Act No. 8 Of 1999

Original Language Title: Undang-Undang Nomor 8 Tahun 1999

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! kc consumers. Goods. The service. Trade. Promotion. ACT 8-1999 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 42, 1999 (explanation in an additional Sheet of the Republic of Indonesia Number 3821) legislation of the REPUBLIC of INDONESIA number 8 of 1999 on the PROTECTION of CONSUMERS by the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that the national development aims to realize a fair and prosperous society that is equitable materially and spiritually in an era of economic democracy based on Pancasila and the 1945 Constitution;
.,, b. that the development of the national economy in the era of globalization should be able to support the growth of the business world so was able to produce various goods and/or services that contain technology that can enhance the welfare of society and simultaneously get the assurance of goods and/or services obtained from trading without loss of consumers;
.,, c. that the opening of the national market as a result of the process of economic globalization should still ensure the enhancement of the welfare of the community as well as the assurance of top quality, the amount, and the security of goods and/or services that are acquired in the market;
.,, d. that to enhance the dignity and the dignity of consumers need to increase awareness, knowledge, caring, ability and independence of consumers to protect themselves as well as the menumbuhkembangkan attitude of the responsible trade;
.,, e. that law provisions that protect the interests of consumers in Indonesia are not yet adequate;
., f., that upon consideration of the above device required legislation to realize the balance of protection of the interests of consumers and businessmen so it created a healthy economy;
., g., that to it need to be formed laws on consumer protection;
.,, Remember: article 5 paragraph (1), section 21 subsection (1), article 26, and article 33 of the Constitution of 1945;
With the approval of the HOUSE of REPRESENTATIVES of the REPUBLIC of INDONESIA DECIDES: setting: the law on CONSUMER PROTECTION.

CHAPTER I GENERAL PROVISIONS article 1 In this law is the:.,, 1. Consumer protection is any effort that ensures the existence of legal certainty to provide protection to consumers.
., ,2. A consumer is any person the user of goods and/or services available in the community, both for the benefit of themselves, their families, or other people, other living things and not to be traded.
., ,3. Businessmen are any individual person or business entity, either in the form of a legal entity or not legal entities established and domiciled or conduct activities within the jurisdiction of the Republic of Indonesia, either alone or jointly through the agreement to convene the business activities in different areas of the economy.
., ,4. The stuff is any good things tangible as well as intangible, whether moving or not moving, can be spent or are unable to spent, which can be traded for, worn, used, or used by consumers.
., ,5. A service is any service that shaped the work or achievement that is provided for the community to be used by consumers.
., ,6. Promotion is an activity the introduction or information dissemination a goods and/or services to the consumer's buying interest against the goods and/or services that will be and are being traded. 7. Imports of goods are goods to enter activities in the area of customs.
., ,8. Imports of services is providing the service of foreign activities for use in the territory of the Republic of Indonesia.
., ,9. Consumer protection agencies Ngos non-government institutions are registered and recognized by the Government which has activities deal with consumer protection.
., .10. The raw clause is any rules or terms and conditions have been prepared in advance and set unilaterally by businessmen who poured in a document and/or a binding agreement and must be filled by the consumer.
.,, 11. Consumer dispute resolution body is the body in charge of handling and resolving disputes between businessmen and consumers.
., 12. The National Consumer Protection Agency is an agency which was formed to assist the efforts of the development of consumer protection.
., 13. The Minister is the Minister's scope of duties and responsibilities include the field of trade.
CHAPTER II the BASIS and PURPOSE of article 2 of the consumer protection based on merit, justice, balance, security and safety of the consumer, as well as legal certainty.

Consumer protection article 3 aims:.,, a. raise awareness, ability and independence of consumers to protect themselves;
.,, b. lift the dignity and the dignity of consumers in a way prevents it from the excesses of the negative usage of goods and/or services;
.,, c. increasing empowerment of consumers in selecting, specifying, and demanded his rights as a consumer;
.,, d. creating a consumer protection system contains an element of legal certainty and information disclosure and access to information;
.,, e. foster awareness of businessmen on the importance of consumer protection so that the growing attitude of honesty and responsibility in this endeavor;
., f., improve the quality of goods and/or services that guarantee the continuity of effort the production of goods and/or services, health, comfort, safety, and the safety of consumers.
CHAPTER III RIGHTS and OBLIGATIONS part one Consumer rights and obligations Article 4 rights of consumers are:.,, a. entitlement to comfort, security, and safety in consuming the goods and/or services;
.,, b. the right to choose the goods and/or services as well as get the goods and/or services in accordance with the exchange rate and conditions as well as the promised guarantees;
.,, c. entitlement to information, clear, and honest about the condition and guarantee of the goods and/or services;
.,, d. the right to be heard and opinions the complaint over the goods and/or services used;
.,, e. right to advocacy, protection and dispute resolution efforts are worthy of consumer protection; f. right to get coaching and education of consumers;.,, e.g. the right to be treated or serviced properly and honestly and not discriminatory;
.,, h. right to get compensation, damages and/or replacement if the goods and/or services received are in accordance with the agreement or not as it should be; i. the rights set forth in the provisions of other legislation.

Article 5 Obligations of the consumer is:.,, a. read or follow instructions information and procedures usage or utilization of goods and/or services, for the sake of security and safety; b. good intentioned to do transaction purchase of goods and/or services;

c. pay in accordance with the agreed exchange rate;, d.., following the efforts of the legal dispute settlement in consumer protection.
The second part of the rights and obligations of Trade article 6 rights of the perpetrator of the attempt are:.,, a. the right to receive payment in accordance with the agreement on the conditions and the exchange rate of the goods and/or services traded;
.,, b. the right to get legal protection from actions not good intentioned consumers;
., c. the right to self-defense should be doing in the judicial settlement of consumer disputes;
.,, d. right to rehabilitation of good name when legally proved that the loss was not caused by the consumers of the goods and/or services listed; e. the rights set forth in the provisions of other legislation.

