Product Responsibility Lawsuit and Act No.8 of 1999 Concerning Consumer Protection

Abstract

The principle of product responsibility is a legal instrument that is intended to provide assurance of the guarantee of consumer rights, especially for the right to safety, health, and the right to compensation. This regulation is indispensable due to regulation of production control (quality control techniques) and trade in goods, is currently felt to be inadequate to prevent or avoid and protect consumers who suffer losses, both losses in the form of defects or damage to the consumer's personal injury to the loss of life, property damages, and damage related to the product itself (pure economic loss), considering the importance of product responsibility principles, especially for consumers, the problem in this paper is whether Consumer Protection Laws can be used in a lawsuit responsibility of consumer products for business actors. Finding facts to these problems, normative legal research methods are used. Thus, the conclusion of the Consumer Protection Laws is purely unenforceable for claims of consumer product responsibility to business actors.

Protection of Consumer Position in Relation with Business Actors from an Absolute Responsibility Perspective

“…In addition to production restrictions, there is a need for product liability law, a kind of legal control that provides recompense for consuming and using a product. Regarding product responsibility, it is clear that the state plays a vital role in safeguarding customers, who, as citizens (society) in a vulnerable position when interacting with businesspeople, are vital in this period of globalization and free markets (Bachri & Kurniawan, 2019).…”

“…(RI, 2009) In addition to safeguarding customers, UUPK serves as an opportunity for corporate actors to conduct themselves in an honest and responsible manner. The responsibilities of business actors are considered as consumer rights, and vice versa, the responsibilities of customers are regarded as business actor rights as well (Bachri & Kurniawan, 2019). Not often do transactions between consumers and business actors go easily or even well.…”