Who protects consumers?

Who protects consumers?

It is interesting to note recent statements by Indah
Suksmaninghsih, chairwoman of Indonesian Consumers Foundation.
She revealed that a Jakarta District Court had favored a gas
station in a legal dispute with an individual consumer, who had
accused the station of operating inaccurate pumps. "The court
found the consumers did not have enough evidence, and the gas
station (owner) filed a Rp 70 billion lawsuit against the
consumer for defamation," she said, suggesting that disgruntled
consumers should instead file class action lawsuits against
perfidious gas stations.

While reports about deceitful gas stations continue,
Indah's suggestion strongly reflects consumers' weak bargaining
position.

By comparison, in the U.S., with an original receipt in hand,
buyers can return goods they have bought days or even weeks after
purchase in the event they find the goods to be unsatisfactory.

Further questions then loom. Who really defends people from
being cheated by misleading advertisements? Who protects city bus
passengers from accidents caused by careless drivers?

What will parents do if their children cut their fingers
because the toys they have just bought have sharp ends? Will they
complain about the incident?

What will consumers do upon finding that the tap water
distributed by the City Tap Water Company (PAM Jaya) is turbid?

Most likely, the parents and the tap water consumers will only
send letter of complaint to newspapers, who will dutifully
publish them in letters columns.

The illustrations above clearly indicate that many people are
not that aware of their rights as consumers, and if they are,
they do not know how to use them.

So far, in case of disputes with businesses, consumers here
have been very dependent on the Indonesian Consumers Foundation
(YLKI), but only few are informed about how to get YLKI's
assistance.

While YLKI is very popular, the National Body for Consumer
Protection has yet to be established. According to Law No. 8/1999
the body will be formed to promote the importance of consumer
protection.

Regrettably, the law signed by then President B.J. Habibie six
years ago, has been not been actively made known to the public.
If enforced properly, the law would certainly be effective in
promoting consumer protection and encouraging consumers to stand
up for their rights.

Paragraphs (a) of Article 3 of the law states that consumer
protection is aimed at increasing consumer awareness, and their
ability to promote self protection. While Paragraph (c) says that
consumer protection means empowering consumers in selecting and
deciding (to purchase goods and use services) and in defending
their rights.

On punishments for dishonest businesses, Article 8 of the law
rules that people are prohibited from selling goods that are not
of the same quantity and quality as promised, and Article 62 says
that violators are subject to five-year imprisonment or a Rp 2
billion fine.

So, there must be something terribly wrong in the enforcement
of consumer protection law in this country. Given this, the
government must be aware that issuing laws without serious
enforcement is meaningless.

As the sole non-governmental organization dealing with
consumer protection, YLKI has practically been at the front line
in defense of consumers and in promoting consumers' rights among
the public.

YLKI has possibly become somewhat overburdened. But expecting
the government to be vigorous in protecting consumers is
pointless. Therefore, it is recommended that YLKI review its role
and make the existing cooperation with the press and other
relevant institutions even more vigorous.

Continuous and steady campaigns on television would probably
be a effective way to remind the public (consumers) of their
rights and to "take up arms" against delinquent businesses.

However, consumer protection is actually not only in the hands
of the government or YLKI. It is the public, the consumers alone,
who must empower themselves. Consumers must be more persistent
and tougher in fighting for their rights as guaranteed by the Law
No. 8/1999.

People should also start thinking about the establishment of
other similar non-government organizations if YLKI is proven to
be overburdened in defending consumers.

If law enforcement is limp - as it is in many cases -
then consumers should unite to fight for their rights through
class actions against delinquent businesses. If consumers are
unwilling to do something for their own protection, then who else
will protect them?