Legal Protection for Consumers Regarding the Distribution of Expired Dairy Products

Abstract

Milk is a processed food product susceptible to quality deterioration after its expiration date, potentially posing health risks to consumers. In practice, expired milk is still found within various distribution channels including modern retail outlets as evidenced by the case of expired milk sales at the Indomaret store in Bandorasa Wetan, Kuningan Regency. This study aims to analyze the forms of legal protection available to consumers regarding the distribution of expired milk products and to examine dispute resolution mechanisms for aggrieved consumers. The research employs a normative-juridical method utilizing statutory and conceptual approaches, supported by a literature review and deductive analysis. The findings indicate that consumer legal protection manifests in two complementary forms: internal legal protection arising from the relationship between the business actor and the consumer, and external legal protection derived from the Civil Code (KUHPer), Law No. 8 of 1999 on Consumer Protection (UUPK), and the Food Law. Dispute resolution can be pursued through non-litigation channels such as direct negotiation between the business actor and the consumer or proceedings before the Consumer Dispute Resolution Agency (BPSK) or through litigation if non-litigation efforts fail. This is illustrated by the case under study, where mediation at the Kuningan Regency BPSK was unsuccessful, leading the consumer to pursue legal recourse through litigation.