CHAPTER I

INTRODUCTION

In Indonesia today there are many consumer problems in the food sector in
particular, is the most worrisome of which is the case - the case of hazardous substance
abuse problems in food products or materials are allowed, but exceed the specified limits.
Examples of cases of abuse of harmful substances in foodproducts that have
occurred in Indonesia and until that happens on the court cases that have been brought due
to the death of a human being as a consumer due tonegligence of the manufacturer, is in the
case of toxic biscuit in Tangerang, in that case menibatkan CV. Gabisco as Manufacturers.
In the case, which involves the CV. Gabisco as a producer, obviously due to the
negligence ot the manufacturer. It based that consumers are not aware that the biscuit that had
consumed contaminated with hazardous materials for the soul and health. Because of the
results of laboratory examination of these biscuits contain harmful toxins namely Anion
Nitrite (NO
2
).

1.1 Background Issues
Frequently consumed food products consumers every day, which has been relied
upon as a source of vegetable protein but apparently the public as consumers do not
realize tat the food product contains hazardous materials. Food products in question there
is a lot at school snacks, traditional snacks, food catering, even in the store, a supermarket
that often times we think is the cleanest in terms of providing food which is a form of
modern markets were not spared from the threat of additional material dangerous.
According to us a writer, this is very interesting to be discussed and assessed.
Because there are three things at least interesting, among others:
First, that based on data from BPOM in 5 Provinces in the year 1999 to 2001 showed that
the use of additional materials that are hazardous to health food on products which is
about 89.8%, consisting of 35.6% ang 41.2% use Borax and Formalin, 10.4% use
Rodamin B dye and 1.9% dye use warnings. Another case is the use of food additives are

permitted but exceed the dose that has been permitted in accordance with the regulation
ministers No. 1168/Menkes/Per/X/1999 on Amandement Regulation of the Minister of
Health No. 722/Menkes/Per/IX/1988 on Food Additives.

1.2 Limitations
In this paper we put this, we will discuss matters including the following:
Law of consumer protection in relation to the abuse of harmful substances in various
food products.
Types of hazardous substances commonly used in food products
The impact and harm caused by hazardous substances
Penalties are given to the personnel that are involved in the abuse of the use of
hazardous substances in food products.

1.3 Purpose of
The purpose of writing a paper on Consumer Protection Act in relation to the abuse
of harmful substances in various food products are:
To fulfill the task as the task of drafting paper Introduction to Law (PIH)
Potential power fikir a critical time for the students to the rampant cases of abuse of
harmful substances in food products
Researching is more about the legal basis and foundation of prohibiting the use of
hazardous substances in a variety of food products

1.4.Metode Data Collection
In preparing this paper, it is essential to data collection and a number of actual
information in accordance with the issues to be discussed. In connection with the issue in
the preparation of this paper, the authors use several methods of data collection, the first
by reading the source, both browse the Internet, with the third and final reading of print
media with the knowledge that the authors have.



CHAPTER II
DISCUSSION

National Consumer Protection Agency (BPKN) announced the results of the study
and analysis on government policy in the field of food-related consumer protection. This
study BPKN Seafast Center in cooperation with the IPB, the study objectives include
studying the handling of cases of food which is then followed up with BPKN submit
recommendations to the Government on consumer protection policy in the field of food.
The study was conducted as the performance of duties under the mandate of Law No.
BPKN. 8 of 1999 on consumer protection was associated with the rights of consumers get
the convenience, security and safety in the consumption of goods and / or services; the
right getting the right information, clear and honest about the condition and guarantee of
the goods and / or services, as well as getting the right guidance and consumer education .
2.1. Food
2.1.1 Definition of Food
Food is a basic human need which is also a trade commodity, needs
support systems food trade in an ethical, honest, responsible & thus affordable
by the community. Food in the form of food & beverage is one of the basic
human needs necessary to live, grow, breed, and reproduction.
In Article 1 of Law no.7/1996, stated that "Food is anything that is derived
from biological sources & water, whether processed, which is applied as a food
or beverage for human consumption, including food additives, food raw
materials, material & others are used in the process of preparing, processing, &
or manufacture of food or drink ".

2.2 Hazardous Substances (addictive substances)
2.2.1 The definition of hazardous substances
Hazardous substances are also commonly referred to addictive substances,
drugs and active ingredients which when consumed by living organisms can
cause obstructed labor biology. In this case, the use of additives in food products
also lead to some impacts that disrupt the body's organ systems work in the
process of metabolism, so the additional substances including addictive.


