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M. Sunandar Yuwono; Evita Isretno Israhadi

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Consumer protection in e-commerce transactions in Indonesia faces significant challenges due to the lack of specific regulations that clearly define the responsibilities of digital platforms. Law Number 8 of 1999 concerning Consumer Protection (UUPK) serves as the primary legal framework, but it has not adequately addressed the complexities of digital transactions, leading to legal uncertainty in resolving disputes and safeguarding consumer rights. This gap in the law leaves consumers vulnerable, as their rights are not clearly protected in the digital environment. One of the main issues is the low level of consumer legal literacy in Indonesia, which exacerbates the problem. Many consumers are unaware of their rights or how to enforce them, making it difficult for them to seek redress in case of problems with e-commerce transactions. This lack of understanding creates an environment where consumers are often left without proper recourse when facing issues such as faulty products, delayed deliveries, or breaches of personal data security. This study aims to identify the barriers to consumer protection in e-commerce and propose solutions to address these challenges. The study suggests that more comprehensive and adaptive regulations are needed to define the responsibilities of e-commerce platforms clearly. These regulations should include effective complaint mechanisms, stronger consumer data protection policies, and a framework for resolving disputes quickly and transparently. Additionally, the study emphasizes the need for stricter supervision and more robust law enforcement to ensure that digital trading platforms comply with consumer protection laws. The findings highlight the importance of creating a safe, fair, and trusted digital trading ecosystem in Indonesia, where consumers feel secure and are empowered to demand their rights. By implementing these recommendations, Indonesia can improve consumer protection in the digital economy, ultimately fostering a more sustainable and transparent e-commerce environment.  

Edward Benedictus Roring; Indira Jazmine; Selma Dwi Anaya Pebriyanti; Eleonora Gracia Puspa Setiawan; FX Adji Samekto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Revision of the Law on Sexual Violence (UU TPKS) has become a strategic urgency in efforts to eliminate gender bias inherent in the current legal construction, especially related to the subjectivity of men as perpetrators and the objectivity of women as victims. The current TPKS Law, although it has provided an important legal basis for the protection of victims of sexual violence, still contains a gender paradigm that limits the understanding that perpetrators of sexual violence are only men and victims are only women, thus ignoring the complexity of social reality and the diversity of victims and perpetrators23. This approach not only reinforces patriarchal stereotypes, but also hinders fair and inclusive law enforcement. Therefore, the revision of the TPKS Law must be directed at eliminating rigid gender constructions, adopting a more neutral and inclusive perspective, and strengthening responsive legal protection for all victims without exception. This revision must also emphasize the role of the state in fulfilling victims' rights and integrating independent monitoring mechanisms to ensure effective and equitable implementation. Thus, the revision of the TPKS Law is not merely a normative update, but rather a transformation of the legal paradigm that prioritizes gender equality, respect for human rights, and substantive justice for the entire community

Deanna Fitri Roshandi

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

In everyday life, the practice of making agreements often occurs informally and without written documentation, particularly in casual social interactions and economic activities. This raises important legal questions regarding whether verbal agreements hold valid legal force. The purpose of this study is to examine the legal status of verbal agreements under Indonesian civil law, particularly in relation to the requirements for the validity of an agreement as outlined in Article 1320 of the Civil Code (KUHPerdata). The study employs a normative juridical approach, focusing on legal provisions and legal doctrines to explore the issue. According to the findings, while verbal agreements are legally binding, they must still meet the requirements stipulated in Article 1320 of the Civil Code. These requirements include mutual consent, the capability of the parties involved, a lawful object, and a legal cause. Despite the lack of a written record, verbal agreements can still be considered valid as long as these criteria are met. However, a significant challenge arises when disputes occur, as proving the existence and terms of a verbal agreement can be difficult without written evidence. This is where the importance of written agreements comes into play, as they provide stronger legal protection in case of legal conflicts. The study also highlights that although Indonesian civil law recognizes verbal agreements, it strongly encourages parties to formalize agreements in writing to avoid ambiguity and ensure legal certainty. In conclusion, while verbal agreements are valid under the law, the need for written documentation is crucial for protecting the interests of the parties involved and providing clear evidence in the event of a legal dispute.  