Article 7 obligation of the perpetrator of the attempt are: a. good intentioned in his business activities;.,, b. provide information, clear and honest about the condition and guarantee of goods and/or services as well as shed some light usage, repair and maintenance;
.,, c. treats or serve consumers properly and honestly and not discriminatory;
.,, d. guarantee the quality of goods and/or services produced and/or traded based on the provisions of the quality standards of goods and/or services;
.,, e. provide an opportunity to consumers to test, and/or try the goods and/or service specific and give a guarantee and/or warranty of goods manufactured and/or traded;
., f., give compensation, damages and/or reimbursement for losses resulting from the use, consumption and utilization of goods and/or services traded;
., g., give compensation, damages and/or replacement if the goods and/or services is admitted or not utilized in accordance with the agreement.
CHAPTER IV ACTS that are PROHIBITED for BUSINESSMEN section 8.,, (1) businessmen are prohibited from producing and/or trade goods and/or services:.,,.,, does not meet or does not comply with the standards required and the provisions and regulations;
.,, b. incompatible with net weight or NET NET, the content, and the amount in the matter, as stated in the label or etiquette of that item;
.,, c. does not correspond to the size, measure and number of scales in a matter according to the actual size;
.,, d. does not comply with the conditions, warranties, privileges or efficacy as stated in the label, etiquette or description of goods and/or services;
.,, e. does not comply with the quality, depth, composition, processing, style, fashion, or a particular usage as stated in the label or description of goods and/or services;
.,, f. doesn't match the promise stated in the label, etiquette, information, advertising or promotion of the sale of goods and/or services;
., g., do not include the expiry date or period of use/utilization the most good over certain items;
.,, h. did not follow the conditions of production are Kosher, as the statement "halal" that are listed in the label;

.,, i do not attach a label or. Description of goods containing the name of the item, size, weight or net contents/NET, composition, rules of use, date of creation, due to the sideline, the name and address of the trade as well as other information for use according to the terms should be in pairs/created;
., j., does not list the information and/or instructions of use of the goods in the language of Indonesia according to the provisions of legislation in force.
.,, (2) trade banned trading in goods that are damaged, defective or used, and the tainted information without giving full and true upon the goods in question.
.,, (3) businessmen are prohibited from trading in pharmaceutical and food preparations that are damaged, defective or used and polluted, with or without providing the complete and correct information.
.,, (4) a trade violation on paragraph (1) and paragraph (2) are prohibited from trading in goods and/or services and obliged to withdraw it from circulation.
Article 9.,, (1) prohibited trade offers, promote, advertise it a goods and/or services incorrectly, and/or ostensibly:.,,.,, a. such goods have met and/or have discounts, special rates, specific quality standards, the style or fashion of a certain, specific characteristics, history or a certain guna; b. the item in good condition and/or new;.,, c. goods and/or services have been getting and/or have any sponsorship, approval, certain equipment, certain advantages, the characteristics of the work or the particular accessory;
.,, d. goods and/or services be made by companies that have sponsorship, approval or affiliation; e. goods and/or services are available;

f. the goods contain no hidden defects;

g. the goods is the completeness of certain goods;

h. the goods come from a particular region;

i. directly or indirectly denigrate the goods and/or services;., j., using words, such as a safe, harmless, it contains no side effects or risks without a complete description; k. offer something of promise that has not been confirmed.
.,, (2) the goods and/or services as referred to in paragraph (1) to be traded.
.,, (3) the perpetrator of the attempt offence against subsection (1) are prohibited from proceeding with deals, promotions, and advertising of goods and/or services.
Article 10 businessmen in offering goods and/or services intended to be traded are prohibited from offering, promote, advertise or make any statement that is untrue or misleading about: a. the price or rate a goods and/or services;

b. usefulness of merchandise and/or services;., c., conditions, agreements, warranties, rights or remedies of a goods and/or services; d. offer discounts or prize draw is offered;

e. the hazards of use of goods and/or services.

Article 11 businessmen in terms of sales made through a sale or auction, banned fool/mislead consumers with:.,, a. declare goods and/or services that seem to have certain quality standards;
.,, b. declare goods and/or services such as if does not contain hidden defects;
.,, c. does not intend to sell the goods on offer but rather with the intention to sell other goods;
.,, d. does not provide a specific number of items and/or sufficient amount with the intention to sell the goods to another;
.,, e. not providing services in specific capacity or in quantities sufficient for the purpose of selling the services of others; f. raise the price or the price of goods and/or services prior to sale.

Article 12 businessmen are prohibited from offering, promote or advertise a goods and/or services with special tariff or price in time and a certain amount, if the trade does not intend to carry it out in accordance with the time and the amount offered, promoted, or advertised.

Article 13.,, (1) prohibited trade offers, promotes, or advertise an item and/or services by way of promising gift-giving in the form of goods and/or services to another free of charge with the intention not to give it away or give not just as he promised.
.,, (2) prohibited trade offers, promote or advertise drug, traditional medicine, dietary supplements, health, and health services by way of promising gift-giving in the form of goods and/or services of others.
Article 14 businessmen in offering goods and/or services which are intended to be traded by giving prizes through raffle, forbidden to: a. do not withdraw the prizes after the deadline promised;

b. results are not announced through mass media;

c. give gifts not as promised;

d. replace the prizes were not equal to the value of the promised gifts.

Article 15 businessmen in offering goods and/or services prohibited conduct by means of coercion or any other means which may cause either physical or psychic disturbances against the consumer.

Article 16 businessmen in offering goods and/or services through the orders banned for:.,, a. is not bound to order and/or agreement resolution time as promised; b. does not keep a promise over a Ministry and/or achievement.

