You are on page 1of 12

COSTUMER PROTECTION LAW – JULY 13, 2015

Consumer Rights - US president JFK
 The right to safe products
 The right to be informed about products
 The right to definite choices in selecting products
 The right to be heard regarding consumer interest
Consumer rights – Consumer international
 The right to the satisfaction of basic needs the right to safety
 The right to be informed
 The right to choose
 The right to be heard
 The right to redress
 The right to consumer education
 The right to a healthy environment
Revision of the guidelines
1. Access to knowledge
 So that consumers decision about the G&S can be as fully
informed as possible
 So that consumer have access to G&S necessary to realize
their general right
2. Internet and telecommunications  disclosure, consumer
choice, privacy, reliable high quality service, accurate bills and
redress, market abuse, responsive regulatory authority
3. E-commerce and digital products -? Against contractual
abuses (one-sided standard contracts, unfair contract term,
etc.)
Consumer Right – Art 4 CPL
Article 4 point C :
INFORMATION
 CORRECT = correct information on the ingredients and other
materials of Goods and services
 CLEAR = no ambiguity, no multi interpretation, using
Indonesian language as regulated
 HONEST = information must be made in good faith
Promoting sale LCD TV 32 inch only IDR. 1.000.000, but in fact only
for 2 units
Selling expired instant noodles
Promoting face whitening cream

Product Liability  Natalie O’Connor : “Product liability. Andy bought pedigree for his dogs  Andy is the consumer because Andy is the individual. 3. Ani as the buyer while her friends as the person who consume the goods. this as designed to protect the consumer from faulty or defective goods by imposing strict liability upon manufactures” CONSUMER PROTECTION – FRIDAY. Following the development of CPL even if the person does not have a direct contract or transaction with the producer. UI is a consumer but not according to CPL. ii. But according to CPL the dogs are the consumer because they are the end user. UI bought some computers  According to David Oughton and John Lowry UI could not be considered as a consumer because UI is also a business enactor. Ani as a buyer while her friends as the person who consume the goods. 2. 4. Ani bought some Chocolate and gave them to her friends  Both Ani and her friends are consumer. s/he still could be considered as a consumer. iii. JUNE 26. 2015 Parties (Stakeholder of Consumer Protection) 1. Why? Because UI have the same bargaining position so it doesn’t need CPL. UI is an intermediate consumer. iv. Consumer Business Agent Government Stakeholder Who is the Consumer? i. A doctor bought a car  .

Intermediate Consumer  users of goods/services to produce another goods/services or to trade them 3. Ralph Nader  Consumer = Citizen  CPL = Protect Civic Rights Consumer transaction involves 3 elements (David Oughton & John Lowry):  Consumer must be an individual or other protected person   who does not act in a business capacity Supplier must act in a business capacity The goods or services supplied must be intended for private not for business use While according to Article 1 Number 2 of CPL  consumer = the end user Types of Consumer: 1.According to Longman Dictionary. consumer is the one who purchases goods or services. End User Consumer  users of goods/services both for his own purpose. for the purpose of his family and other people as well as other living creatures an which are not to be traded What is the basic difference between consumer and business agent? Business enactor  individual and legal entity (Article 1 point 3 of CPL) o Producer  the one who produce the product o Distributor  the one who distribute the product o Investor  penanam modal Consumer  only individual (Article 1 point 2 of CPL) Shall an investor be considered as a consumer or a business agent? . Consumers in General  users of goods/services for specific purposes 2.

based on the regulation in financial services sector Business Agent in Advertising: Advertised Company  initiator and user of advertising servicer (UNILEVER. insurance policy holder. Friedman) “Business would not run without standard form contract.(W. 2015 Standard form contract  “Standard form contracts probably account for more than ninety percent of all the contracts now made.” Sutan Remy Sjahdaeni . LINTAS) Advertising Media  Company that communicates advertisement to consumer/society (NEWSPAPER.D SLAWSON. making. MAGAZINE) CONSUMER PROTECTION – WEDNESDAY. investor at Capital market. Most persons have dificulty remembering the last time they contracted other than by standard form” . Consumer – Law No 21 of 2011 on financial Services Authority Consumer is any party who save his fund or use any provided services at Financial Services Institution such as costumer at banking. HONDA) Advertising Company  company having skills in planning. coordinating communicating massages or develops trademark on behalf of the advertised company (MATARI. JULY 29. cited by  Mariam Darus Badrulzaman) “Most contracts which govern our daily lives are standard  contracts” (W. pension fund participation. According to OJK investor is considered as a consumer but only consuming the service not the product.

