Islamic Legal Principles and Cosmetic Consumer Protection

A Socio-Legal Study of Product Safety in Makassar City

Abstract

The circulation of unsafe cosmetics in Indonesia raises consumer protection concerns that extend beyond regulatory compliance to ethical responsibility and Islamic legal norms. This study examines the protection of cosmetic consumers in Makassar City by analyzing the relationship between Islamic legal principles and Indonesia’s positive consumer protection law, particularly regarding product safety and business responsibility. Employing a socio-legal approach, the study combines normative analysis of consumer protection regulations and Islamic legal principles with empirical data obtained through interviews with the Food and Drug Supervisory Agency (BPOM) concerning cosmetic supervision in Makassar City. Secondary data were collected from legislation, regulatory documents, and relevant scholarly literature. Data processing involved data selection, classification, and systematization according to the research focus, followed by data reduction, data presentation, and conclusion drawing. The findings reveal a gap between the normative guarantee of consumer safety under Law No. 8 of 1999 on Consumer Protection and practices in the cosmetic market, including the circulation of products that fail to meet safety and quality requirements. BPOM evidence also indicates that some products initially subjected to registration and supervision were subsequently adulterated with hazardous substances, including mercury. From an Islamic legal perspective, such practices contravene the principles of justice, honesty, amanah, responsibility, and maslahah, and may constitute contemporary offenses subject to taʿzir. The study argues that positive law and Islamic law provide complementary foundations for consumer protection: positive law establishes enforceable regulatory mechanisms, while Islamic principles reinforce ethical accountability and the protection of life, property, and public welfare.