Article 17 (1) trade advertising prohibited producing ads that:.,,.,, a. trick consumers about the quality, quantity, price and usefulness of materials, goods and/or services as well as rate the timeliness of receipt of goods and/or services; b. warranty/warranty against defraud the goods and/or services;., c., contains information that is incorrect, wrong or inappropriate about the goods and/or services; d. does not contain information regarding the risk of discharging the goods and/or services;., e., exploiting the incident and/or person without the express permission or approval authorities concerned;
.,, f. violated ethics and/or provision of legislation on advertising.
.,, (2) trade advertising banned continuing circulation of the ads had violated a provision in paragraph (1).
Chapter V PROVISIONS the INCLUSION CLAUSE BAKU Article 18.,, (1) trade in goods and/or services aimed at making prohibited or traded lists the raw clause in every document and/or agreement if:.,, a. declaring a transfer of responsibility of businessmen;.,, b. stated that businessmen are entitled to reject delivery of consumer goods bought back;
.,, c. stated that trade reserves the right to refuse the surrender of back money paid upon goods and/or services purchased by consumers;
., d., stating the grant of power from consumers to business principals either directly or indirectly to do all unilateral action with regard to the goods purchased by consumers in installments;
.,, e. arrange of proof over the loss of the usefulness of the goods or the utilization of services purchased by consumers;
.,, f. entitles the perpetrators attempt to reduce services or benefits reduced consumer wealth who became the object of sale and purchase services;
.,, g. declared adherence to the regulations of the consumer in the form of new rules, additional, advanced and/or advanced conversion made unilaterally by the businessmen in their consumers utilize the services bought;
.,, h. stated that the consumer authorizes the perpetrator attempts to load a dependent rights, liens, or security against goods purchased by consumers in installments.
.,, (2) trade banned raw clause lists the layout or shape is difficult or not visible can be read clearly, or that such disclosure is difficult to understand.
.,, (3) any clause the standard has been established by businessmen on documents or agreements which meet the conditions referred to in subsection (1) and paragraph (2) be declared annulled by law.
.,, (4) trade compulsory adjusting raw clause is contrary to this Act.
CHAPTER VI LIABILITY article 19 TRADE.,, (1) businessmen responsible for providing compensation for damage, pollution, and/or consumer losses due to consume goods and/or services produced or traded.
.,, (2) the compensation referred to in subsection (1) may be either a refund or replacement goods and/or services that are similar or equivalent value, or health care and/or the granting of compensation in accordance with the provisions of the applicable legislation.
.,, (3) the granting of compensation implemented in the grace period 7 (seven) days after the date of the transaction.
.,, (4) Awarding damages as referred to in paragraph (1) and subsection (2) does not eliminate the possibility of criminal charges based on further proof about the existence of the element of fault.
.,, (5) the provisions as referred to in paragraph (1) and subsection (2) does not apply if the perpetrator's efforts could prove that the error was the fault of consumers.
Article 20 businessmen responsible for advertising ads produced and all the consequences caused by these ads.

Clause 21.,, (1) the importer of the goods is responsible as a maker of imported goods if the importation is not conducted by an agent or representative of the overseas manufacturers.
.,, (2) the importer responsible services as foreign service providers in providing services that are not performed by foreign agents or representatives of a foreign service provider.
Section 22 of proof against whether or not there is an element of fault in criminal cases referred to in article 19 paragraph (4), article 20 and article 21 is the burden and responsibility of businessmen without closing the possibility for prosecutors to do the proof.


Article 23 businessmen who refused and/or gives no response and/or do not meet consumer demands compensation for the referred to in article 19 paragraph (1), subsection (2), subsection (3), and subsection (4), can be sued through consumer dispute resolution body or submit to a judicial body in place of the position of the consumer.

Pasal 24.,, (1) businessmen who sold the goods and/or services to other businesses the perpetrator liable for claims for damages and/or consumer lawsuit if:.,,.,, a. perpetrators of other businesses selling to consumers without making any changes of goods and/or services;
.,, b. other businessmen, in buying and selling are not aware of any changes to the goods and/or services carried out by businessmen or not in accordance with the examples, the quality, and the composition.
.,, (2) trade as referred to in paragraph (1) is exempt from liability for claims for damages and/or lawsuits consumers when other businessmen who bought the goods and/or services to sell back to the consumer by doing changes to the goods and/or services.
Article 25.,, (1) businessmen who produce goods that use sustainable within the time limit at least 1 (one) year mandatory provides parts and/or on-site after-sales and warranty or guarantee meet mandatory compliance with the enforced by.
.,, (2) trade as referred to in paragraph (1) be liable for claims for damages and/or lawsuits consumers if the trade:.,,.,, a. does not provide or neglecting to provide replacement parts and/or repair facilities; b. do not meet or fail to meet a guarantee or warranty that is exchanged.
Article 26 businessmen that trade in services is obligated to fulfill the guarantee and/or warranty agreed and/or exchanged.

Article 27 businessmen who produce goods exempt from liability for losses suffered when the consumer:.,, a. the item is proven it should not be circulated or not intended for released; b. defects of goods arises at a later date;

c. defects arising due to conformity with these provisions on the qualification of the goods;

d. negligence caused by consumers;., e. by the prosecution period of 4 (four) years since the goods purchased or by enforced by time periods.
Article 28 Proof against whether or not there is an element of fault in tort compensation referred to in article 19, article 22, and of article 23 is the burden and responsibilities of businessmen.

