PERTANGGUNGJAWABAN PARA PIHAK DALAM PERJANJIAN ENDORSEMENT MELALUI MEDIA SOSIAL INSTAGRAM

Abstract

ABSTRACT

The endorsement agreement carried out by the parties through social media in the agreement does not stipulate provisions for liability if the product endorsed by the advertised artist is not in accordance with what has been promoted on social media, so that there is no definite responsibility to consumers if a risk arises, who will responsible and how to take responsibility. An example of a case regarding this endorsement issue is Decision Number 1555/Pid.Sus/2019/PN.Sby where sister Karina Indah Lestari in December 2018 was caught selling dangerous cosmetics which clearly did not have a distribution permit by BPOM, attracting the business actor to use the services of 7 (seven) well-known artists to advertise their products using Instagram social media with the name of their online shop account named DSC (Derma Skin Care) Beauty_id. The purpose of this study is to analyze the civil legal relationship of online business actors, endorse artists, and consumers as well as the civil liability of online business actors and endorsed artists to consumers who have used illegal cosmetic products. The use of normative juridical methods in this study obtained 2 (two) conclusions, namely first: the civil legal relationship between online business actors and endorsed artists is a legal relationship born of endorsement agreements, legal relationships between online businesses and consumers are online buying and selling agreements, artists endorse has no legal relationship with consumers. The second conclusion is the civil liability of online business actors to consumers in the form of providing compensation in accordance with the provisions of applicable regulations. As a result of losses obtained by consumers, as consumers have the right to sue or even sue online business actors with Article 1365 of the Civil Code on the basis of PMH. While the civil liability of endorsed artists to consumers who have used illegal cosmetics for endorsements made on Instagram social media is charged to online business actors.