Legal Liability of Business Actors and Influencers in Consumer Protection Againts Misleading Claims on E-Commerce Platforms (Misleading Claims) on Cosmetic Product Advertising in Indonesia

Abstract

The rapid growth of digital cosmetics marketing on e-commerce featuring misleading claims harms consumers, while current advertising legal frameworks do not explicitly cover the boundaries of influencer liability. This study aims to analyze the legal liability of business actors and influencers and examine the obstacles in law enforcement. The research method used is normative legal research through statutory and conceptual approaches with qualitative analysis of the Consumer Protection Law (UUPK), Electronic Information and Transactions Law (UU ITE), and BPOM regulations. The results show that business actors bear full civil, criminal, and administrative liability for consumer losses under Article 19 of UUPK, whereas influencers can be held liable for unlawful acts under Article 1365 of the Indonesian Civil Code and Article 28 paragraph (1) of UU ITE. Law enforcement obstacles include the ambiguity of influencers' legal status, weak real-time monitoring, and low consumer reporting awareness. The novelty of this study lies in proposing a specific regulatory framework governing professional standardization and legal liability limits for digital influencers to achieve legal certainty for consumer protection in Indonesia.