CHAPTER VII CONSTRUCTION and SUPERVISION of the construction of the first part of article 29,, (1) the Government is responsible for the construction of organization of consumer protection which guarantees consumer rights acquired and businessmen as well as the performance of the obligations of consumers and businessmen.
.,, (2) the construction by the Government over the Organization of consumer protection as referred to in paragraph (1) was implemented by the Minister and/or Minister of technical related.
.,, (3) the Minister referred to in subsection (2) do the coordination over the Organization of consumer protection.
.,, (4) Fostering the Organization of consumer protection as referred to in paragraph (2) includes efforts to:.,,.,, a. creation of a business climate and growing healthy relationships between businessmen and consumers; b. the development of the Agency's consumer protection NGOs;., c., increasing the quality of human resources as well as increased research and development activities in the field of consumer protection.
.,, (5) the provisions on the construction organization of consumer protection is regulated with a government regulation.
The second part of article 30 Supervision.,, (1) oversight of consumer protection as well as organizing against the application of the provisions of regulation perundang-undangannya held by the Government, community, and consumer protection NGOs.
.,, (2) the supervision by the Administration referred to in subsection (1) is exercised by the Minister and/or related technical Ministers.
.,, (3) the supervision by the public and consumer protection NGOs made against goods and/or services that are circulating on the market.
.,, (4) when the results of the surveillance referred to in paragraph (3) it turns out that deviate from the prevailing legislation and harm consumers, the Minister and/or the Minister took action in accordance with the technical regulations in force.
.,, (5) the results of community surveillance conducted and consumer protection NGOs can be disseminated to the public and can be submitted to the Minister and the Minister.
.,, (6) the provisions of the implementation of the supervision referred to in subsection (1), subsection (2), and subsection (3) are defined by government regulations.
CHAPTER VIII the NATIONAL CONSUMER PROTECTION AGENCY the first name, Position, functions, and duties of article 31 in order to develop consumer protection efforts formed the National Consumer Protection Agency.

Article 32 National Consumer Protection Agency based in the capital city of the Republic of Indonesia and is responsible to the President.

Article 33 of the National Consumer Protection Agency has the function of providing advice and considerations to the Government in an effort to develop consumer protection in Indonesia.

Article 34.,, (1) to perform the functions referred to in Article 33, the National Consumer Protection Agency has a duty:.,,.,, a. gives advice and recommendations to the Government in the framework of the preparation of the wisdom in the field of consumer protection;
.,, b. conducting research and assessment against the applicable legislation in the field of consumer protection;
., c., do research on the goods and/or services relating to the safety of consumers; d. consumer protection agencies encouraged NGOs;., e., disseminate information through the media regarding consumer protection and promote the attitude of alignments to the consumer;
.,, f. receive complaints about consumer protection from society, consumer protection agencies, NGOs or trade; g. conduct a survey regarding the needs of the consumer.
.,, (2) in carrying out the tasks referred to in paragraph (1), the National Consumer Protection Agency may cooperate with international consumer organizations.
The second part of the membership of the Organization and arrangement of Chapter 35.,, (1) the National Consumer Protection Agency is composed of a Chairman and members, a Vice Chairman and members, as well as at least 15 (fifteen) and as many 25 (twenty five) members representing all elements.
.,, (2) a member of the National Consumer Protection Agency are appointed and dismissed by the President upon the proposal of the Minister, after having consulted the Board of representatives of the Republic of Indonesia.
.,, (3) the term of Office of the Chairman, Vice Chairman, and members of the National Consumer Protection Agency during 3 (three) years and may be reappointed for one term to the next.
.,, (4) the Chairman and Vice-Chairman of the National Consumer Protection Agency chosen by the members.
Article 36 Member National Consumer Protection Agency consist of elements: a. the Government;

b. trade;

c. consumer protection agencies NGOs;

d. academics; and f. experts.

Article 37 the requirement of national consumer protection Agency membership is: a. a citizen of the Republic of Indonesia;

b. the able-bodied;

c. being of good character;

d. never convicted of a crime;

e. have the knowledge and experience in the field of consumer protection; and f. aged at least 30 (thirty) years.

Article 38 of the National Consumer Protection Agency Membership stopped because: a. dies;

b. resigned at the request of its own;

c. resides outside the territory of the Republic of Indonesia;

d. pain continuously;

e. ending term of Office as a Member; or f. dismissed.

Article 39.,, (1) to smooth the implementation of the tasks of the National Consumer Protection Agency, assisted by the Secretariat.
.,, (2) the Secretariat as referred to in subsection (1) is headed by a Secretary appointed by the Chairman of the National Consumer Protection Agency.
.,, (3) function, tasks, and the work of the Secretariat as referred to in subsection (1) is set out in the decision of the Chairman of the National Consumer Protection Agency.
Article 40.,, (1) the consumer protection board is required When the national can form a representation in the regional capital of level I to assist in the execution of his duty.
.,, (2) establishment of a representation referred to in subsection (1) are defined more by the decision of the Chairman of the National Consumer Protection Agency.
Article 41 in the performance of duties, the National Consumer protection agency working layout work is governed by the decision of the Chairman of the National Consumer Protection Agency.

Article 42 the costs for the implementation of the National Consumer protection agency charged to income and expenditure budget of the State and other sources in accordance with the legislation in force.

Article 43 further Provisions regarding the formation of the National Consumer Protection Agency set forth in a government regulation.

CHAPTER IX INSTITUTIONS NGOS CONSUMER PROTECTION Article 44.,, (1) the Government recognizes the Agency's consumer protection NGOs are eligible.
.,, (2) Institute of consumer protection NGOs have the opportunity to play an active role in realizing the protection of consumers. (3) the tasks of the Agency's consumer protection NGOs include the following activities:.,,.,, a. disseminating information in order to improve awareness of rights and obligations and consumer caution in consuming the goods and/or services; b. provide advice to consumers who need them;

