SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 42, 1999 | (Explanation in Additional State Sheet of the Republic of Indonesia No. 3821) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 8 YEAR 1999
ABOUT
CONSUMER PROTECTION
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that national development aims to realize a fair and prosperous society that is evenly materiel and spiritually in an era of economic democracy based on Pancasila and the Basic Law of 1945;
., b. That the economic development of the national economy in the era of globalization should be able to support the growth of the business world so that it can produce a variety of goods and/or services that have a technological content that can improve the well-being of many people and also obtain certainty for the goods and/or services acquired from the trade without resulting in consumer losses;
., c. that the more open the national market as a result of the process of economic globalization must still ensure the improvement of the welfare of the people and the certainty of the quality, quantity, and security of goods and/or services acquired by the market;
., d. that to increase awareness, knowledge, awareness, ability and self-reliance of consumers to protect itself and grow the attitude of responsible business perpetrators;
., e. that the legal provisions that protect the interests of the consumer in Indonesia are not yet adequate;
., f. that under such consideration it is necessary to realize the balance of protection of consumer interests and the perpetrator of the business so that a healthy economy is created;
., g. that for it needs to be established Act on Consumer Protection;
.,, Given: Section 5 Verse (1), Article 21 Verse (1), Article 27, and Article 33 of the Basic Law of 1945;
With the approval
REPRESENTATIVE COUNCIL OF THE PEOPLE OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON CONSUMER PROTECTION.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. Consumer protection is any attempt to guarantee a legal certainty to provide protection to consumers.
., 2. Consumers are each user of goods and/or services that are available in society, both for self-interest, family, other people, or other living beings and not to be traded.
., 3. An attempted person is an individual person or entity, whether a legal entity or not a legal entity that is established and located or performing activities within the country's legal territory of the Republic of Indonesia, both alone and in the United States. together through an agreement to organize business activities in a wide range of economic fields.
., 4. Goods are either tangible or intangible, either moving or unmoving, or unspent, which may be traded, used, used, or used by the consumer.
. .5. A service is any job-shaped service or achievement that is provided for the public to be utilized by consumers.
., 6. A promotion is an introduction or dissemination of information on goods and/or services to attract consumer interest in the goods and/or services that will be and are being traded.
7. Import goods is an activity of inserting goods into the customs area.
., 8. The import of services is the activities of providing foreign services for use within the territory of the Republic of Indonesia.
., 9. The Swadaya Community Consumer Protection Agency is a non-governmental institution registered and recognized by the Government that has activities handling consumer protection.
., 10. Default clauses are any rules or conditions and terms that have been prepared and established unilaterally by the person who is poured in a document and/or a binding agreement and is required to be fulfilled by the Customer. Consumers.
., 11. The Consumer Disputed Settlement Body is the governing body responsible for dealing with and resolving disputes between business offenders and consumers.
., 12. The National Consumer Protection Agency is a body formed to aid in the efforts of developing consumer protection.
., 13. The Minister is the minister whose scope of duty and responsibility covers the field of commerce.
BAB II
ASAS AND THE PURPOSE
Section 2
Consumer protection ascerates benefits, justice, balance, security and consumer safety, as well as legal certainty.
Section 3
Consumer protection aims:
., a., a. increasing awareness, ability and consumer independence to protect themselves;
., b. raise the harkat and the dignity of consumers by discharging it from the negative excesses of the use of goods and/or services;
.,, c. increases consumer empowerment in choosing, determining, and prosecuting its rights as consumers;
., d. create a consumer protection system that contains elements of legal certainty and the openness of information as well as access to obtaining information;
., e. Foster awareness of the importance of consumer protection so as to grow an honest and responsible manner in trying to;
., f. enhance the quality of goods and/or services that guarantee the survival of the production of goods and/or services, health, comfort, security, and consumer safety.
BAB III
RIGHTS AND OBLIGATIONS
The First Part
Consumer Rights and Obligability
Section 4
Consumer rights are:
., a., a. the rights of comfort, security, and safety in consuming goods and/or services;
., b. the right to choose goods and/or services and obtain such goods and/or services in accordance with the exchange rate and conditions as well as the promised assurance;
.,, c. the rights to the correct, clear, and honest information regarding the condition and warranty of goods and/or services;
., d. the right to be heard of opinion and his complaint over the goods and/or services used;
., e. the right to obtain an appropriate consumer protection, protection, and resolution of a reasonable consumer protection dispute;
f. the right to get coaching and consumer education;
., g. the right to be treated or properly served and honest as well as not discriminatory;
., h. the right to obtain compensation, damages and/or replacement, if the goods and/or services received are not in accordance with the agreement or not as it should be;
i. Rights are set out in the provisions of other laws.
Section 5
Consumer obligation is:
., a., a. read or follow the directions of information and procedures of use or utilization of goods and/or services, for the sake of safety and safety;
B. Good faith in conducting purchase of goods and/or services;
., 1. Law Number 10 of the Year 1961 on the Enaconing Of The Government Ordinance Replacement Statute 1 Year 1961 on Goods, into Undang-undances;
2. The Number 2 Act of 1966 on Hygiene;
., 3. Law No. 5 Year 1974 on the Poes of Government in the Regions;
4. Act No. 2 of the Year 1981 on Legal Metrology;
5. Law Number 3 Year 1982 on Wajib The Company List;
6. The Code No. 5 of 1984 on Industry;
7. Act No. 15 of 1985 on the Fame;
8. 1987 Act Number 1 of the Chamber of Commerce and Industry;
9. Law Number 23 of 1992 on Health;
., 10. Law No. 7 of 1994 on the Agreement of Establishing The World Trade Organization (The Agreement for the Establishment of the World Trade Organization);
11. Law No. 1 of 1995 on Limited Perseroan;
12. Law Number 9 of 1995 about Small Business;
13. Law Number 7 of 1996 on Food;
., 14. Law Number 12 of 1997 on Changes to the Copyright Act as amended by Act No. 7 of 1987;
., 15. Law No. 13 of 1997 on Changes to the Law Number 6 of 1989 on Patent;
., 16. Law Number 14 of 1997 on Changes to the Law Number 19 of 1989 concerning the Brand;
17. Law Number 23 of 1997 on Environmental Management;
18. Law Number 24 of 1997 on Broadcasting;
19. Law No. 25 of 1997 on Employment;
., 20. The Law Number 10 Of 1998 On The Changes To The Law Number 7 Of 1992 On Banking.
