Traditional Medicine and Consumer Legal Protection

DOI

10.2991/978-2-38476-024-4_57How to use a DOI?

Keywords

Consumer; Legal Protection; Traditional Medicine

Abstract

Consumer protection law is a legal effort to protect consumers as a concrete effort by the state to protect the community, as a manifestation of the conception of the rule of law in providing welfare, including welfare in the health sector. One of the efforts to maintain health is to take medicine. Drugs are grouped into patent drugs produced by pharmaceutical companies, and traditional drugs. Traditional medicine is grouped into 3 (three) parts, namely: (1) jamu, (2) obat ekstrak alam and (3) Fitomarfaka. Jamu is part of the traditional medicine of the nation's cultural heritage which until now is still trusted by the community to maintain their body health and improve their health status and is also believed to be a medicine for diseases for which a cure has not been found. BPOM so that it can cause harm to the health of consumers who wear it. Problem formulation (1) Why do consumers of traditional medicines not get optimal legal protection (2) What is the current formulation of the regulation of traditional medicine? (3) How is the consept of legal protection arrangements for consumers of traditional medicines. This research is included in the realm of socio-legal research that examines law using legal and social science approaches. Theories and concepts are used as analytical tools, namely the theory of legal protection, the theory of legal work from Robert Seidman, and the theory of legal systems from Lawrence M. Friedman. Based on the results of research and discussion, it was found that in the practice of traditional medicine consumers have not received optimal legal protection. This is influenced by several factors, namely: business actors, consumers, supervision and socio-culture. The current regulatory for legal protection for consumers of traditional medicines has not been contained in the Act, only in the Permenkes, Kepmenkes and BPOM Regulations, so that there is no responsibility from business actors as a form of legal protection in the form of compensation for consumers of traditional medicines who are harmed. For consuming traditional medicine. Sanctions for violations are still in the form of administrative sanctions. In the future there needs to be regulations that specifically regulate legal protection for consumers of traditional medicines.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Sri Retno Widyorini
AU  - Sri Hartati
PY  - 2023
DA  - 2023/04/19
TI  - Traditional Medicine and Consumer Legal Protection
BT  - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022)
PB  - Atlantis Press
SP  - 576
EP  - 587
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-024-4_57
DO  - 10.2991/978-2-38476-024-4_57
ID  - Widyorini2023
ER  -