Highlights of the 1999 Consumer Protection Law
Highlights of the 1999 Consumer Protection Law
JAKARTA (JP): The Consumer Protection Law was issued by the
Directorate General of Home Trade, Ministry of Industry and Trade
and enacted on April 20, 1999. It consists of 14 chapters and 65
articles.
Chapter 1 gives explanations on the terminology used and on
the Consumers Protection Society (Lembaga Perlindungan Konsumen
Swadaya Masyarakat/LPKS), the Consumers Arbitration Agency (Badan
Penyelesaian Sengketa Konsumen) and the Consumers Protection
Agency (Badan Perlindungan Konsumen Nasional).
Chapter 2 contains articles on consumer protection: for
consumers, protection awareness improves consumers' ability,
among others things, to protect themselves, avoid bad experiences
when using products or services, seek legal protection and access
information. On the part of traders, merchants and goods and
services suppliers, an awareness of consumer protection compels
them to be responsible and to improve the quality of goods and
services to ensure the health, comfort, security and safety of
their consumers.
Chapter 3 is about the rights and obligations of consumers and
the traders or business entities: consumers have the right to
enjoy comfort, safety and security when using goods and services,
to make choices, to have information on the condition and
guarantee of goods and services, to complain, to have legal
assistance and to get reimbursement and compensation as
regulated. Consumers should follow the instructions and
procedures when using goods and services; they should also pay as
appropriate and follow all necessary legal processes.
Traders, merchants and business entities have the right to get
payments, legal protection and the appropriate advocacy in
lawsuits against the consumers. They must give thorough
information on the quality standard and specification of goods
and services on purchase and provide compensation where
necessary.
Chapter 4 states points that traders or merchants should not
do, including producing goods and services below the specified
standards of weight, condition, guarantees and composition.
Product labels should contain, among other things, expiry dates,
time of usage and halal and non-halal certifications. This
chapter also provides rules covering the promotion or
advertisement of goods and services and regulates the advertising
business.
Chapter 5 regulates "fixed clauses", the binding terms and
conditions unilaterally set by the businesses that the consumer
cannot question as stated in their documents.
Chapter 6 lists the responsibilities of businesses, including
guarantees, spare-parts and after sales service.
Chapter 7 states the government's responsibilities on
overseeing consumer protection regulations.
Chapter 8 explains the National Consumers Protection Agency
(Badan Perlindungan Konsumen Nasional) and its handling of
control, education, protection, and development of human
resources and research. Articles in this chapter also regulate
the membership, and organization of the agency.
Chapter 9 explains the role of the Consumers Protection
Society (Lembaga Perlindungan Konsumen Swadaya Masyarakat) in
promoting consumers' awareness on their rights and obligations.
The organization works together with other agencies in assisting
consumers in filing complaints/lawsuits, as well as promoting
public control on the consumer protection mechanism.
Chapter 10 regulates the filing of complaints, lawsuits, other
legal actions and solutions.
Chapter 11 is about the Consumers Arbitration Agency (Badan
Penyelesaian Sengketa Konsumen) with regard to membership in the
agency, its functions, duty and authority.
Chapter 12 sets out the rules for the investigation of
violations of consumers' rights.
Chapter 13 is about sanctions.
--Tri Hafiningsih