.,, the consumer protection in the event of an attempted violation of intellectual property (HAKI) is not regulated in the Act on the Protection of this Consumer as it is already set in Law Number 12 of 1997 on Copyright, Law No. 13 of 1997 on Patent, and Law No. 14 of 1997 on the Brand, which prohibits producing or trading goods and/or services that violate the provisions of HAKI.
., as well as consumer protection in the field of living environment is not set in this Act on Consumer Protection as it has been set up in Law Number 23 of 1997 on Environmental Management of the obligations Everyone in order to preserve the functioning of the environment, and to prevent and mitigate the pollution and destruction of the environment.
., later in the day, it is still open to the possibility of a new law that basically contains provisions that protect consumers. As such, the Act on Consumer Protection is an umbrella that integrates and strengthates law enforcement in the field of consumer protection.
II. SECTION BY SECTION
Section 1
.,, Figure 1
.,, pretty clear
Number 2
., in an economic library known as the end consumer term and the consumer between. The end consumer is the end user or guide of a product, whereas the intermediate consumer is a consumer using a product as part of the production process of another product. The consumer sense in this Act is the end consumer.
Figure 3
.,, the perpetrators included in this sense are corporations, corporations, BUMN, cooperatives, importers, merchants, distributors and others.
Figure 4
.,, pretty clear
Number 5
.,, pretty clear
Figure 6
.,, pretty clear
Figure 7
.,, pretty clear
Figure 8
.,, pretty clear
Figure 9
.,, the Institute was set up to increase community participation in consumer protection efforts as well as show that consumer protection becomes a joint responsibility between the government and the public.
Figure 10
.,, pretty clear
Figure 11
.,, the Agency is set up to deal with the resolution of an efficient, fast, cheap and professional consumer dispute.
Number 12
.,, pretty clear
Number 13
.,, pretty clear
Section 2
.,, consumer protection is held as a joint effort based on the 5 (five) relevant asas in national development, namely:
., 1. Asas benefits are intended to mandate that any effort in hosting consumer protection should provide a greater benefit to the interests of the consumer and the overall perpetrator.
., 2. The principle of justice is intended for the participation of all people to be fully realized and to give consumers the opportunity to obtain their rights and to carry out their obligations in a fair way.
., 3. Asas balance is intended to provide a balance between the interests of the consumer, the perpetrator, and the government in a materiel or spiritual sense.
., 4. Consumer safety and safety principles are intended to provide a guarantee of safety and safety to consumers in the use, use and utilization of goods and/or services consumed or used.
. .5. The principle of legal certainty is intended to allow both the public and the consumer to obey the law and to obtain justice for the protection of consumers, and the state guarantees legal certainty.
Section 3
.,, pretty clear.
Section 4
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
.,, the right to be treated or properly served and honest as well as not discriminatory based on tribal, religious, cultural, area, education, rich, poor and other social status.
Letter h
.,, pretty clear
Letter i
.,, pretty clear
Section 5
.,, pretty clear.
Section 6
.,, pretty clear.
Article 7
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
., the attempted perpetrator is prohibited from exposing consumers in providing services.
The perpetrators were forbidden to discriminate in the quality of service to consumers.
Letter d
.,, pretty clear
Letter e
.,, which is referred to certain goods and/or services is goods that can be tested or tried without resulting in damage or loss.
Letter f
.,, pretty clear
The letter g
.,, pretty clear
Article 8
.,, Verse (1)
.,, the letter a
.,, pretty clear
Letter b
.,, pretty clear
Letter c
.,, pretty clear
Letter d
.,, pretty clear
Letter e
.,, pretty clear
Letter f
.,, pretty clear
The letter g
.,, the best term use/guide is a translation of the word best before commonly used in the food product label.
Letter h
.,, pretty clear
Letter i
.,, pretty clear
The letter j
.,, pretty clear
Verse (2)
.,, the items in question are items that do not harm consumers and in accordance with the laws that provide protection against consumers is in order to build humans Indonesia is fully based on the philosophy of the Republic of Indonesia statehood Pancasila state and the constitution of the Constitution of the Constitution of 1945.
., in addition, the Act on Consumer Protection is essentially not the beginning and end of the laws governing the protection of consumers, because until the establishment of the Act on the Protection of Consumer Act has been present some laws whose material protects the interests of consumers, such as:
applicable laws.
Verse (3)
., the intended pharmaceutical and food supplies are the ones that endanger consumers according to the laws of the prevailing laws.
Verse (4)
.,, the Minister and the technical minister are authorized to withdraw the goods and/or services of the circulation.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, these Terms are intended to apply the reverse proof load system.
.,, pretty clear.
.,, pretty clear.
.,, Pretty Clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, pretty clear.
.,, which is referred to by the decision of the Chairman of the National Consumer Protection Agency is a decision set on the basis of the member ' s deliberations.
.,, pretty clear.
.,, pretty clear.
