Logo
International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 3 (2026)
Liability of business actors in the distribution chain for the sale of expired food products in minimarkets
Authors
Prazelia Mangala, Theresia Louize Pesulima, Sarah Selfina Kuahaty
Abstract

Introduction: The circulation of expired food products in minimarkets constitutes a consumer protection issue involving various parties within the distribution chain, ranging from producers and distributors to minimarkets as final sellers. This condition raises legal concerns regarding the parties who bear responsibility and the forms of legal liability owed to consumers who suffer losses under the applicable consumer protection and food laws and regulations.

Research Objectives: This study aims to analyze the liability of business actors within the distribution chain for the sale of expired food products in minimarkets and to examine the forms of liability that may be imposed on or provided by business actors to consumers who suffer losses as a result of the circulation of such products.

Research Methods: This study employs a normative legal research method using a statutory approach and a conceptual approach. The legal materials consist of primary, secondary, and tertiary legal materials obtained through a literature review and analyzed qualitatively by describing and interpreting legal provisions relevant to the research problem.

Results and Discussion: The results of the study indicate that liability for the sale of expired food products in minimarkets is cumulative and proportional to the degree of fault or negligence of each business actor. Minimarkets bear direct responsibility toward consumers because they have a transactional relationship with consumers and an obligation to ensure that the products they sell are fit for consumption and have not expired. Meanwhile, distributors and producers may also bear liability when the losses are caused by negligence in the storage, distribution, or quality assurance of the products. Forms of liability may include civil liability arising from breach of contract (wanprestasi) under Article 1243 of the Indonesian Civil Code and liability for unlawful acts under Article 1365 of the Indonesian Civil Code, with compensation as provided for under Article 19 of the Consumer Protection Law; administrative liability in the form of sanctions imposed by the Food and Drug Authority (BPOM); and criminal liability under Article 140 of the Food Law, which provides for imprisonment for a maximum of two years or a fine of up to IDR 4,000,000,000.00. Dispute resolution may be pursued through both non-litigation and litigation mechanisms in accordance with the applicable laws and regulations.
Download
Pages:84-90
How to cite this article:
Prazelia Mangala, Theresia Louize Pesulima, Sarah Selfina Kuahaty "Liability of business actors in the distribution chain for the sale of expired food products in minimarkets". International Journal of Law, Policy and Social Review, Vol 8, Issue 3, 2026, Pages 84-90

Please enter the email address corresponding to this article submission to download your certificate.