2.2.2 Various Types of Hazardous Substances and its Impact

Understanding and the impact of substances - substances that harm, that
plumpness used as additives for food products are:
1. Formalin
Formalin is a solution of 37% Formaldehyde in water which usually
contains 10-15% methanol to prevent polymerization. Formalin many used as
a disinfectant for cleaning floors, ships, ware houses, and clothing, as
germicides and fungicides on plants and vegetables, as well as flies and other
insect repellent.
According to BPOM use of formalin
in food products are very harmful to health
because it can cause short-and long-term
effects depend on the magnitude of
exposure on the body. Impact of
formaldehyde on the human body can be:
- Acute: immediate effects on human health looks like irritation, allergy,
redness, watery eyes, nausea, vomiting, burning sensation, abdominal pain
and dizziness.
- Chronic: Effects on human health after exposure seen in a long time and
repeated: As severe irritation, watery eyes, digestive disorders, liver, kidney,
pancreas, central nervous system, and in experimental animals can cause
cancer in humans while allegedly are carcinogens. Consuming foods that
contain formaldehyde, the side effects seen in the long run, due to the
accumulation of formaldehyde in the body.
Formalin is very easily absorbed by the body through the respiratory
and digestive tracts. The use of formalin in the long run can be bad for the
body's organs. Because toxic, formaldehyde is labeled on the packaging that
reads "Do not use formalin to preserve food such as noodles and tofu".


2. Borax
Borax is a compound form of white crystals, odorless and is stable at
normal temperatures and pressures. In borak water turns into Sodium

Hydroxide and Boric Acid. Borax is
commonly used for memantri metal, glass
and enamel production, as a wood
preservative, and cockroach exterminator.
Boric acid or Borax is toxic to cells - the
cells of the body, harmful to central nervous
system, kidneys and liver. Do not use Borax in making meatballs, crackers,
noodles and the like.

3. Rhodamin B
Rhodamin - B is a synthetic dye crystals, powder, green or reddish
purple, odorless, and the bright red solution berflourenses. Rhodamin - B
ummnya used as paper and textile dyes. Experiments on animals show that
this substance diseap more on the digestive
tract.
Damage in rat liver occurs as a result
pakannya containing Rhodamin - B in high
concentrations. Consuming these substances in a long time can cause
disturbances in liver function and liver cancer. Do not color the food with
Rhodamin - B.

4. Yellow Metanil
Metanil Yellow dye synthesis is colored brownish yellow powder,
soluble in water, slightly soluble in benzene, ether, and sparingly soluble in
acetone. Metanil Yelow generally used as textile dyes and paints as well as
an indicator of acid neutralization reactions - a base.
This substance is a chemical compound of
Aromatic Azo which can cause liver Tomur in
various tissues, lemih bladder, gastrointestinal
tract or skin system.
Do with Metanil Yellow food coloring. Of the various types of
materials - materials that have been mentioned above and found to be very
dangerous for human health of body and role in the short and long term,
ranging from the production, export - import, distribution of goods, as well as

sales and marketing must be strict supervision so that no longer businesses
that use hazardous materials such as a food additive in products - food
products that circulate in the community.

2.3 The purpose of additives used:
1. Maintaining the nutritional value of food as long as the food processing, there
arenutrients that are damaged or missing.
2. So that food is more interesting.
3. In order for food quality and stability is maintained.
4. Consumption of some certain people who need a diet.
5. To be more durable food


2.4 Hazardous Substance Abuse Case for Food Products in Indonesia
Most cases of food poisoning from food service (catering). National data are
summarized BPOM during the last 4 years is also explained, that the food service
industry and household food products contributed the most (31%) compared with
processed food (20%), snacks (13%) and others (5 %). Data from POM about
outbreaks (epidemics) of food poisoning from 2001-2006 showed an increase both
in number of occurrences and the number of victims who are sick and died.
Nevertheless, the suspected death toll may be only 1% according to WHO estimates.
During the year 2006 (the date of August 23, 2006) reported the number of
outbreaks reached 62 cases with 11 745 people who consume food and 4235 people
have fallen ill and 10 died. 184 outbreaks occurred in 2005, 23,864 people who
consume foods, 8949 people fell ill and 49 people died.
Based on the cause of outbreak (as of August 23, 2006) 37 cases of unclear
origin, 11 cases caused by microbes and 8 cases there was no sample. In 2005 an
outbreak of unclear origin (derived from the public) as much as 95 cases, no sample
of 45 cases and 30 cases caused by microbes.
The results of the study and analysis BPKN also still find the use of substances
in food products as follows:
1. Found the use of controlled substances such as preservatives, dyes, sweeteners
and other not-for-food (such as Rhodamin B and methanil yellow). There are
two categories of preservative commonly used business, the first preservative

