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the document is about the final exam business for economics
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The paper was created to fulfill the final assignment for the Introduction to Business Law course Advisory Lecturer: Thadeus Yus, SH, M.PA
By: LENI NATASIA B
A. Abstract
Consumer protection at this time cannot be separated from trading activities. This trading activity is expected to create a balance of rights and obligations between business actors and consumers. In Indonesia, consumer protection is currently receiving good attention because it involves the rules for creating welfare. A balance between business actors and consumers can create prosperous people. Consumer protection is a guarantee that should be obtained by consumers for every food product purchased or service they receive.
As a state of law, of course, we are no stranger to hearing the word law. One of the characteristics as well as the purpose of the law is to provide protection (protection) to the community. In today's era, fraud is very common, especially fraud against consumers. Can be through online and even sold offline. Therefore, in this paper, I want to write about consumer protection, so that this paper can be read and useful for the community, especially consumers.
B. Purpose
The purpose of this paper is to make readers know what consumer protection is, by understanding consumer protection. Knowing the form of legal protection for consumers as a result of the adverse effects of the times and technology.
C. Research Methods
In writing this paper, an empirical juridical approach is used. Namely the gap between theory and practice with an approach that is based on the implementation of legal regulations related to the research. Namely Law Number 8 of 1999 concerning Consumer Protection and other regulations related to research problems. The type of approach used in this paper is data collection, document study, and selective selection of opinions from legal experts from relevant legal materials, which are the initial techniques in conducting research. Analysis of legal materials using qualitative data processing techniques, then the data is presented in a descriptive analysis.
C. Problem Formulation
A. Definition of consumers and Consumer Protection
Consumer Preventive Protection is protection that is given when the consumer is going to buy or take advantage of certain goods or services, starting from the selection process or a number of these goods and services and then deciding to buy or use these goods and services.
For example, Margareta buys cell phones online on online shopping platforms, for example, Shopee. Margareta gets a guarantee in case she receives the item in a damaged condition so she can exchange the item with a good condition/no defects.
2. Curative Protection
Curative Protection is protection given to consumers as a result of the use of certain goods and services by consumers. Remember that consumers are different from the buyers of goods or services. So, consumers here using these goods and services do not know from their own purchases or gifts.
An example of curative protection is John buying a portion of food but after he eats the food he has a stomach ache and it turns out that the product is not safe then John is entitled to protection on the basis of the consequences of eating the food he bought.
C. Purpose of Consumer Protection
D. Rights and Obligations of Consumers according to Law
1. Consumer rights are:
a. the right to comfort, security, and safety in consuming goods and/or services; b. the right to choose goods and/or services and to obtain said goods and/or services in accordance with the exchange rate and the promised conditions and guarantees; c. the right to correct, clear and honest information regarding the conditions and guarantees of goods and/or services;
d. the right to have their opinions and complaints heard on goods and/or services used; e. the right to get advocacy, protection, and efforts proper settlement of consumer protection disputes; f. the right to receive consumer guidance and education; g. the right to be treated or served properly and honestly and non-discriminatory; h. the right to receive compensation, compensation,n and/or replacement, if the goods and/or services received do not match by agreement or not as they should be; i. the rights regulated in the provisions of laws and regulations other.
2. Consumers' obligations are:
a. read or follow informational instructions procedures fore for s the use or utilization of goods and/or services, for the sake of security and safety; b. in good faith in making purchases of goods and/or services; c. pay according to the agreed exchange rate; d. follow legal dispute resolution efforts consumers properly.
E. Rights and Obligations of Business Actors
1. The rights of business actors are:
a. the right to receive payments in accordance with the agreement regarding the conditions and exchange rates of goods and/or services traded; b. the right to obtain legal protection from consumer actions who have bad intentions; c. the right to exercise proper self-defense in consumer dispute legal settlement; d. the right to rehabilitation of good name if legally proven that consumer losses are not caused by goods and/or trade services; e. the rights regulated in the provisions of laws and regulations other.
2. The obligations of business actors are:
a. have good intentions in carrying out their business activities; b. provide true, clear, and honest information about the condition and guarantees for goods and/or services as well as provide an explanation of use, repair, and maintenance; c. treat or serve consumers properly and honestly as well as non-discriminatory; d. guarantee the quality of the goods and/or services produced and/or traded based on the provisions of the quality standard of goods and/or applicable services;
online transactions. Law Number 11 of 2008 concerning Information and Electronic Transactions cannot be used as a guideline in handling cases in online transactions, while according to Law Number 8 of 1999 concerning Consumer Protection, articles that can be used as guidelines regarding cases of fraud experienced by consumers in online transactions are: Article 8 paragraph 1 letters d, e, and f and Article 16 letters a and b.
H. Consumer Alert
Sample Case
The head of BPKN, Rizal E Halim, said that the incident of using a used antigen rapid test kit at Medan's Kualanamu International Airport and the quarantine mafia at Soekarno Hatta Airport was a bad incident for the government's efforts to combat the Covid-19 virus. For this reason, it is necessary to carry out a thorough and periodic evaluation of the process of handling Covid-19 at the point of departure and arrival on land, air, and sea routes. "The government also needs to conduct a thorough evaluation of the facilities in public spaces that carry out antigen/PCR-Swab tests. It is necessary to ensure that the process of handling and verifying the tests is going well in order to avoid cases that occurred in Kualanamu." he said in a written statement, Monday (3/5/2021).
Rizal hopes that the police and the government will take serious action on the Kualanamu and Soetta airport cases because they are very dangerous for the safety and welfare of consumers and also have the potential to transmit the Covid-19 virus. "It has become a mandatory step for the government to take firm and transparent steps so that the impact does not spread. Consumers are also required to be more careful and understand Covid-19 test kits for mutual safety. BPKN RI will continue to monitor and oversee the process of handling the Kualanamu and Soetta Airport," he said.
Member of the Communication and Education Commission of BPKN, Renti Maharaini said that the incident was a clear violation of Article 7 in conjunction with
Article 8 paragraph (1) letter an of Law no. 8 of 1999 concerning Consumer Protection. Business actors do not fulfill their obligations, namely to act in good faith in the rapid antigen test service which can be accounted for that the service and the antigen rapid test tool are really new, not used. "Business actors who are proven to have committed acts/deeds of counterfeiting antigen test equipment may be subject to criminal sanctions of a maximum of 5 (five) years or a maximum fine of Rp. 2 billion," he said.
Analysis
In response to the above case, the actions of individuals who greatly harmed consumers in getting doses of the covid 19 vaccine were very bad for both the consumers themselves and even the state because, in the midst of the uproar over the news of covid 19, there were even individuals who dared to deceive the public into paying them to pay for it. get the covid 19 vaccine. Even though the state is trying very hard to solve the case. So that with the news of the fake vaccination, the state government did not remain silent, they immediately followed up on the case, and the person who had committed the fraud would be punished. This case also has something to do with the Consumer Protection Act that we have already discussed.
A. Conclusion
Based on the discussion of the above problems, conclusions can be drawn as follows:
The law for consumer protection really plays an important role in protecting the community where the people here are consumers themselves.
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