed food . BPOM carries out
    supervision For protect public from circulation medicines and foods
    that are not fulfil standard safety , efficacy , benefits , and
    quality , as well as nutrition .</p>
    <p>Based on results interview with Ahmad Lalo saying in monitor and
    supervise circulation skincare products on the market so that it
    doesn't contain material dangerous like mercury with method Carry
    out premarket surveillance , namely supervision product before
    circulating such as the certification process method making good
    cosmetics​ For ensure that means production , equipment , materials
    to be used , the product to be produced , people who work fulfil
    requirements that have been set . And Implement post market
    supervision , namely supervision product during circulating , such
    as supervision means production , supervision means distribution ,
    sampling and testing product For ensure that products produced and
    distributed​ Still in accordance with requirements and in accordance
    with the registered one .</p>
    <p>BPOM also often do inspection to skincare products on the market
    , and the testing process For ensure security material the
    ingredients with method For implementation inspection consists of on
    Implementation inspection implemented regularly and throughout year
    , Implementation inspection in frame Cases and Inspections special
    in frame eradication product illegal cosmetics and contain material
    dangerous . While For ensure security products in circulation that
    is Sampling implementation ( purchase) products in circulation ) and
    testing in the laboratory regularly throughout​ year and
    implementation innovation Molkika ( Laboratory Car) Around Safe
    Cosmetics ) namely testing product cosmetic in a way fast and on the
    spot For know There is whether or not content material dangerous to
    cosmetics used by the public . For prevent skincare products that
    contain mercury circulating in the market BPOM has system
    supervision namely : [13]</p>
    <p>Do supervision before (pre market) and during product
    Pharmaceutical Preparations and Processed Foods circulating (post
    market) for ensure safety , efficacy / benefits and quality
    Pharmaceutical Preparations and Processed Foods .</p>
    <p>Ensure product Pharmaceutical Preparations and Processed Foods
    produced safe , efficacious / useful up to hand consumers .</p>
    <p>Become consumer smart and empowered in choose and consume product
    Safe and responsive pharmaceutical and processed food preparations
    with wise information circulating .​</p>
    <p>Based on results interview with Mutmainna as consumer Skincare
    users containing it mercury say with existence cooperation with a
    number of parties greatly influence awareness consumer will use of
    mercury skincare and reduce use skincare that contains it mercury as
    well as with existence submission online community​ can feel
    protected with the existence of a program that is owned The Makassar
    City BPOM and the public are aware where we will be report related
    the losses we experienced during use skincare products that contain
    mercury .</p>
  </sec>
  <sec id="legal-actions-taken-by-the-makassar-city-bpom-against-skincare-products-that-do-not-meet-quality-standards">
    <title>Legal Actions Taken by the Makassar City BPOM Against
    Skincare Products That Do Not Meet Quality Standards</title>
    <p>Based on the Decree of BPOM RI Number HK.00.05.4.1745 of 2003
    concerning Cosmetics , requirements quality cosmetics circulating in
    Indonesia must in accordance with Codex Indonesian Cosmetics and
    some other standards recognized by regulations legislation .
