Definition, Objectives and Principles of Consumer Protection

Consumer Protection is the whole of the principles and legal rules governing the relationships and problems between various parties with each other relating to consumer goods and / or services in the life of a friend (Shidarta, 2000: 9).

Meanwhile, according to Sidobalok (2014: 39), consumer protection law is the overall regulations and laws governing the rights and obligations of consumers and producers arising in their efforts to meet their needs and regulate efforts to ensure the realization of legal protection against consumer interests.

Consumer protection is regulated in Law Number 8 of 1999 (UUPK 8/1999) concerning Consumer Protection, stating that consumer protection is all efforts that guarantee legal certainty to provide protection to consumers. Consumer protection law regulates the rights and obligations of consumers, the rights and obligations of producers / business actors, as well as ways to defend those rights and carry out these obligations (Sidobalok, 2014: 37).

Pioneering the existence of consumer protection law in Indonesia is the Indonesian Consumers Foundation (YLKI) which was established on May 11, 1973. YLKI together with the National Legal Development Agency (BPHN) formed the Consumer Protection Law Draft in 1990. The consumer protection law draft was also supported by Ministry of Trade at the urging of international financial institutions (IMF / International Monetary Fund) so that the birth of Law Number 8 of 1999 concerning Consumer Protection came into force on April 20, 2000 (Nasution, 1995: 72).

Purpose and Principles of Consumer Protection

Consumer protection aims to provide legal certainty and balance between producers and consumers so as to create a healthy and dynamic economy that results in prosperity and prosperity for the people.

The purpose of consumer protection is regulated in Article 3 of UUPK 8/1999, which is as follows:

  1. Increasing consumer awareness, ability, and independence to protect themselves.
  2. Raise the dignity of consumers by avoiding negative excess of usage and / or services.
  3. Increasing the empowerment of consumers in choosing, determining and claiming their rights as consumers.
  4. Creating a consumer protection system that contains elements of legal certainty and information disclosure and access to information.

The desire to be achieved in consumer protection is to create a sense of security for consumers in meeting the needs of life. In enforcing protection laws, it is necessary to enforce the principles that serve as the basis for legal placement.

The principle of consumer protection is regulated in Article 2 of UUPK 8/1999, which is as follows:

a. Principle of Benefits

All efforts undertaken in the implementation of consumer protection must provide maximum benefits for consumers and business as a whole. In other words, it should not be just one of the parties that benefits, while the other party gets a loss.

ALSO READ

  • Definition, Form, Characteristics and Crime of Cyberbullying
  • Definition, Element and Principle of Extradition Law
  • Definition, Types and Sources of Arbitration Law
  • Definition, Principles and Types of Agreement
  • Definition, Types, Subjects and Methods of Reporting Gratuities

b. Principle of Justice

In this case, consumer disputes are not always caused by the mistakes of business actors, but can also be caused by consumer errors that sometimes do not know their obligations. Consumers and producers / business actors can act fairly through the acquisition of rights and obligations in a balanced manner.

c. Principle of Balance

This principle of balance is intended to provide a balance between the rights and obligations of business people and consumers. Want consumers, producers / business actors and the government to get a balanced benefit from the regulation and enforcement of consumer protection.

d. Principle of Security and Safety

This principle aims to provide a legal guarantee that consumers will benefit from the products consumed / used, and vice versa that the products will not threaten the peace and safety of their lives and property.

e. Principle of Legal Certainty

This principle aims to provide legal certainty so that businesses and consumers obey the law and carry out their rights and obligations. Without having to charge responsibility to either party, the state guarantees legal certainty.

Consumer Rights and Obligations

The term consumer protection is related to legal protection. With the desire to provide protection for the interests of consumers, the interests are formulated in the form of rights. In general there are four basic rights that are internationally recognized consumers, namely: The right to safety ( the right to safety ), the right to get information ( the right to be informed ), the right to choose ( the right to choose ), the right to be heard ( the right to be heard ) (Shidarta, 2000: 16).

Consumer rights are regulated in article 4 UUPK 8/1999, which is as follows:

  1. The right to comfort and safety in consuming goods and or services.
  2. The right to choose goods and services and to obtain goods and or services with the exchange rate and conditions and guarantees promised.
  3. The right to true, clear and honest information about the conditions of guarantee of goods and or services.
  4. The right to hear opinions and complaints about goods and or services used.
  5. The right to obtain protection advocacy and efforts to resolve consumer protection disputes appropriately.
  6. The right to consumer education and guidance.
  7. The right to be treated or served properly and honestly and not discriminatory.
  8. The right to obtain compensation or compensation, if the goods and services received do not comply with the agreement or are not as they should be.
  9. Rights are regulated in the provisions of other laws and regulations.

While consumer obligations are regulated in Article 5 of UUPK 8/1999, which is as follows:

  1. Read or follow information instructions and procedures for the use or use of goods and or services for security and safety.
  2. Good faith in making purchases of goods and services.
  3. Pay according to the agreed exchange rate.
  4. Following efforts to properly resolve consumer protection disputes.

Rights and Obligations of Business Actors

According to Article 1 numbers 4 and 5 of UUPK 8/1999, Business Actors are every individual or business entity, whether in the form of a legal entity or not a legal entity established and domiciled or carrying out activities within the jurisdiction of the Republic of Indonesia, both individually and jointly- the same through agreements organizing business activities in various fields of economics.

Business is one component that is also responsible for consumer protection. So in various laws and regulations a number of rights and obligations and things that are the responsibility of the business actor are imposed.

The rights of business actors are regulated in Article 6 of UUPK 8/1999, which is as follows:

  1. The right to receive payments in accordance with the agreement regarding the conditions and exchange rates of the goods and / or services traded.
  2. The right to obtain legal protection from consumer actions in bad faith.
  3. The right to self-defense is appropriate in the resolution of consumer dispute law.

While the obligations of business actors are regulated in Article 7 of UUPK 8/1999, which is as follows:

  1. Having good faith in carrying out its business activities.
  2. Treat or serve consumers properly and honestly and not discriminatory.
  3. Guarantee the quality of goods and / or services produced or traded based on the provisions of the applicable quality standards of goods and / or services.
  4. Provide compensation, compensation, if the goods and / services received or utilized by consumers are not in accordance with the agreement.

Leave a Comment