.,, c. cooperate with relevant agencies in order to realize the protection of consumers;
.,, d. help consumers in fighting for their rights, including receiving complaints or consumer complaints;
.,, e. conduct surveillance along with the Government and people towards the implementation of consumer protection.
.,, (4) the provisions on consumer protection agency the task of NGOs referred to in subsection (3) is set out in government regulations.
CHAPTER X General first part of the DISPUTE RESOLUTION Chapter 45.,, (1) any consumer harmed can sue perpetrators attempt through the institution in charge of resolving disputes between consumers and businessmen or through judicial judicial environment are in General.
.,, (2) consumer dispute resolution can be reached through the courts or out of court based on voluntary choice of the parties to the dispute.
.,, (3) resolving disputes outside of the Court referred to in subsection (2) does not eliminate the criminal responsibility as set forth in the Act.
.,, (4) if the dispute resolution efforts has been selected the consumer out of court, the lawsuit through the courts can only be reached when the effort was declared unsuccessful by one party or by the parties to the dispute.
Article 46 (1) a lawsuit for infringement of trade can be done by:.,, a. a consumer who harmed or beneficiary concerned;

b. a group of consumers who have the same interests;., c. consumer protection agencies eligible NGOs, namely the shape of legal entities or foundations, which in essence the budget mentions firmly that the purpose of the establishment of the Organization was in the interest of consumer protection and have been carrying out activities in accordance with the budget essentially;
.,, d. Governments and/or relevant agencies when the goods and/or services consumed or utilized materials that resulted in losses of large and/or victims who are not few.
.,, (2) a lawsuit filed by a group of consumers, consumer protection institutions NGOs or the Government as referred to in paragraph (1) letter b, letter c, letter d or submitted to the judiciary.
.,, (3) further Provisions concerning large material losses and/or casualties not least as referred to in paragraph (1) the letter d is set by government regulations.
The second part resolving disputes out of court Settlement of consumer disputes Article 47 out of Court was held to reach agreement on the shape and magnitude of the damages and/or about specific actions to guarantee it will not happen again or it will not happen again the losses suffered by consumers.

The third part of dispute resolution Through the Court of article 48 consumer dispute resolution through the Court refers to the provisions of the applicable public justice having regard to the provisions of Article 45.

CHAPTER XI CONSUMER DISPUTE RESOLUTION BODIES Article 49.,, (1) the Government Agency's consumer dispute resolution form in Regencies to consumer dispute resolution outside the courts.
.,, (2) to be appointed member of the governing body of consumer dispute resolution, one must qualify as follows:.,, a. citizen of the Republic of Indonesia;

b. the able-bodied;

c. being of good character;

d. never convicted of a crime;

e. have the knowledge and experience in the field of consumer protection;

f. age of at least 30 (thirty) years.
.,, (3) a Member referred to in subsection (2) is composed of elements of Government, consumers, and businessmen.
.,, (4) a member of any of the elements referred to in paragraph (3) amounted to a little-dikitnya 3 (three) people, and as many 5 (five) persons.
.,, (5) the appointment and dismissal of members of consumer dispute resolution bodies established by the Minister.
Chapter 50 consumer dispute resolution Agency referred to in Section 49 subsection (1) consists of: a. Chairman and members;

b. Vice Chairman and members;

c. members.

Article 51.,, (1) a consumer dispute resolution Bodies in the exercise of his duties, assisted by the Secretariat.
.,, (2) the Secretariat of the Agency for consumer dispute resolution consists of the head of the Secretariat and members of the Secretariat.
.,, (3) the appointment and dismissal of the head of the Secretariat and members of the Secretariat of the Agency for consumer dispute resolution established by the Minister.
Article 52 the duties and authority of consumer dispute resolution bodies include:.,, a. carry out handling and consumer dispute resolution, by means of arbitration or through mediation or conciliation; b. consultations consumer protection;

c. to conduct surveillance against the inclusion clause;., baku, d. reporting to the public when investigators violation occurs the provisions of this Act;
.,, e. receive complaints both written and unwritten, of the consumers about the occurrence of a breach of consumer protection; f. research and dispute consumer protection;., g., calling on businessmen who allegedly have committed a breach of consumer protection;
.,, h. calling and presenting witnesses, expert witnesses and/or any person who is deemed to know of a violation of this Act;
., i., investigators sought help to bring the perpetrators of the attempt, witnesses, expert witnesses, or any person referred to in the letter g and the letter h, which is not willing to meet the call of the Agency's consumer dispute resolution;
., j., get, researching and/or assess the mail, documents, or other evidence to the investigation and/or examination; k. decided and set the presence or absence of losses on the part of consumers;., l., notifying the verdict to the businessmen who do breach of consumer protection;
., m., administrative sanctions dropped to businessmen that violates the provisions of this Act.
Article 53 further Provisions regarding the exercise of the duties and authorities of the Agency's consumer dispute resolution areas of level II is set in the decision letter of the Minister.

Article 54.,, (1) to deal with and resolve consumer disputes, consumer dispute resolution bodies to form the Tribunal.
.,, (2) the number of members of the Tribunal as referred to in subsection (1) must be odd and little-dikitnya 3 (three) persons representing all the elements referred to in Article 49 paragraph (3), and assisted by a clerk. (3) the decision of a Tribunal is final and binding.
.,, (4) the technical Provisions on the implementation of the task of the Tribunal is set out in the decision letter of the Minister.
Section 55 consumer dispute resolution Body is obligated to issue a ruling at the latest within 21 (twenty one) working days after the lawsuit was accepted.

Article 56.,, (1) within at least 7 (seven) working days from receiving the ruling of the dispute settlement body of consumers as stipulated in article 55 compulsory trade comply.
.,, (2) the parties may file an objection to the District Court no later than fourteen (14) working days after receipt of notice thereof.
.,, (3) the perpetrator of the attempt is not filed an objection within the period referred to in subsection (2) is deemed to accept the ruling of the dispute settlement body of consumers.
.,, (4) If a provision referred to in subsection (1) and paragraph (3) is not run by businessmen, consumer dispute resolution agency handed the verdict to the investigator to conduct the investigation in accordance with the provisions of the applicable legislation.
.,, (5) the decision of a consumer dispute settlement bodies as referred to in paragraph (6) is evidence enough for beginning investigators to conduct the investigation.
Article 57 the ruling of the Tribunal as referred to in article 54 paragraph (3) requested the assignment of his execution to the District Court at the place of the consumers were harmed.

