A Critical Examination of the Principle of Proportionality in Indonesian Food and Drug Authority Regulation Number 25 of 2025: Cosmetic Ingredient Bans and Transition Periods

Abstract

Introduction: Indonesia’s cosmetic industry has grown rapidly, with a projected market value of USD 9.74 billion in 2025, largely driven by Small and Medium Enterprises (SMEs). In response to this expansion, the Indonesian National Agency of Drug and Food Control enacted Food and Drug Authority Regulation Number 25 of 2025, replacing previous regulations and introducing stricter technical requirements for cosmetic ingredients.

Purposes of the Research: This study aims to critically examine whether key provisions in Food and Drug Authority Regulation Number 25 of 2025 comply with the principle of proportionality, particularly concerning the prohibition of cosmetic ingredients and the determination of a uniform 12-month transition period for regulatory compliance across different categories of industry actors.

Methods of the Research: This research employs a normative juridical method with statutory, conceptual, and comparative approaches. The analysis focuses on evaluating the regulation against the principle of proportionality by comparing it with international frameworks, including the ASEAN Cosmetic Directive (ACD) and European Union Regulation (EC) Number 1223/2009.

Findings of the Research: The study develops a proportionality-based framework for assessing the suitability, necessity, and balancing of regulatory measures. It identifies legal and analytical issues concerning the justification of ingredient prohibitions, the treatment of technically unavoidable traces, and the adequacy of transitional arrangements. The study proposes clearer implementing guidance, evidence-based transition mechanisms, and regulatory support for SMEs compliance. Its contribution lies in integrating proportionality analysis with regulatory implementation concerns in Indonesia’s cosmetic sector.