for indefinite number. without discussing it before. Faster transaction Almost at no cost No confusing technical requirements Consumers wont loose their energy Disadvantages: 1.  Az. and ready --Advantages: 1. color. 3. quantity. thus the company need only to prepare a standard contract. place. in high quantity. The unstandardized clauses are only several things for example concerning the type. 4. Standard clauses might eliminate consumer principle rights 2. to be signed by t--- Used for it consecutiveness (can be reused) & massive (concerning many people).STANDARD CONTRACT DEFINITION  The definition of standard contract is not stipulated in the CPL  Hondius: “Contract with conceptual written requirement in a contract that has not been made. time and other specific things. Black’s Law Dictionary: Adhesion contract is a standard-form contract prepared by one party. They could decide what is best for both parties. Standard clauses might eliminate business agent obligations Hondius : standard clause maker  legislator and private judges. 2. Nasution : contract with specific requirement thus seems to prefer to th e one that prepare the contract  Sutan Remy: The user has standardized contract with almost all the clauses and the other party in principle does not have the chances to discuss or ask for a revision. . ready to be printed.

Receipt b. Parking ticket STANDARD CONTRACT = STANDARD CLAUSE??????? ELEMENT OF STANDARD CONTRACT/STANDARD CLAUSE   Provision/regulation Transfer of liability or obligation from one party to another  party Stipulated earlier unilaterally by a business agent (do not give   consumer a chancer to negotiate) For consumer in massive With two choices: take it or leave it Exemption clause: A clause that is made with the objective to exempt or limit the liability of a party against the other party claim in terms of he does not fulfill his obligation as stipulated in the agreement. Insurance policy b. In a form of contract a. not on the substance  Exemption clause is questioning the substance of the clause which limit or exempt the liability or obligation of the business agent . ( sutan remi)  Standard clause is not the same with exemption clause  Standard clause stresses on the procedure of making the clause unilaterally.Article 1 number 10 of UUPK: “Every regulation or provision already stipulated earlier unilaterally by a business agent and set forth in a document and/or an agreement which shall---Form of Standard Contract 1. Banking forms 2. In the form of document a.

Consent of the person involved The legal capability to enter upon an agreement The certainty of the object/term The lawful purpose. unless he had in such case stipulated that he would guarantee nothing. not the agreement.DOES THE CPL PROHIBIT THE USE OF STANDARD CLAUSE OR STANDARD FORM CONTRACT??? CPL allows the use of standard clause but with some limitation. Article 1493 of CC The parties may through special agreements extend ---Article 1506 of CC He shall be held responsible for hidden defects although he himself had not known thereof. Who supervise the use of Standard Clause?  Art 52 c CPL: the tasks and authority of BPSK sanction – infrigngement of Art 18 administration sanction by BPSK (Art 60 (!)) CPL? Criminal sanction (Art 62 (!) cPL: a max of 5 years of imprisonment) Standard clause – civil code Does it meet the requirement of a validity of contract? 1. 4. Article 18 – substantive limitation. 3. Because of…. Article 18 (3) – Legal consequences NOTE : only the infringing clause that would be null and void. 2. TIPS: .