Article 58.,, (1) the District Court issued its verdict over the compulsory objections referred to in Section 56 subsection (2) within a period of at least 21 (twenty-one) days from receipt of the objection.
.,, (2) against the ruling of the District Court referred to in subsection (1), the parties within a period of at least 14 (fourteen) days can apply for cassation to the Supreme Court of the Republic of Indonesia.
.,, (3) the Supreme Court of the Republic of Indonesia is obligated to issue a ruling within a period of at least 30 (thirty) days from receiving the petition for cassation.
CHAPTER XII, Article 59. INVESTIGATION, (1) in addition to police officials of the Republic of Indonesia, officials of certain civil servants in the environment of government agencies that the scope of duties and responsibilities in the field of consumer protection was also given special authority as investigators as stipulated in the legislation of the law of criminal procedure in force.
.,, (2) the investigating officials of the civil servant referred to in subsection (1) is authorized:.,,.,, a. checks over the truth of the reports or information concerning a criminal offence in the field of consumer protection;
.,, b. conduct examination of a person or legal entity who is suspected of committing criminal acts in the field of consumer protection;
.,, c. requesting information and evidence from the persons or legal entities with respect to the events of the crime in the field of consumer protection;
.,, d. checks over the bookkeeping, records, and other documents with regard to criminal acts in the field of consumer protection;
.,, e. checks on specific places that allegedly contained evidence as well as spoorweg violations result items can be used as evidence in a criminal offence in the field of consumer protection;
., f., enlisted the help of experts in the framework of the implementation of the tasks of investigation criminal acts in the field of consumer protection.

.,, (3) the investigating officials of the civil servant referred to in subsection (1) notify the commencement of the investigation and the results of penyidikannya to the investigating police officials of the Republic of Indonesia.
.,, (4) the investigating officials of the civil servant referred to in subsection (1) to convey the results of the investigation to the public prosecutor's Office Police Officials through the Republic of Indonesia.
CHAPTER XIII the administrative Sanctions a SANCTION of the first part of article 60.,, (1) a consumer dispute resolution Body authorized to drop sanctions against the perpetrators of the administrative effort in violation of article 19 paragraph (2) and paragraph (3), article 20, article 28 and article 26.
.,, (2) the administrative Sanction in the form of the determination of the compensation of most Rp 200,000,000.00 (two hundred million rupiah).
.,, (3) the procedures for administrative sanctions as referred to in paragraph (1) are governed further in legislation.
The second part of article 61 Criminal Sanction criminal prosecution can be undertaken against businessmen and/or its administrator.

Article 62.,, (1) trade in violation of the provisions referred to in article 8, article 9 Article 10 Article 13, paragraph (2), article 15, article 17 paragraph (1) letter a, letter b, letter c, letter e, paragraph (2), and article 18 are convicted with imprisonment not more than 5 (five) years or a maximum fine of Rp criminal 2,000,000,000.00 (two billion dollars).
.,, (2) trade in violation of the provisions referred to in article 11, article 12 and Article 13 paragraph (1), article 14, article 16 and article 17, paragraph (1) the letter d and the letter f are convicted with imprisonment of not longer than 2 (two) years or a maximum fine of Rp criminal 500,000,000.00 (five hundred million rupiah).
.,, (3) against infringement resulting in severe injuries, severe pain, permanent disability or death criminal provisions into effect.
Article 63 Against criminal sanctions as stipulated in article 62, could be sentenced to an additional, such as: a. the deprivation of certain goods;

b. announcement of the decision of the judge;

c. payment of the indemnification;., d., orders the cessation of certain activities that cause the onset of consumer losses; e. obligations of withdrawing goods from circulation; or f. the revocation of business license.

CHAPTER XIV TRANSITIONAL PROVISIONS Article 64 All provisions of laws and regulations aimed at protecting consumers who have been there at the time of the enactment of this Act, otherwise remain in force throughout the not set specific and/or does not conflict with the provisions of this Act.

CHAPTER XV CONCLUDING PROVISIONS of Section 65 of this Act comes into force after 1 (one) year after promulgation.

In order to make everyone aware of it, ordered the enactment of this legislation with its placement in the State Gazette of the Republic of Indonesia.

.,, Enacted in Jakarta on 20 April 1999 INDONESIAN PRESIDENT BACHARUDDIN JUSUF HABIBIE Enacted in Jakarta on April 20, 1999, the MINISTER of STATE SECRETARY of STATE of the REPUBLIC of INDONESIA an EXTRA SHEET of STATE AKBAR TANDJUNG RI No. 3821 (explanation of the 1999 State Gazette Number 42) EXPLANATION for the law of the Republic of INDONESIA number 8 of 1999 on the PROTECTION of the CONSUMER PUBLIC, i., development and economic development generally and especially in the field of industry and trade has resulted in an enormous variety of goods and/or services It can be consumed. In addition, globalization and free trade are supported by advances in telecommunications and informatics technology has expanded the space motion of current transactions of goods and/or services across the boundaries of the territory of a country, so the goods and/or services offered vary good production overseas as well as domestic production.
., Such Conditions, on the one hand have the benefit to consumers because consumers will need the goods and/or services desired can be fulfilled as well as the more open wide the freedom to choose a variety of types and quality of goods and/or services in accordance with the desire and ability of consumers.
.,, On the other hand, the conditions and the phenomenon can result in positions of businessmen and consumers become unbalanced and consumers are in a weak position. Consumers become the object of business activities for profit the most by businessmen through promotional sales, how to tips, as well as the implementation of treaty standards that consumer harm.
.,, Main factors into consumer's weakness is the level of consumer awareness will be right is still low. This is mainly caused by the low level of consumer education. Therefore, consumer protection legislation is intended to become a strong legal basis for consumer protection agencies of the Government and NGOs to do empowering consumers through coaching and education of consumers.
., Empowering, is important because it is not easy to expect the consciousness of businessmen who are basically economic principle of businessmen is the most profit with minimal capital as possible. This principle is very potential harms the interests of consumers, either directly or indirectly.
.,, On the basis of the condition as described above, need to be empowering the consumer through the creation of laws that can protect the interests of consumers are integrative and comprehensive and can be applied effectively in the community.
.,, Does the law protect consumers is not intended to shut down the venture businessmen, but quite the opposite of consumer protection can encourage a healthy climate of trying that encourage the inception of a formidable company in the face of competition through the provision of goods and/or services.
.,, In addition, the Act on the protection of Consumers in their implementation still paying special attention to small and medium businessmen. It is done through the efforts of the construction and application of sanctions over the offense.
.,, Law on consumer protection is formulated with reference to national development philosophy that national development including the development of laws that provide protection to the consumer is in order to build human whole Indonesia based on a philosophy of State of the Republic of Indonesia that is the basis of the country's Constitution and the Pancasila State Constitution 1945.
.,, In addition, the law on consumer protection is basically not the beginning and end of the governing law on the protection of consumers, because until the formation of the law on consumer protection there has been some laws that protect the material interests of consumers, such as:.,, 1. Act No. 10 of 1961 the determination of Surrogate Government Regulations Act No. 1 1961 about goods, into law; 2. Act No. 2 in 1966 about Hygiene;., 3. Act No. 5 of 1974 about the fine points of governance in the region; 4. Act No. 2 of 1981 on Legal Metrology;