Donny Setha

Jurnal Pengabdian dan Solidaritas Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

The development of digital technology has brought about significant changes in people's transaction patterns, particularly with the increasing use of online platforms for buying and selling. This phenomenon provides convenience for consumers and merchants, but is also accompanied by a high rate of online fraud experienced by both consumers and merchants. This fraud can take the form of fraudulent transactions, goods not received, or identity fraud. Low public legal literacy regarding rights and obligations in digital transactions is one of the main causes of weak legal protection for fraud victims. Many consumers and merchants are unaware of their rights and the legal procedures to take when experiencing fraud. This community service activity aims to increase the legal understanding of the public, especially online merchants and consumers, regarding digital consumer protection and legal fraud handling mechanisms. The activity implementation methods included interactive legal counseling, distribution of closed-ended questionnaires, case study simulations, Q&A discussions on legal issues, and light consultations. A total of 60 respondents, consisting of 30 merchants and 30 consumers, participated in the closed-ended questionnaire. The results showed that the majority of participants did not fully understand their rights in digital transactions and were unaware of the legal procedures to take when experiencing fraud. Despite this, participant interest in legal education was very high, with over 75% stating they wanted further legal assistance. This activity is expected to provide the public with better insight into their rights and obligations in digital transactions, as well as raise awareness of the importance of legal protection in the digital age. This is expected to make the public more vigilant and protected from potential online fraud in the future. Furthermore, increased legal literacy is expected to create a safer and more trustworthy digital transaction ecosystem for all parties.

Deanna Fitri Roshandi

Jurnal Ilmu Bahasa dan Pendidikan Guru Sekolah Dasar 2025 Asosiasi Periset Bahasa Sastra Indonesia

In everyday life, agreements are frequently made without written documentation, especially in informal social interactions and economic activities. This raises important legal questions regarding the validity of verbal agreements. In Indonesia, the legal status of such agreements is governed by the Civil Code (KUHPerdata), particularly Article 1320, which outlines the requirements for the validity of an agreement. This article stipulates that an agreement must fulfill four conditions: consent, the capability of the parties, a certain subject matter, and a lawful cause. Despite the absence of written documentation, verbal agreements are considered legally valid in Indonesia as long as they meet these four requirements. The primary challenge, however, lies in the difficulty of proving the existence and terms of verbal agreements, particularly in cases of dispute. Since oral contracts lack physical evidence, parties involved may face difficulties in substantiating their claims in court. This makes verbal agreements vulnerable to legal challenges, as the burden of proof falls on the party asserting the agreement. In light of these challenges, it is advisable for parties involved in significant transactions or agreements to document their commitments in writing. A written agreement provides clear evidence of the terms and conditions agreed upon by the parties and serves as a safeguard in case of legal disputes. Although verbal agreements can hold legal weight, having written records is considered a better practice for ensuring legal protection and preventing potential conflicts. This study concludes that while verbal agreements are legally valid under Indonesian civil law, their enforceability can be compromised by the lack of written documentation, making written agreements a more secure option for all parties involved.

