Criminal Liability of Influencers for Distribution of Illegal Products on Social Media

Abstract

Product promotion activities through influencers on social media are increasingly prevalent, including for products that lack distribution permits or are classified as illegal. This situation raises legal issues regarding the criminal liability of influencers when their promotions result in consumer losses. This study aims to analyze the basis for criminal liability of influencers under the Indonesian legal system and identify regulatory gaps (legal gaps) in digital marketing practices. The method used is normative juridical through analysis of laws and regulations, legal literature, and case studies of illegal product promotion by influencers. The results show that influencers can be punished as perpetrators or accomplices to a crime under Articles 55–56 of the Criminal Code if they are proven to know or reasonably suspect that the promoted product is illegal. While proving guilt can be done through digital evidence according to the provisions of the ITE Law. In addition, the Consumer Protection Law and the Health Law provide the basis for criminal liability if the promotion is misleading or endangers public health. The study also found the absence of a lex specialis regulating the obligation to verify product legality and transparency of commercial relationships, so regulatory reform is needed to provide legal certainty and strengthen consumer protection.