5. Act No. 3 of 1982 on the compulsory list of companies;

6. Act No. 5 of 1984 on Industry;

7. Law number 15 of 1985 regarding Ketenagalistrikan;

8. Act No. 1 of 1987 about the Chamber of Commerce and industry;

9. Act No. 23 of 1992 on health;., .10. Act No. 7 of 1994 about the Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization); 11. Law No. 1 year 1995 concerning limited liability company;

12. Act No. 9 of 1995 concerning small enterprises;

13. Act No. 7 of 1996 on Food;.,, 14. Act No. 12 of 1997 about the changes to the Copyright Act as amended by Act No. 7 of 1987;
., 15. Act No. 13 of 1997 on changes to the Act No. 6 of 1989 concerning Patents;
.,,16. Act No. 14 of 1997 about a change in the law number 19 in 1989 about the brand; 17. Act No. 23 of 1997 about the management of the environment;

18. Act No. 24 of 1997 about Broadcasting;

19. Act No. 25 of 1997 about Employment;.,, 06. Act No. 10 of 1998 about the changes to the Act No. 7 of 1992 about banking.
.,, Consumer protection in terms of businessmen of breaking intellectual property (IP) is not regulated in the law on the protection of Consumers is because it is regulated in Act No. 12 of 1997 concerning copyright, Act No. 13 of 1997 about patents, and Act No. 14 of 1997 about the brand, which produce or trade goods and/or services in violation of the provisions of the INTELLECTUAL PROPERTY.
., As well as consumer protection in the field of the environment are not regulated in the law on the protection of Consumers is because it has been set forth in Act No. 23 of 1997 on environmental management regarding the duty of every person to maintain the sustainability of the environmental functions as well as preventing and tackling pollution and destruction of the environment.
.,, Later still open the possibility of the formation of the new law that basically contains provisions that protect consumers. Thus, the law on consumer protection, this is an umbrella which integrate and strengthen law enforcement in the field of consumer protection.

II. For the SAKE of ARTICLE ARTICLE article 1., 1., letters, numbers, quite obviously number 2

.,, In economic terms known to the ordinary consumer end and consumers between. The end consumer is a user or end users of a product, while consumers are among the consumers who use the product as part of the process of production of a product to another. The notion of consumer in this legislation is the end consumer. 3. Figures, businessmen, which is included in this sense is a company, Corporation, STATE-OWNED ENTERPRISES, cooperatives, importers, traders, distributors and others. 4. clear, sufficient, number 5, number 6, clear enough, clear enough, number 7, number 8, clear enough, clear enough, number 9, these institutions set up to enhance public participation in the efforts of consumer protection as well as shows that consumer protection be a shared responsibility between the Government and the community. 10. Numbers, quite obviously, Numbers 11., this, the Agency set up to handle a consumer dispute resolution that is efficient, quick, cheap and professional. 12. Numbers, quite obviously, the number 13, pretty clear, article 2., consumer protection, held as a joint venture based on 5 (five) of the relevant principle in national development, namely:.,, 1. The basis of the benefits intended to mandate that all efforts in organizing consumer protection should give the highest possible benefits for consumers and businessmen's interests as a whole.
., ,2. The principle of Justice is intended to the participation of all the people can be realized optimally and provide opportunities to consumers and businessmen to obtain their rights and carry out their obligations in a fair manner.
., ,3. The principle of balance is intended to provide a balance between the interests of consumers, businessmen, and the Government in the sense of material or spiritual.
., ,4. The principle of security and the safety of consumers is meant to provide assurance over the security and safety to the consumer in the use, consumption and utilization of goods and/or services consumed or used.
., ,5. The principle of legal certainty intended to either businessmen or consumers comply with law and justice in implementing consumer protection, as well as State guarantees legal certainty. Section 3.,, is quite clear article 4, letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e, letter f, clear enough, clear enough, g., Letter, the right to be treated or serviced properly and honestly and not discriminating based on tribal, religious, cultural, regional, education, rich, poor and other social status. The letter h.,, quite clearly the letter i., pretty clear, article 5, article 6, is quite clear, quite clearly, the article 7, letter a, letter b, clear enough, clear enough, Letter c., of banned trade, discerning consumers in providing service.