that should not be used at all and secondly, the material may be used but it is
above a predetermined threshold.
2. Abuse of other harmful chemicals found in food products, especially the use of
formalin, and borax. The use of formalin mainly found in low acidic food
products such as wet noodles, tofu, salted fish and fresh fish.
3. Misuse of food additives (BTP) that exceed the allowed dose among others
encountered in the use of artificial sweeteners (saccharin and cyclamate).
Regarding the use of BTP alone until there is currently no exact numbers. POM
data in 5 provinces in the years 1999-2001 showed that about 89.8% of food
products containing BTP consisting of 35.6% of food products containing
borax, formalin containing 41.2%, 10.4% contain dyes Rodhamin B and
containing 1.9% dye warnings.

2.5 Applicable Legal Foundation in Indonesia Regarding Consumer Protection in
Hazardous Substance Abuse in the Food Product
Chapter II: Principles and objectives
Article 3, Section D: creating consumer protection systems that contain elements
of legal certainty and transparency of information and access to information.
Chapter III: Rights and Obligations
Article 4 of the rights of consumers: part A: the right to comfort, security, and
safety in the consumption of goods or services.
Part D: The right to be heard penadapt or complaint for goods or services used.
Section F: The right to obtain guidance and consumer education.
Chapter VI: The act that is prohibited for business
Article 8: Section B: Not according to the net weight, net contents or net and the
number in a matter as stated in the label or labeling of the goods. Entrepreneurs
who are prohibited from trading goods damaged, defective or used and polluted
without providing full information without providing complete and correct
information on the goods in question.
Chapter VI: Responsibility of the business
Article 19: part 1: the business is responsible for providing compensation for the
damage, contamination, and / or loss of consumers due to consumption of goods
and / or services produced or traded

Part 2: The indemnity referred to in part (1) can be either a refund or replacement
of the goods and / or services similar or equal value, or health care and / or
provision of compensation in accordance with the provisions of laws - laws and
policies
Section 4: indemnity as referred to in part (1) ff subsection (2) does not remove
the possibility of criminal charges based on further evidence for the existence of
elements of the error.
Chapter VII: Coaching and supervision
Article 29: part 1: The government is responsible for the development of
consumer protection implementation secure the rights of consumers and
entrepreneurs as well as implementation of obligation consumers and
entrepreneurs.
Part 2: Guidance by the government for the organization of consumer protection
as referred to in paragraph (1) conducted by the minister and / or related technical
ministers.

2.6 Penalties For The Person Hazardous Substance Abuse in the Food Products in
Indonesia Punishment for the perpetrators effort was still too light, for example, who
was convicted only sentenced to 3-6 months, while the fine is only Rp. 200,000, the
legal basis used by judges and prosecutors only the Criminal Code or local
regulations. While the Consumer Protection Act No. 8 of 1999 subscribers to the
health of the consumer carries a maximum penalty of 5 years following a fine of up
to Rp 2 billion. Law on Consumer Protection Act set in - RI Law No. 8 year 1999
concerning consumer protection.


CHAPTER III
CONCLUSION AND SUGGESTIONS

3.1 Conclusion
From this paper we can conclude that consumer awareness is far from the
expected, including the necessity to read the label before dropping the option to buy.
In this case the necessary socialization to the community on an ongoing basis. One of
the media that is needed is public service ads that invite or encourage consumers to
be wise in making a choice, meaning that consumers must have the awareness and
knowledge about the goods and provisions. In case of poisoning eat, lately impressed
considered normal and no thought or awareness to report it to the relevant
authorities.
Then from the above explanation as it would be nice is the government body to
supervise the distribution and marketing of goods - goods that have been circulating
in society today often and always conduct supervision - supervision of business
actors and the distributors who are direct providers of goods can be met with
consumers or customers.
That is why this essay was made because of perceived in Indonesia at this time
the actors and producers are also many who commits an offense in violation of
breach - Law No. 8 of 1999 on Consumer Protection. Consumers in Indonesia is very
much aggrieved ranging from mild illness to death is all that is the effect - the effect
of food they consume during the grace period is short or long enough.
Act - Act No.. 8 of 1999 on Consumer Protection aims to protect and or at least
equalize between producers and consumers as users of hard for the future in the
event of a violation of rights - the rights of consumers, then the manufacturer can be
held accountable for his actions in court.