Putu Agus Susila Adnyana; I Ketut Kasta Arya Wijaya

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Digital transformation in land administration is a strategic step by the Indonesian government to realize a more efficient, transparent, and secure land registration system. One concrete form of this transformation is the implementation of electronic land certificates (e-certificates) regulated in the Ministerial Regulation of ATR/BPN No. 1 of 2021. This article aims to analyze the implementation of electronic land certificates as a legal innovation in the national land registration system and examine the challenges and solutions faced in its implementation. Using a normative juridical approach supported by literature studies and analysis of laws and regulations, this article finds that e-certificates have a strong legal basis and great potential in reducing agrarian conflicts, accelerating the registration process, and strengthening legal protection of land rights. However, its implementation is still faced with structural obstacles, such as limited information technology infrastructure, low digital literacy of the community, and resistance to system changes. Therefore, a strong policy commitment, an inclusive implementation strategy, and strengthening regulations and institutions are needed to ensure the success of the digitalization of the land system in Indonesia. Electronic land certificates are not only an administrative tool, but also a symbol of legal reform and equitable land governance in the digital era. Furthermore, enhancing public awareness and education regarding e-certificates is crucial to foster acceptance and understanding among stakeholders. Engaging various community groups in the digital transformation process can also facilitate smoother transitions and promote a culture of innovation in land administration. Ultimately, the successful implementation of e-certificates can serve as a model for other sectors undergoing digital transformation in Indonesia.

Ade Maulia Cahyani; Aditya Catur Pamungkas; Galuh Rizky; Isyana Alif Marthani; Ribka Yuniar +2 more

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The palm oil industry is a vital component of Indonesia's economy, significantly contributing to foreign exchange earnings and employment opportunities, particularly in rural and plantation-based regions where economic alternatives are limited. However, the sector is increasingly challenged by global sustainability concerns, particularly the European Union Deforestation Regulation (EUDR), which poses a threat to Indonesia’s palm oil exports due to its strict environmental standards and traceability requirements. This study adopts a descriptive qualitative approach using a literature review to explore the role of innovation and legal protection in strengthening the sustainability and global competitiveness of Indonesia’s palm oil industry. Specifically, it investigates how the development of superior plant varieties and the application of Plant Variety Protection (PVP) under the Intellectual Property Rights (IPR) framework contribute to long-term industry resilience. The findings indicate that superior varieties such as DxP Topaz, DxP PTPN V, and Lonsum DxP have been instrumental in boosting productivity, reducing the need for land expansion, enhancing oil yield per hectare, and improving overall resource efficiency. Moreover, legal protection through PVP not only secures exclusive rights for breeders but also incentivizes further agricultural innovation and prevents the unauthorized use and duplication of valuable genetic resources. In light of international regulatory pressures, strengthening the national PVP system, promoting the registration of local superior varieties, and integrating legal instruments with research and development are essential. These efforts can safeguard Indonesia’s genetic sovereignty and support sustainable practices in compliance with international environmental standards. Ultimately, aligning agricultural innovation with a robust legal framework is key to maintaining the industry’s market access, environmental credibility, and long-term sustainability.

Dita Nur Haerunisa; Ruli Purwanto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research is motivated by the rampant circulation of repackaged products that have not been fully supervised. Therefore, it is necessary to analyze the legal protection provided to consumers and the effectiveness of the role of the Food and Drug Supervisory Agency (BPOM) in conducting supervision. The purpose of this study is to determine the legal protection provided to consumers of packaged food products and to determine the extent to which BPOM carries out its role as a supervisory agency in ensuring the safety of these products. This research uses a normative legal approach with a qualitative approach, through literature study and interviews as a complement. The results show that business actors are required to re-register repackaged products in accordance with food safety regulations. This is a preventive measure to ensure that products in circulation are safe for consumption and provide effective legal protection for consumers. The findings also indicate that BPOM supervision still needs strengthening, both in terms of regulations, resources, and community outreach.  

Andika Haring Putera; Dedi Dedi; Denni Nanda Eka Saputra; Delly Rianto; Joanita Jalianery +1 more

Nusantara Mengabdi Kepada Negeri 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bullying in school environments is a serious issue that negatively affects children’s physical, psychological, and social development. As individuals in a growth phase, children have the right to receive adequate legal protection. This study aims to raise students' awareness of the dangers of bullying and to provide an understanding of the available legal protection for victims. The activities were conducted through direct outreach in seven elementary and junior high schools in Palangka Raya using educational videos, banners, and pocket books. The results showed high enthusiasm from students and improved understanding of types of bullying, its impact, and the legal protections available. Collaboration between educational institutions, the government, and society proved effective in creating a safe and child-friendly school environment.

