22 Juni 2010

Abstract

Abstract


Advertising is a dynamic public forum where the interest of business, creativity, consumer need, and government regulation meet. In conveying the message or product information, both goods and services, using advertising technique, supervision is needed so that the advertisement being presented does not deviate. In carrying out the supervision, the government through the Minister of Health as the technically related Minister who has an institution which supervises consumer protection which is related with advertising, namely Drug and Food Supervisory Body (BPOM) as regulated in the Paragraph 30 of the Indonesian Act No. 8 of the Year 1999 about Consumer Protection.

In connection with the role of BPOM in supervising advertisement, this thesis deals with the following problems:
1. How is the supervision by BPOM of Palembang upon advertisement as an effort of
legal protection for consumer carried out?
2. What factors which become constraints in supervising advertisement by BPOM as
an effort of legal protection for consumer?
In order to obtain and analyze problem gather the data needed for this study, the author uses the method of empirical juridical legal study employing primary and secondary data which are focused on the norms of positive law and the reality in the field.
Based on the result of the study, the author draws the following conclusions:
1. The supervision conducted by BPOM of Palembang is based on SISPOM or System of Information of Drug and Food Supervision which covers subsystem of producer supervision, consumer supervision, government supervision/BPOM. The supervision is carried out by Consumer Complaint Service Unit which supervises advertisement of drugs, foods and drinks, cosmetics, household health supplies (PKRT), traditional drugs and narcotics. The supervision carried out by BPOM in supervising advertisements can be conducted through repressive and preventive measures.
2. The factors which become constraints in supervising advertisement by BPOM of Palembang, among others, are the following factors of: legal itself, legal structure, means or facilities, the society, and legal culture.

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