MISBRUIK VAN OMSTANDIGHEDEN AS A CHALLENGE TO THE IMPLEMENTATION OF PROCESSED FOOD PRODUCT LABELING IN MICRO BUSINESSES IN INDONESIA

Abstract

Labeling of packaged processed food products plays a crucial role in ensuring food safety and protecting consumers' right to obtain accurate information about the products they consume. Although various regulations have governed labeling obligations, such as NADFC Regulation No. 31/2018, NA-DFC Regulation No. 22/2019, and Law No. 18/2012 on Food, implementation still faces significant challenges, especially in the microbusiness sector in Indonesia. This study examines the level of compliance and challenges faced by micro businesses in complying with labeling requirements through a case study of the Enak Bangett seblak chips business, which has not fully included information according to applicable standards. The results show that limited capital, knowledge of regulations, and technical constraints are the main obstacles for micro businesses in meeting labeling standards. This non-compliance can be categorized as Misbruik Van Omstandigheden, where business actors take advantage of low consumer literacy regarding labeling, so that consumers do not have access to adequate information about the food products they consume. The legal implications of non-compliance may also result in administrative and criminal sanctions. This study recommends that the government should play an active role in providing training, subsidies, and ease of certification process for micro enterprises, to support compliance with labeling standards, improve product competitiveness, and protect consumers more effectively.

Keywords : Misbruik Van Omstandigheden, Consumer protection, Labeling.