The Role of the Food and Drug Control Agency in the Sales of Food through E-Commerce Platforms

Abstract

There are many advantages to online shopping, there are things that business people must pay attention to. Based on Law Number 8 of 1999 concerning Consumer Protection. Article 8 regulates actions that are prohibited for business actors. However, the lack of public or consumer knowledge is an advantage for business actors. In the Shopee application, several business actors can still be found selling imported processed food originating from China, one of which is Akuan Shicuan Wide Noodle (Chinese wide noodles). This product does not comply with the provisions in the consumer protection law above. Viewed from an administrative perspective, the food products sold are processed foods that do not yet have a distribution permit. The obligation to obtain a distribution permit is regulated in Law Number 18 of 2012 concerning Food, article 91 paragraph (1). The authority of an institution that issues a distribution permit, namely BPOM, is based on Presidential Regulation Number 80 of 2017 concerning the Food and Drug Supervisory Agency Number 80 of 2017. Article (4). The research method used is normative juridical, which examines legal materials such as statutory regulations, legal analysis, and the opinions of scholars in order to solve the problems studied. The aim is to find out and explain BPOM's authority in granting distribution permits and forms of consumer protection for food sold via e-commerce platforms. The results of this research show that the role of the Food and Drug Monitoring Agency in the sale of food via e-commerce platforms is to ensure that food or products circulating via e-commerce already have a distribution permit from BPOM to guarantee the safety and quality of a product. BPOM's supervision of e-commerce in sales on social media is using cyber patrol. The form of consumer protection is divided into two, namely the preventive form of consumer protection seen from several regulations which are the basis for distributing good food online, while the repressive form of consumer protection is seen from the provision of sanctions. Apart from that, it is recommended that in terms of supervision, cooperation between BPOM and the e-commerce marketplace requires special supervision, such as cyber patrol which is usually used, but perhaps the way the supervision works is specifically directly for the e-commerce and also requires cooperation with business actors in adding mandatory sales conditions. legal documents such as distribution permits from BPOM.