Quo Vadis Consumer Protection
The most prominent issues in globalization is the application of free market system that is currently sweeping the world go fast with all its consequences. Entry and exit of goods and services across national borders has benefits for consumers where the consumer has the freedom to choose goods and services offered, but a negative impact on the other hand, the consumer will be the target / object of the business activities of business actors to benefit as much as possible .
A new development in today's society, especially in developed countries is growing attention to issues of consumer protection, in line with the increased protection of human rights. Monopolistic practices and a lack of consumer protection has been put "position" of consumers in the lowest level in dealing with business people (in the broadest sense).
Therefore the consumer is seen as more weak law should receive greater protection in the appeal periods ago. In connection with it in various countries, particularly in developed countries and the international world has made legal reforms relating to the responsibility of the manufacturer (product liability), mainly in order to facilitate the provision of compensation for consumers who suffer losses due to product that was circulated in the community .
In particular the meaning of product liability is legally the responsibility of the person or legal entity that produces a product, and / or party that sells the product and / or parties who distribute these products, as well as those involved here in a series of preparatory or commercial deployment of a product, and also includes entrepreneurs workshop, warehousing, agents and employees of enterprises above.
That the efforts of consumer protection is further intended to enhance the dignity and awareness of consumers and / or at the same time intended to encourage entrepreneurs in conducting their business activities carried out with a full sense of responsibility.
The need for regulation on the protection of consumers conducted for the purpose as follows: 1) Creating a consumer protection system which contains elements of openness and access to information, and ensure legal certainty, 2) Protect the interests of consumers in particular and the interests of all businesses in general; 3) Improve the quality of goods and services; 4). Provide protection to consumers from deceptive business paraktik and misleading; and 5). Integrating the implementation, development and regulation of consumer protection to the areas of protection in other fields;
In the life of the community is very much the rights of consumers consciously or unconsciously often overlooked or violated by the perpetrators of the business, whether it occurs banking sector / in financial institutions, telecommunications and transportation services, at the pump / POM Gasoline, as well as in offering goods and services in general through the practices of misleading advertising, in which frequently occur: 1) Ad bait (Bait and Switch adv) which is now mostly done by the business by distributing invitations kecalon consumers to take gifts for free then enticed consumers to buy goods with a spectacular discount when price and quality of the goods have been manipulated; 2). Misleading ads (Mock-up-adv), where the content of this ad or the state of the efficacy of the product described by excessive and lead towards misleading, as occurs in many herbal products are advertised, generally only show / exploit the things that is the greatness and success products without informing adverse effects and side effects that can harm consumers.
And it is common knowledge of consumers who feel aggrieved are reluctant to do anything for losses suffered because of distrust of the "Institute for Court", even in Article 17 paragraph (1) BFL, the penalties are 5 (five) years imprisonment or a fine Rp.2 billion, which specifically regulates the act which provided the advertising business by producing ads that can: a) the trick consumers about the quality, quantity, material, usability, and price of goods and / or tariff services as well as the timeliness of receipt of goods and / or services; b) trick the guarantee / warranty for goods and / or services; c). Contain misinformation, false, or inaccurate about the goods and / or services; d). It contains information about risks the use of goods and / or services; e). Exploit the incident and / or without the permission of an authorized person or that person's consent; and f). Violating ethics and / or provisions of legislation on advertising. But in reality consumers are harmed many people who do not know / want to how to exercise his right.
In the Consumer Protection Act there are three institutions that play a role and responsibility in the organization of consumer protection, namely: 1). Minister and / or relevant technical minister whose scope of duties and responsibilities include the areas of trade, 2). National Consumer Protection Agency, and 3). NGO namely the Institute of Consumer Protection Organizations. At points 1 and 2 represent the government, while NGOs in point 3 represents the interests of society. Dispute settlement is possible without going through the Justice Institute through the Institute of Consumer Dispute Settlement Board composed of the elements of government, Consumer, and Business.
Of course, the purpose of the law of Indonesia to provide consumer protection is a matter that can not be avoided, in line with our national development objectives, namely the development of the whole Indonesian people.