PERTANGGUNGJAWABAN HUKUM INFLUENCER TERHADAP OVERCLAIM DALAM PERJANJIAN ENDORSEMENT PRODUK SKINCARE

The phenomenon of digital marketing through social media has given rise to endorsement practices between businesses and influencers, which often raise legal issues, particularly when overclaims occur regarding the products being promoted. This study examines the role of endorsement agreements as the basis for the legal relationship between businesses and influencers, as well as the forms of legal liability of influencers to consumers when overclaims occur in skincare product promotions. The purpose of this study is to analyze the legal validity of electronic endorsement agreements and examine the legal liability mechanisms for influencers under Law Number 8 of 1999 concerning Consumer Protection, the Civil Code, and BPOM Regulation Number 3 of 2022 concerning Technical Requirements for Cosmetic Claims. This study employs a normative juridical method with a statutory and conceptual approach, utilizing primary, secondary, and tertiary legal materials. The results indicate that electronic endorsement agreements are legally valid, but remain substantively weak because they do not explicitly prohibit overclaims or address influencer liability. Consequently, influencers' legal liability in promotional practices is largely determined by the principle of unlawful acts (onrechtmatige daad) and consumer protection. This study recommends strengthening the normative aspects of endorsement contracts and increasing influencer legal awareness to achieve a balance between economic interests and consumer protection in the digital era.