How Consumers in Indonesia Are Protected Fairly?

Abstract

The progress of the times accompanied by increasingly sophisticated technology, opens new opportunities in the national economic development sector. New opportunities, namely business opportunities, are expected to encourage the macroeconomic sector to become more advanced so as to be able to improve the level of welfare of the people of Indonesia, with an increase in business opportunities in the modern world, so goods and services as the main commodity will certainly develop as well. However, goods and services as an element in these economic transactions open up opportunities for the emergence of possible losses suffered by consumers as part of fraud, negligence, or intentional business actors. This condition raises an understanding of the need for protection of consumers as parties who are often harmed by the actions of these 'naughty' business actors. In fact, an institution has been formed which aims to bring consumers to defend their rights as consumers, namely the Indonesian Consumers Foundation, but consumers are still reluctant to go through the judiciary for themselves so that they are more resigned to what they experience.

Consumer Rights Protection Against Price Gouging During the Covid-19 Pandemic in Indonesia

“…Before consumer protection was known and developed explicitly, consumer understanding tended to be identical to the people's interpretation of developments in the industry, trade, health, and security. The above mentioned are the basis for the regulations on Consumer Protection (Law Number 8 of 1999; State Gazette of 1999 Number 42) (Wibowo, 2020).…”

“…Through this, there is a deregulation of the doctrine of illegal acts (Article 1365 of the Civil Code), stating that every action that violates the law and harms others demands that those who accidentally lose to be compensated for the loss. The illegal act referred to in Article 1365 of the Civil Code must fulfill the following elements: a) there is an action against the law; b) there is an element of error; c) there are losses; d) there are causes and effects which indicate that the loss is caused by someone's fault (Wibowo, 2020).…”