Muhammad Iqbal Fauzan

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has an impact on the development of financial services with the presence of Peer-to-Peer (P2P) Lending Financial Technology. The presence of P2P Lending has created its own legal complexities in relation to the legal relationship between lender and borrower and risk mitigation efforts, especially the risk of default without specific collateral. This research aims to analysis the legal relationship between Lender and Borrower and the legal protection for Lender in the event of default risks in the implementation of P2P Lending in Indonesia using a normative legal approach. The results of the research indicate that the legal relationship between lender and borrower is a general loan agreement involving a P2P lending platform as an intermediary between lender and borrower. POJK No. 10/POJK.05/2022 plays an important role as a regulation that ensures risk mitigation in the implementation of P2P lending, including the obligation of operators to transfer funding risks to third parties, which has been implemented by PT Amartha Mikro Fintek in collaboration with PT Jaminan Kredit Indonesia (Persero) to provide guarantee facilities for P2P Lending services to ensure legal protection for Lenders.

Saniah Saniah

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examines the legal protection available to communities affected by land acquisition for public interest development in Indonesia. Although governed primarily by Law No. 2 of 2012 and updated through Law No. 6 of 2023, many legal ambiguities remain, especially regarding the fairness of compensation and the recognition of informal or uncertified land rights. The objective of this study is to critically evaluate the adequacy of these legal frameworks and identify gaps that undermine justice for affected populations. Employing a normative-juridical method, the research conducts doctrinal analysis, comparative law review (with cases from Malaysia and India), and stakeholder consultation to assess both the text and implementation of relevant laws. The study finds that key legal concepts such as “fair and appropriate compensation” remain undefined in statute, leading to inconsistent application across regions. Furthermore, compensation mechanisms such as share ownership and resettlement are inadequately regulated and poorly implemented. The findings emphasize the disparity between normative intent and administrative reality, particularly for holders of uncertified land. By integrating stakeholder feedback with normative evaluation, the research proposes actionable reforms to strengthen legal protection and uphold constitutional guarantees under Article 28H. In conclusion, while Indonesia has made progress in establishing a framework for public interest land acquisition, significant doctrinal and institutional reforms are required to ensure equitable outcomes for all landholders.

Ni Kadek Bella Kurnia Agustini; Johannes Ibrahim Kosasih; I Nyoman Sujana

International Journal of Sociology and Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The implementation of the Job Creation Law has brought significant changes to the regulation of foreign investment in Indonesia, particularly through the establishment of a minimum capital requirement for a Foreign Investment Limited Liability Company (PT PMA) of IDR 10 billion. This study aims to examine the formal minimum capital requirements for PT PMA in notarial deeds under the Job Creation Law using normative juridical methods with statutory, conceptual, and case study approaches, and referring to the theory of legal certainty, responsibility, and legal protection. The analysis includes the evolution of PT minimum capital regulations, capital classification within the company's legal structure, the phenomenon of fictitious PT PMAs such as the PT BKG case, and the status and limitations of notary responsibilities. The results of the study indicate that although the minimum capital requirement for PT PMAs has been explicitly stipulated in Government Regulation No. 5 of 2021 and Regulation of the Head of the Investment Coordinating Board (BKPM) No. 4 of 2021, there are legal loopholes in the form of unclear capital deposit periods, weak verification and oversight mechanisms, and the prevalence of nominee practices and fictitious PT PMAs that reduce the effectiveness of the policy. The notary's position as a public official plays a strategic role in drafting deeds of establishment, verifying documents, and providing legal counseling, but has limited authority in verifying material truth. The study concluded that regulatory improvements are needed through establishing clear capital deposit periods, strengthening verification and oversight mechanisms, and harmonizing regulations between institutions to ensure the effective implementation of minimum capital requirements for foreign-owned companies (PT PMA) in accordance with the principle of economic sovereignty.