    Cosmetics it is said No fulfil condition if contain materials that
    are not allowed in cosmetics or contain permitted materials ,
    however​ in amount that exceeds the limit. [13]</p>
    <p>Based on results interview with Ahmad Lalo According to with Law
    of the Republic of Indonesia Number 17 of 2023 concerning Health ,
    namely Every person who produces or to circulate Pharmaceutical
    preparations and/ or medical devices that are not fulfil standards
    and/ or condition safety , efficacy / benefit , and quality as meant
    in Article 138 paragraph (2) and paragraph (3) shall be punished
    with criminal maximum imprisonment of 12 ( twelve ) years or
    criminal a maximum fine of IDR 5,000,000,000 (five billion
    rupiah).</p>
    <p>Based on Article 39 of the Decree of the Head of the Food and
    Drug Supervisory Agency of the Republic of Indonesia Number
    HK.00.05.4.1745 of 2003 concerning Cosmetics sanctions that can be
    given to perpetrator efforts , namely : [14]</p>
    <p>Sanctions administrative , in the form of :</p>
    <p>Warning written</p>
    <p>Withdrawal products and withdrawals advertisement product the</p>
    <p>Destruction product .</p>
    <p>Termination temporary activity production , import distribution ,
    storage , transportation and delivery product .</p>
    <p>Revocation certificates and permits circulate .</p>
    <p>Sanctions criminal in accordance provision Applicable
    legislation​</p>
    <p>Perpetrator proven efforts​ do forgery about materials used​ in
    product cosmetics (which are not in accordance with registered
    composition​ or attached to the label) will prosecuted continue
    processed by BPOM. All cosmetics that will circulated must be
    notified moreover formerly as one of the form supervision , if there
    is perpetrator business that does fraud so can sentenced punishment
    criminal . BPOM does not can to drop punishment criminal penalties
    for perpetrators business that does cheating , but the POM will do
    coordination with parties related Perpetrator business that does
    violation in produce , sell , and or to circulate product cosmetics
    can worn sanctions criminal as has regulated by regulations
    legislation , basis the law that is Constitution Number 36 of 2009
    concerning Health , namely : [15]</p>
    <p>For perpetrator business that does cheating and not fulfil
    condition about product cosmetics ( contains material dangerous )
    which has set up as should be able to subject to Article 196 with
    threat criminal imprisonment for a maximum of 10 ( ten ) years and a
    maximum fine of Rp. 1,000,000,000.00 ( one billion rupiah).</p>
    <p>For perpetrator effort that does not own permission distribution
    on a product cosmetics that are produced , sold , or circulated can
    subject to Article 197 with threat maximum imprisonment of 15 (
    fifteen ) years and a maximum fine of Rp. 1,500,000,000.00 ( one
    billion five hundred million rupiah).</p>
  </sec>
</sec>
<sec id="conclusion">
  <title>CONCLUSION</title>
  <p>The role of BPOM Makassar City in give protection consumer with
  methods : (1) Monitor and supervise circulation skincare products on
  the market so you don't contain material dangerous ; (2) Carrying out
  premarket surveillance , namely supervision product before circulating
  such as the certification process method making good cosmetics​ For
  ensure that means production , equipment , materials to be used , the
  product to be produced , people who work fulfil requirements that have
  been determined ; (3) Implementing post market supervision , namely
  supervision product during circulating ; (4) Doing inspection to
  skincare products on the market . And legal action taken by the
  Makassar City BPOM against skincare products that are not fulfil
  standard quality is sanctions administrative warning written ,
  withdrawal product , destruction product , discontinuation temporary
  activity production and withdrawal certificate as well as permission
  circulation . Sanctions criminal in accordance with Law of the
  Republic of Indonesia Number 17 of 2023 concerning Health , namely
  Every person who produces or to circulate Pharmaceutical preparations
  and/ or medical devices that are not fulfil standards and/ or
  condition safety , efficacy / benefit , and quality as meant in
  Article 138 paragraph (2) and paragraph (3) shall be punished with
  criminal maximum imprisonment of 12 ( twelve ) years or criminal a
  maximum fine of Rp. 5,000,000,000 (five billion rupiah). The
  government need do more supervision​ strict so that public as consumer
  Can more protected from consequence use cosmetics that are not have
  permission distribution from BPOM. Consumers must more be careful and
  behave critical in buy product cosmetics with notice information
  contained​ in packaging product cosmetics , is it goods the Already own
  permission distribution or is illegal goods . And there must be good
  cooperation​ between Government , BPOM, and apparatus enforcer law in
  effort protect consumer to circulation cosmetics that are not fulfil
  standard . This cooperation can done with increase supervision
  regularly to​ producers and actors business as well as the holding of
  counseling to society so that society aware will importance security
  in use product cosmetics and society avoid from existence danger .</p>
</sec>
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