Friday, January 14, 2011

Quo Vadis Consumer Protection in Indonesia

The most prominent issues in the implementation of globalization is the free market system that is currently sweeping the world speeding by all the consequences. Turnover of goods and services across borders has many benefits for consumers where the consumer has the freedom to choose goods and services offered, but on the other hand the negative impacts, ie the consumer will be the target / object of the business activities of the businessmen to take advantage of the maximum .

A new development in today's society, especially in developed countries is increasing attention to consumer protection issues, in line with the increased protection of the rights of human rights. Monopolistic practices and lack of consumer protection has been put "position" consumers in the lowest level in dealing with business actors (in the sense that the widest).

Therefore the consumer is seen as more weak laws deserve greater protection in the appeal periods ago. In connection with it in various countries, especially in developed countries and the international world has made legal reforms related to producer responsibility (product liability), particularly in order facilitate providing compensation for consumers who suffer losses due to products distributed in the community .

In particular the definition of product liability is a legal responsibility of the person or legal entity that produces a product, and / or parties who sell these products and / or parties who distribute these products, as well as those involved here in the commercial series of preparation or distribution of a product, and also includes entrepreneurs workshop, warehouse, agents and employees of enterprises above.

That the efforts of consumer protection is more intended to enhance the dignity and consumer awareness and / or both are intended to encourage actors in the conduct of business in their business activities carried out with a full sense of responsibility.

The need for regulation of consumer protection is in order as follows: 1) Creating a consumer protection system which contains elements of access and information disclosure, and ensure legal certainty, 2) Protecting the interests of consumers in particular and the entire business interests in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrate the implementation, development and consumer protection arrangements in the areas of protection in other areas;

In the life of society is very much consumer rights consciously or unconsciously, often overlooked or violated by the business, whether it occurs banking sector / financial institutions, telecommunications and transportation services, at the pump / gas station, and in the supply of goods and services in general through advertising practices that are misleading, in which often happens: 1) Ad bait (Bait and Switch adv) which is now being conducted by the business by distributing invitations to take kecalon consumers a free gift then persuaded consumers to buy goods with a spectacular discount when price and quality of goods are being manipulated; 2). Misleading ads (mock-up-adv), where the content of this ad or efficacy of the product state is described by lead towards excessive and misleading, as occurs in many medicinal products are advertised, generally only show / exploit the things that are excellence and success products without informing adverse effects and side effects that can harm consumers.

And it is common knowledge that felt disadvantaged consumers are reluctant to do something for the losses it suffered because of distrust of the "Institute of Court", even in the Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulate the actions provided the advertising business by producing ads that can: a) to deceive consumers about the quality, quantity, ingredients, uses, and prices of goods and / or tariff services and timeliness of receipt of goods and / or services; b) deceive guarantee / warranty for goods and / or services; c). Contains false information, wrong or inappropriate about the goods and / or services; d). It contains information about the risk of the use of goods and / or services; e). Exploit the incident and / or a person without the consent or approval of authorities concerned; and f). Violate ethics and / or the provisions of legislation on advertising. But in reality the consumer society that has not affected many know / not how to use their rights.

In the Consumer Protection Act there are three institutions that play a role and responsibility in the implementation of consumer protection, namely: 1). Ministers and / or relevant technical minister whose duties and responsibilities include the fields of trade; 2). National Consumer Protection Board, and 3). NGOs namely Consumer Protection Agency-Governmental Organization. At points 1 and 2 represent the government and the NGOs in point 3 represents the interests of the community. For dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board is composed of elements of the government, consumers, and business actors.

Of course the purpose of the law to provide consumer protection Indonesia is one thing that can not be avoided, in line with our national development objectives, namely development of the whole Indonesian people.

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