Abikul Halik; Djoni Sumardi Gozali

Jurnal Riset Rumpun Ilmu Bahasa 2025 Pusat riset dan Inovasi Nasional

Auctions in Indonesia serve a dual function not only as a mechanism for buying and selling to obtain optimal prices, but also as a legal enforcement tool that reflects both the public and private aspects of the auction process. This study aims to analyze the legal standing of the auction minutes deed (akta risalah lelang) in providing legal certainty for auction winners, particularly concerning ownership of vehicles resulting from the execution of state-confiscated assets. This study employs a normative approach, which examines law as a set of norms applicable within society and functions as a guideline for individual behavior. In this context, the auction minutes deed is regarded as an authentic deed; however, its existence does not automatically serve as legitimate proof of ownership for the winning bidder. Nevertheless, the deed still ensures legal certainty by demonstrating the good faith of the buyer and can serve as the legal basis for transferring vehicle ownership documents, proof of the sales transaction, and valid legal evidence.

Hamdi Marzuki Irhas; Zulkifli Zulkifli; Sri Yunarti

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the perspectives of students from the Islamic Family Law (HKI) Study Program regarding Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Institutions. Particular focus is given to Article 5 paragraph 2, which contains the phrase “without the victim’s consent,” a clause that has sparked considerable public debate. This qualitative field research was conducted at the Faculty of Sharia, UIN Sjech M. Djamil Djambek Bukittinggi, involving 17 final-semester students selected using a snowball sampling technique. Data were collected through in-depth interviews and documentation, then analyzed using thematic analysis. The findings indicate that most students had limited understanding of the regulation due to the lack of socialization and outreach within the university. Moreover, the majority expressed concern over the phrase “without the victim’s consent,” which they viewed as ambiguous and potentially legitimizing consensual sexual relations outside of marriage—a practice prohibited in Islamic law. While the students supported the need for legal protection against sexual violence, they called for the revision of the regulation to align more closely with the principles of fiqh and Islamic jurisprudence. Thus, the effective implementation of this policy within Islamic higher education institutions requires the harmonization of state law and Islamic values.

Al Diva Zain Farras Saputra; Suraji Suraji

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the legal protection of workers' rights who are terminated due to economic recession and to analyze the use of economic recession as a valid reason for termination of employment. This is a normative legal research that uses a statutory approach and a conceptual approach. The research relies on primary legal materials such as the 1945 Constitution of the Republic of Indonesia, the Civil Code, Law Number 13 of 2003 concerning Manpower, and Law Number 11 of 2020 concerning Job Creation, as well as secondary legal materials including books, journals, and scholarly articles. The results of the research show that: 1) an economic recession can be considered a valid reason for termination of employment within a company, as it may fall under the category of force majeure, provided that the company still respects the employment agreement and principles of fairness; and 2) legal protection for workers who are laid off due to an economic recession is divided into two forms: internal legal protection (based on the contents of the employment agreement) and external legal protection (based on statutory provisions). In this regard, workers still have the right to receive severance pay, long service pay, and compensation for entitlements.

Nilam Candri Andini; Nooraini Dyah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the juridical aspects of online loans (pinjol) as an alternative method for Indonesian students to pay tuition fees (SPP and UKT), with a focus on the partnership between universities and fintech institutions like Danacita. Using normative legal methods and literature analysis, the study finds that while online lending platforms are legally regulated under POJK No. 77/POJK.01/2016, there are still gaps in legal protection for students as consumers. The lack of targeted consumer protection, transparency, and financial literacy raises serious risks of over-indebtedness and academic dropout. This paper calls for more stringent government oversight, improved regulatory enforcement by OJK, and the development of accessible, fair educational financing alternatives.