Businessmen are prohibited from distinguishing the quality of service to consumers. D., letter, quite clearly the letter e.,, is the goods and/or services is an item that can be tested or tested without result in the damage or loss. The letter f, letter g, is quite clear, quite clearly, article 8, paragraph (1), letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e, letter f, clear enough, clear enough, the letter g.,, period of use/use the most good is the translation of the words "best before labels commonly used in food products. The letter h., quite clearly, the letter i, letter j, it is quite clear, quite obviously, subsection (2), the items in question are goods that does not harm consumers and in accordance with the provisions of the applicable legislation. Paragraph (3), Pharmaceutical Preparations, and food is is endangering consumers according to the legislation in force. Subsection (4), the Minister and the Minister, authorized technical interesting goods and/or services from circulation.

Article 9, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), it is pretty clear, article 10, article 11, quite clearly, the letter a, letter b, clear enough, clear enough, Letter c, letter d, quite clearly, is the specified amount and quantity is sufficient compliance with the anticipation of consumer demand. The letter e, letter f, clear enough, clear enough, article 12, Article 13 clearly, simply,, subsection (1), quite obviously, subsection (2), clause 14 is clear enough, clear enough, Article 15, article 16, clear enough, clear enough, article 17, paragraph (1), quite obviously, subsection (2), is quite clear, Article 18, paragraph (1),, the prohibition is intended to place the position of the consumer equivalent of a trade based on the principle of freedom of contracts.

Letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e, letter f, clear enough, clear enough, the letter g, letter h, clear enough, clear enough, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), is quite clear, article 19, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5). ,, Is quite clear, article 20, clause 21. Quite clearly, subsection (1), quite obviously, subsection (2), section 22, is quite clear.,, this provision is intended to implement a system of burden of proof was reversed.

23. Article, quite obviously, section 24, paragraph (1), quite obviously, subsection (2), Article is quite clear, 25, paragraph (1), quite obviously, subsection (2), Article 26, clear enough, clear enough, article 27, Subparagraph a., quite obviously, letter b.,, disability arising at a later date is after the date which got guarantees from businessmen as exchanged, both written and oral. The letters c, a, is the qualifying goods are terms of standardization has set the Government based on the agreement of all parties. D., letter, letter e. pretty self-explanatory, enforced by time period, it was the period of the warranty.

28. Article, pretty clear, Article 29, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), is quite clear, article 30, paragraph (1), quite obviously, subsection (2),, is a technical Minister is the Minister responsible for technically according to the field of duty. Paragraph (3), the supervision carried out by the Community institutions and consumer protection NGOs performed on goods and/or services circulate on the market by way of research, testing and/or surveys.

Supervisory aspects include loading information about the risks of use of the goods if installation is required, label, advertising, and other required based on the provisions of the regulations and customs in the corporate world. Subsection (4), quite obviously, subsection (5), quite obviously, subsection (6), article 31 clearly Enough, clear enough, Article 32, Article 33, clear enough, clear enough, Article 34, paragraph (1), letter a, letter b, clear enough, clear enough, Letter c, letter d, clear enough, clear enough, the letter e.,, Alignments to consumers is meant to improve the attitude of high consumer care (wise consumerism). The letter f, letter g, is quite clear, quite obviously, subsection (2), Article is quite clear, 35, subsection (1), the number of representatives each element must not be the same. Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), Article 36, quite clearly, the letter a, letter b, clear enough, clear enough, Letter c, letter d is quite clear,.,, academics are those who are highly educated and a member of the College. The letter e.,, experts are those who are experienced in the field of consumer protection.

Article 37, Article 38, quite clearly, the letter a, letter b, clear enough, clear enough, Letter c, letter d, quite obviously, continuous Pain, so it is not able to carry out its work. The letter e, letter f, clear enough, clear enough, Article 39, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), it is pretty clear, article 40, paragraph (1), quite obviously, subsection (2),, is a decision by the Chairman of the National Consumer Protection Agency is a decision that is assigned based on the deliberation of members.

41. Article,, is a decision by the Chairman of the National Consumer Protection Agency is a decision that is assigned based on the deliberation of members.

Article 42, Article 43, clear enough, clear enough, Article 44, paragraph (1), the definition of eligible, among other things, registered and recognized as well as in the field of consumer protection. Subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), Article is quite clear, 45, paragraph (1), quite obviously, subsection (2), consumer dispute resolution, as referred to in this paragraph does not cover the possibility of a peaceful settlement by the parties to the dispute. At each stage and tried to use the peaceful resolution by both parties to the dispute.

Is the settlement of peaceful settlement is carried out by both parties to the dispute (trade and consumer) without going through the Court or agency consumer dispute resolution and not in conflict with this Act. Paragraph (3), quite obviously, subsection (4), Article is quite clear, 46, subsection (1), letter a, letter b, quite clearly, this legislation recognizes the group or class action lawsuit.

Group or class action lawsuits must be filed by consumers who actually harmed and can be proven legally, one of which is the existence of evidence of the transaction. The letter c, letter d is quite clear,.,, the benchmark of great material losses and/or casualties who does little that is used is a big impact on consumers. Subsection (2), quite obviously, subsection (3), Article is quite clear, 47.,, forms the guarantee in question in this case in the form of a written statement that it will not happen again the deeds which have been detrimental to the consumer.

48. Article,, is quite clear


Article 49, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), the consumer element is consumer protection institutions NGOs or group of consumers. Subsection (4), quite obviously, subsection (5), article 50, clear enough, clear enough, Article 51, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 52, clear enough, clear enough, Article 53, Article 54, clear enough., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3).,, is the verdict of the Tribunal is final is that in a consumer dispute resolution agency no effort appeals and cassation. Subsection (4), Article 55 clearly Enough, clear enough, Article 56, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4), quite obviously, subsection (5), Article is quite clear, 57., 58, Article is quite clear., paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 59. Quite clearly, subsection (1), quite obviously, subsection (2), quite obviously, subsection (3), quite obviously, subsection (4). Pretty clear, Article 60, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 61, clear enough, clear enough, Article 62, paragraph (1), quite obviously, subsection (2), quite obviously, subsection (3), Article 63 is clear enough, clear enough, Article 64.,, pretty obvious Article 65.,, is quite clear