auxiliary the explanation related to the goods/ services Information Characteristic 1. Voluntary Information .Kalo ditanya opini hrs provide legal basis. and honest information (Article 4c. 7b. JULY 29.WEDNESDAY. such as able/signs tag and advertising (Article 8(1) f to j (2). not  confusing or contains 2 meanings. clear. 2015 Stage of Consumer Transaction Stage of pre transaction:  Definition: stage before transfer the ownership of goods or the  use of the service Consumers look for the information about goods and services  required related to money owned Influential: true. CONSUMER PROTECTION . Quality Information required  True  materials/additional maker of Goods/services shall be true Clear = expression mandatory information is clear. (3) and (9)) 2. 1 question concerning standard clause. using Indonesian Honest = the information maker shall be honest in preparing = information about raw materials. 8-18) What is the most important information that you will look up to before you buy a thing?   Price – to see if it is fit to your budget and worth the price. Obligatory Information Information under the law. Bakal ada mini cases.

cancellation. import restriction. pamphlet. So the medicine The highest price of the product (Harga eceran tertinggi) -> Information source:   Definition: pricing. newspaper. green. and in particular  obligation with the standard clause (Art. exhibition. medicine contains chemical substances. advertising in electronic media (Television. Internet). Consumer: mouth to mouth. etc. the consumer cannot sue the company because the name of the company that is stated in the cover of the product is not the legal name of the company. printing media (brochure. payment. the result of survey/research.Information voluntarily provided by a particular party (business enactor) cth: brochure. reader’s letter in  the mass media Business enactors: marketing activities. Because. etc. The true name of the company. 18) Business practices to maintain or increase the market share: . red sign).) STAGE OF THE TRANSACTION = stage of transfer of the ownership of the goods  There has been suitability of products Influential:  The terms of obligation. etc. for example: the transfer of ownership term. information from consumer organizations. In a medicine/drug there have to be a sign (blue. In a food product (all products not only food) there has to be a label regarding the name of the business enactor or the company. because in several case that happened. warranty.

15) with prizes (Art. POSITIVE COMMERCIAL PRACTICE a. health requirement which is applicable 2. COMMERCIAL PRACTICES  every activity of business enactor to execute their business. Warranty (writing or orally). Claim to BPSK/court : judges of BPSK are lack of knowledge regarding business. Unfair/unreasonable competition and/or monopoly STAGE AFTER TRANSACTION Definition: time of use. Commercial . Pada akhirnya its not even a guarantee. use of goods and/or utilization of services that have been owned by consumers If the information obtained do not conform to the truth of use -> consumer dispute The problem: 1. Commercial practice in accordance with the legislation b. positive or negative. Guarantee “without’ guarantee  ada garansinya tapi gaada garansi sebenarnya. A guarantee yg banyak banget basa basinya. especially marketing activities. Spare part gratis tapi pengecekan kerusakan harus bayar. Guarantee of consumer product a. sales from home to home (Art. label. Marketing activities (bait advertisement. Standard. tp sampai sebulan serviceny. brochure b. But because it is special for consumer they only …. advertisement. The condition of goods/services do not conform to: a. Dispute resolution a. 13) b. Peacefully. 3. Business person shall provide guarantee b. between the parties and with or without assisted by LPKSM b.a. Contoh: service hp gratis grgr garansi.

promoting. Teaser advertisement a. 2. 3. when promoting a product. Deceptive ads/ mock up advertisement a. Sale of goods/services affixed/inserted in the sale of other goods/services (tying agreements) Related provisions of consumer law   Article 7 – business enactors obligation Article 9 – prohibited of business enactors in offering. goods/services of the same of another c. b. etc. moving sale. to make it more impressive. sales from door-to door 4. also known as false advertising. advertising goods and/or services in an honest  dishonest manner Article 13 – prohibited of business enactor in offering. Deceptive advertising. in cash. misleading. promoting. Advertising that dos not intend to sell the [products offered but rather are intended to attract consumers to visit the place of business b. discounts. launching sales. Through a big sale. clearance sale. Providing of certain gifts. advertising goods and/or services promising to  gifts Article 15 – prohibited from applying pressure or using other ways which may cause either physical or psychological  disturbance to consumer Article 18 – provision of basic clause inclusion . Products with all the trimmings are described by excessive way and lead to mock-up c. Generally use the television media.NEGATIVE COMMERCIAL PRACTICE 1. refers to a manufacturer’s use of conducing. or blatantly untrue statements. Sales visit.