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?