Modus Operandi and Judicial Considerations in Criminal Cases Related to the Distribution of Illegal Cosmetics (Study of Court Decisions)

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.