The Legal Application of Consumer and Halal Product Protection in the Health Sector

Safira, Martha Eri and Chotib, Moch. and Iriani, Dewi and Budiono, Arief (2019) The Legal Application of Consumer and Halal Product Protection in the Health Sector. International Journal of Innovation, Creativity and Change, 10 (5). pp. 1-18. ISSN 2201-1323

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Abstract

Health and being healthy is the right of everyone. Yet, are the existing laws able to give legal protection of health for the Indonesian citizens? There have been cases where products which may harm the health were found, and that their halal certification is still questionable, though such certification is important for Muslims. On 2018, the public were shocked by the results of research done by the University of New York, United States, which announced that microplastic components were found in bottled mineral water from the brands Aqua, Nestle, and Club. Then, at the end of 2018, worm parasites were found in canned mackerel fish. Another interesting case is regarding immunisation vaccines, where the perspective regarding its halal-ness were still debated by the Indonesian citizens. Apart from that, the free distribution of illegal cosmetics is still an ongoing issue in Indonesia, where its impacts on health and its halal-ness are still ignored. There have also been cases on the distribution of dangerous medicine without a doctors’ prescription. Thus, this paper analyses how far the essence of UUPK (the Constitution which regulates Consumer Rights) and UU Product Halal (the Constitution which regulates Halal Products) are in protecting the health rights of the Indonesian consumers, and how the regulations and the roles of the government are in making efforts to implement and enforce these laws. Results of the analysis show that the implementation of the Consumer Rights Constitution is still minimum, though the rights for health is a basic component of the human rights.

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