Siti Rohmah; Novita Alfa Ramadhan; Lucky Dafira Nugroho

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse is a complex and evolving legal problem in Indonesia. Law Number 35 of 2009 concerning Narcotics strictly regulates provisions for drug users, both in terms of criminal penalties and rehabilitation. In practice, drug users are often treated as criminals and sentenced to imprisonment, although normatively the law also provides opportunities for rehabilitation as a form of protection and recovery. This study aims to examine the legal provisions for drug users from a legal perspective, analyze the role of Legal Aid Institutions (LBH) in handling drug abuse cases, and identify obstacles faced in implementing such legal assistance. The methods used are normative legal and sociological legal approaches, with data collection techniques through literature and documentation. The results of the study indicate that drug users should have access to rehabilitation, not just punishment. LBH plays a crucial role in providing legal assistance and advocating for the implementation of restorative justice. However, several obstacles remain, such as limited resources, a lack of understanding among law enforcement officials, and public stigma. Joint efforts are needed between the government, LBH, and the community to realize fair legal protection for drug users.  

Handika Ramadhan; Muhammad Insa Ansari; Muhammad Adli

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the legal protection of the owner of the means of transportation in cases of unlawful acts (PMH) related to state deprivation, based on the Study of Decision Number 27/Pdt.G/2019/Pn.Tbk. The main focus of this study is to analyze the legal position of the owner of the transportation facilities who are not directly involved in the crime, but suffer losses due to acts of confiscation by the state. The research method used is empirical normative with a case study approach. The results of the study show that the court in the decision did not provide adequate protection for the civil rights of the owner of the means of transport, even though there was no evidence of direct involvement in the crime. This decision indicates the weak legal protection for third parties in good faith and the importance of strengthening the principle of due process of law in the process of confiscation by the state so as not to violate legitimate civil rights. This study recommends the need for a clearer regulation of the mechanism of objection and restoration of rights for parties aggrieved by acts of state deprivation.

Oktaviana Ayu Sekar A; Prastyanti, Rina Arum

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid expansion of fintech lending services, particularly cross-border peer-to-peer (P2P) lending, has created significant legal challenges concerning consumer protection. This study examines whether existing legal frameworks adequately safeguard consumer rights within the borderless digital lending environment. Utilizing a normative-juridical method combined with a comparative approach, the research analyzes Indonesia’s regulatory structure alongside selected international frameworks. The findings reveal substantial gaps in consumer protection, exacerbated by the proliferation of illegal online lending platforms, regulatory fragmentation across jurisdictions, and the misuse of personal data. National regulations often prove insufficient to address complex cross-border legal issues. This study underscores the urgency of global regulatory harmonization, enhanced national oversight mechanisms, and improved digital literacy among consumers. It concludes with recommendations for regulatory reform, the establishment of international supervisory cooperation, and the strengthening of institutional roles, particularly by financial and communication authorities, to ensure robust consumer protection in the evolving fintech lending ecosystem.

Mutiara Hikmah; Nooraini Dyah Rahmawati

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The increasing trend in skincare usage, particularly whitening products, has led many business actors to market their products extensively without regard for legal compliance. One notable issue is the circulation of blue-label skincare products, which should only be provided with a doctor's prescription. The research employs a normative juridical method with a qualitative approach, utilizing interviews and literature study. The findings reveal that legal protection for consumers in the use of blue-label skincare products remains suboptimal. These products often contain active ingredients such as corticosteroids or antibiotics, which should only be used under a doctor's prescription and supervision. However, in practice, many business actors continue to sell them freely via online marketplaces and social media platforms. This not only violates BPOM regulations and health laws but also poses a direct threat to consumer safety. Furthermore, business accountability is still lacking, as evidenced by the insufficient transparency regarding product content, usage instructions, and distribution permits.