Consumer protection law still a dream
Consumer protection law still a dream
JAKARTA (JP): Business is business. These three words contain a "philosophy" reflecting how harsh the business world is. For a business to succeed, every means might be applicable, regardless of the harm to other people. Business ethics are often cast aside and consumers are exploited.
Expired products, merchandise of poor quality, misleading advertisements, unfulfilled promises and poor services in various fields are the most common complaints voiced by consumers.
Clearly, with chaotic business practices, consumers often end up being the losers. To make things worse, Indonesia does not have a consumer protection act yet.
The Indonesian Consumers Organization (YLKI), in cooperation with experts on law and trade, formulated a bill on consumer protection in 1981. Since then the organization has continuously campaigned to have the bill ratified.
Abdul Rachman Saleh, former director of the Indonesian Legal Aid Institute who took part in the drafting of the bill, hailed YLKI for its initiative in the formulation of the bill.
"Everyone can propose a bill or send a letter to the State Secretariat or the House of Representatives about the need to make a certain legislation. But there is no guarantee that their ideas will be accepted," Saleh said.
All bills which have been ratified by the House of Representatives were drafted by the government. The House has the full right to draft bills, but it has never used the prerogative.
YLKI executive A.Z. Nasution said that the consumer protection bill drafted by YLKI is nowhere near acceptance.
"Indonesia is enhancing its economic development and I have the impression that some people are afraid that the enactment of a consumer protection law will hamper that development," he said.
Instead of obstructing the development, the law is expected to boost the country's economy because it will improve the quality of products, which is important in global trade competition.
Indonesia is behind some of the other Asian countries in consumer's rights. Thailand enacted its Consumer Protection Act in 1979, while South Korea introduced the act in 1986. Malaysia is a step ahead as it has a minister who handles consumer issues.
Realizing the need to have a consumer protection act, the Ministry of Trade asked the School of Law of the University of Indonesia to prepare an academic draft on the subject. The draft, attached with a proposed consumer protection bill, was completed in 1993.
Bureaucracy, however, has hampered the process of producing the law. The Trade Ministry could not endorse the proposed bill or draft a new one without approval from the president.
A staff member of the legal bureau at the Trade Ministry, D. Guritno, told The Jakarta Post that he had sent a letter to the State Secretariat, asking for the president's approval on the drafting of a consumer protection bill.
"Last year we asked the State Secretariat about the president's answer but they said that the letter was missing. We have sent them a new one, but so far we have not received any answer," Guritno said.
Guritno is the secretary of a special team at the ministry which is in charge of issues related to the consumer protection bill. The team is headed by Bakir Hasan, Secretary General of the Ministry of Trade.
Following economic development in the business world, however, the Ministry of Trade is considering combining the subject of business competition with consumer protection in the planned bill.
The ministry has consulted the Ministry of Justice on the plan. If the Ministry of Justice agrees, the Ministry of Trade will send a proposal on the drafting of a bill on business competition and consumer protection to the president, who will later decide whether or not to accept it.
"I believe it is high time to have such a law, but I don't know how long the process will be," Guritno said. (sim)