| dc.description.abstract | This thesis examines the modus operandi and judicial considerations in criminal
cases concerning the distribution of illegal cosmetics in Indonesia through a
normative juridical approach. By analyzing four purposively selected court
decisions, namely Decision Numbers 79/Pid.Sus/2021/PN Soe, 6/Pid.Sus/2025/PN
Skw,, 204/Pid.Sus/2025/PN Mks, and 205/Pid.Sus/2025/PN Mks. This study
identifies patterns of criminal conduct and evaluates the consistency of judges’ legal
reasoning in applying two primary legal instruments: Article 435 of Law Number
17 of 2023 concerning Health and Article 62 paragraph (1) of Law Number 8 of
1999 concerning Consumer Protection. The research reveals four recurring modus
operandi patterns: (1) procurement through informal and unregulated supply
channels, (2) physical manipulation and disguise of product information, (3)
exploitation of digital commercial platforms and contactless transactions, and (4)
sophisticated identity and organizational concealment mechanisms. Judicial
considerations in determining the applicable law are primarily influenced by the
defendant’s degree of direct involvement in production or distribution, the nature
of evidence regarding prohibited substances (particularly mercury), the level of
criminal intent (dolus), and the specific characteristics of the modus operandi. This
study finds that the differential application of the two laws is not arbitrary but
reflects the distinct normative scopes and evidentiary requirements of each
provision. The findings highlight the need for clearer guidelines to ensure
consistency in law enforcement and stronger regulatory oversight of cosmetic
products in the digital era. | en_US |