3.2 Advice
1) Technical Instructions in the framework of the implementation of PP 28/2004 on
Safety, Quality and Nutrition Food and PP 69/1999 on Food Labeling and
Advertising needs to be socialized continuously and sustainably. Assessment
needs to be done on a policy / regulation of food are carried out jointly by the

institutions related to food policy (Dep. of Industry, Dep. Commerce, Dep.
Agriculture and POM).
2) The local government through the ministries of his service as the provisions of
Law no. 32 Year 2004 regarding Regional Government (State Gazette of the
Republic of Indonesia Year 2004 No.. 125, Republic of Indonesia State Gazette
No.. 4437) in accordance with the duties and functions to perform an ongoing
effort to empower people by providing an understanding and protection to
consumers in terms of food safety. Low consumer awareness of rights and
obligations, including in the field of food safety in still resulted in a lack of
consumer education efforts by the government.
3) To prevent food poisoning found in many food service businesses and food
snacks, the competent authority at the local level (service related) need to
continue to conduct intensive coaching and supervision. Keep the preparation of
programs and activities related to food safety by the official authorities in the
area, including the extension program / socialization to the community and food
service businesses.
4) The government both at central and local governments need to always coordinate
tighter supervision of food products, mainly produced by small and medium
enterprises because it is very vulnerable from the aspect of food security due to
perishable and easily contaminated by harmful microbes. Also need a more
intensive surveillance conducted periodically against the circulation of food
products that have expired and the violation of labeling regulations.
5) Specifically for import of food products needs to be done early prevention since
the entry points (ports), especially the provision of labels and other provisions
that are required, among others, include the labels in Indonesian language, the
name and address of the importer as well as technical specifications in the
packaging of products.
6) The business either as a manufacturer, dealer / distributors and importers take
responsibility in implementing the provisions of the Government particularly on
food labels among other obligations as well as the inclusion of expired label in
Indonesian language.
7) is still a lack of enforcement that aims to provide a deterrent effect in cases of
violation of the applicable provisions relating to food by the business.

8) Role of Consumer Protection Organizations (LPKSM) who have authority through
the Law no. 8 of 1999 on Consumer Protection (BFL), which helped oversee the
stuff on the market together and socialized government needs to be improved
continuously. While the role and functions of BPSK as the body charged with
resolving disputes including disputes due to loss of consumer eating the food
needs to be effected.


BIBLIOGRAPHY

http://lpkjatim.blogspot.com/2009/12/hasil-kajian-bpkn-di-bidang-pangan.html
http://www.scribd.com/doc/17633440/Pengertian-Zat-Adiktif
http://hukumkes.wordpress.com/2008/03/15/pengertian-pangan /



PREFACE

Praise the presence of God the Almighty for all the abundance of grace, guidance so
that we can complete the preparation of this paper inform and subtance is very simple.
Hopefully this paper can be used as a reference, instructions and guidelines for the reader.
Our hope this paper may help to increase knowledge and experience for the readers, so
we can improve the form and contentof this paper so that the future can be better.
This paper consists of "Abuse of Food Additives" or more specifically discusses
theproliferation of harmful food additives penguunaan circulating in the community. The
source of this paper is based on the fact that we see the environment as well as
information obtained from news stories, especially investigative news, browsing the
Internet and from other sources.
We realize that this paper is far from perfect, therefore, criticism and
suggestionsfrom all parties who are building we always hope for the perfection of this
paper. Finally, we thank all those who have participated in the preparation of this
paperfrom beginning to end. May Allah almighty always be pleased with all our efforts.
Amin.





Palembang, 11 Desember 2011


Editor


TABLE OF CONTENT

Tittle page .. i
Preface ii
Table of Content iii

CHAPTER I
Introduction 1
1.1. Background Issues 1
1.2. Limitations 2
1.3. Purpose of . 2
1.4. Metode Data Collection . 2

CHAPTER II
Discussion ... 3
2.1. Food ... 3
2.2. Hazardous Subtances . 3
2.3. The Purpose of Additives Used . 6
2.4. Case of Hazardous Subtance in Indonesia . 6
2.5. Foundations of Law in Indonesia .. 7
2.6. Penalties For The Person Hazardous Substance Abuse . 8

CHAPTER III
Conclusion and Sugestions 9
3.1. Conclusion 9
3.2. Advice .. 9

BIBLIOGRAPHY .. 12