CONSUMER PROTECTION LAW

Scientific Paper

Lecturue Of Consumer Protection Law :

Zenny Rezania Dewantary

By:

Marantika Damanik

(LAW 2017 -017201700002)

LAW

PRESIDENT UNIVERSITY

2018
 LEGAL PROTECTION OF CONSUMERS IN E-COMMERCE AGREEMENTS.

Introduction.

The development of the internet is one example of telecommunication information

technology that is very sophisticated in its use of not knowing the territory and time limit of a
country so that it can cause various reactions to legal issues, the use of Internet media is often
called cyberspace is a new arrangement as an alternative trading path answers to advances in
technology will go hand in hand with the emergence of changes in the field of society.1

The increasing number of Internet users has triggered business people to promote / place
their products in on / trie services based on the web, or more often known as e-commerce. The
ability of businesses to use the internet as a suggestion for business is like: Online marketing.
-commerce? e-commerce is a modern business model in cyberspace by "Non Face" or "face to
face" that e-commerce transactions are not attended by business people physically or without
direct face-to-face and non-sign. that e-commerce does not use signs original hand and
"paperless" that e-commerce transactions are carried out without paper so as to create a more
practical business.2

Consumers in conducting e-commerce transactions are very young, can be detrimental to

the goods or services that have been ordered and paid for according to the price determined by
the merchant, but the goods and services not sent are not obtained by consumers as buyers.
Based on the general explanation of Law Number 8 of 1999 concerning Consumer Protection
(UUPK), the main factor that makes consumers 'weaknesses is that consumers' awareness of
their rights is still low. This is due to the low level of education of consumers and consumers,
apparently not having a bargaining position (bargaining position) that is balanced with the
business actors.

The e-commerce producer or merchant book business activities whose substance is

determined unilaterally so that the use of standard agreements whose substance is determined
unilaterally, so that the use of the agreement narrows the bargaining space to consumers, whereas
according to the provisions of Law No. 8 of 1999 concerning consumer protection The
prohibition of business actors to include standard provisions without conditions and an
agreement document in this can give rise to as a new problem that arises in connection with
Pencedereian Consumer Rights. The standard agreement is the compulsion of business actors to
consumers, because there is no bargaining balance in dealing with business actors, so that the
standard agreement model requires that consumers be more careful in determining the choice of
goods marketed online.

1
(https://id.wikipedia.org/wiki/Teknologi_Komunikasi_Dalam_Masyarakat).accessed on 17 December 2018, 04.46
pm.

   Andi Sri Rezky and Nurdiyana, Consumer Protection Law, (Jakarta: Mitra Wacana Media, 2018), page 72
2
 Law No. 11 of 2008 concerning information and electronic transactions (ITE Law) as a
form to respond to the development of cyberspace that is used by merchants and consumers in
trade transactions that often cause losses between the two parties. This buying and selling
transaction via the internet tends to detrimental to consumers that consumers' rights are protected
but are often hurt by business actors.3

FORMULATION OF THE PROBLEM.

From the discussion of the background background above, it can be concluded that the problem
statement is as follows:

1. What is the legal protection for consumers in the e-commerce agreement

2. How is the legal effort for consumers in e-commerce agreements.

WRITING PURPOSE

1. To find out about legal protection for e-commerce consumers.

2. To find out about legal efforts for Indonesian consumers.

RESEARCH METHODS

Normative Law research methods:

- Legal Interpretation
- Legal Construction

Legal protection for consumers in the 1945 Constitution.

Based on the 1945 Constitution the fourth paragraph reads as follows:

   "Then from that to form an Indonesian state government that protects the entire Indonesian
nation", based on protection for consumers, there is another legal basis which is contained in
article 27 paragraph (2) of the 1945 Constitution, which is:

"Every citizen has the right to a decent living for humanity"

The legal foundation in the 1945 Constitution above is a legal basis for all Indonesian citizens to
get their rights to decent livelihoods and protection from the government. If someone is disturbed
by their rights or disturbed by another party, then the government (State tools) will respond and
intervene as requested or not, to protect and or prevent these problems.

The reason that the government needs to participate in providing protection for E-commerce
trading transactions is as follows:
3
Didik M. Arief Mansur dan Elisatris Gultom., 2005, Hukum Cyber, Aspek Hukum Teknologi Informasi, Cet.
Saya, Bandung: PT. Rafika Aditama.
1. To protect the interests of consumers and producers

2. Avoid fraudulent business practices or unhealthy businesses

3. Creating transparency

4. Creating a healthy economic climate

So from that the government as the State organizer, has the obligation and authority to guarantee
the protection of its citizens. In the case of producers and consumers in conducting trade
transactions electronically, so they can realize balance, harmony and harmony between the
parties, both producers for the parties, both producers and consumers.

Consumer Legal Protection in Law Number 8 of 1999 concerning Consumer protection

and Law Number 11 of 2008 concerning Information and Electronic transactions.

The Consumer Protection Act defines that Consumer protection law is as a whole the
principles and rules of law that regulate & protect consumers in relationships and various
problems with the providers of goods or services. The relationship between producers of goods
and or services with consumers gives birth to rights and obligations that Underlying the existence
of responsibility in principle, business actors can be held accountable if a consumer loss occurs
due to defaults of business actors in e-commerce transactions. For example, the businessman /
merchant does not fulfill the agreement at all. there is no legal obligation on the types of
transactions with various mediums, in this case transactions using internet media (E-commerce).
Legal protection for the parties is essentially the role of the government to protect the interests of
producers & consumers in the scope of commerce.4

Law Number 8 of 1999 concerning consumer protection (UUPK) in Indonesia or as a

form of model law in UNOTRAL that can be used to understand legal issues surrounding e-
commerce transactions. Transactions Buying and selling through e-commerce is an agreement
that occurs between the parties is a manifestation of the provisions contained in article 1233 20
article 1234 KUH civil.

Agreement in an e-commerce transaction gives birth to a promise that must be carried out
by business actors in the problems faced by consumers in the transaction of buying and selling
using the internet, among others, the responsibility of business actors to information. Information
is one of the most important commodities for consumers in conducting commercial transactions.
because often times consumers become victims due to acts of being critical and do not question
the existence of such information to help producers determine the product standards that will be
offered to consumers on an ad on the Internet.

The legal provisions governing the form of violations by previous advertising business
actors are not explicitly regulated in the Civil Code, but in article 1473 the Civil Code states that,
4
Undang-undang Republik Indonesia Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik
"the salesperson is obliged to state clearly what he is binding on, all promises that are not clear
and can be given as understanding, must be interpreted for its loss. Therefore, business people
must provide information objectively, explicitly and clearly by advertising businesses. As
stipulated in Law number 11 of 2008 concerning technology and electronic information (ITE
Law) states that parties to a transaction must have good faith.5

Consumer Legal Protection in the Raw Agreement.

Consumer words are not a new thing among the people. In a simple sense, the consumer
means that the user comes from the consumer word. Literally the meaning of the word consumer
is (the opposite of the producer) every person who uses goods. In the English-Indonesian
dictionary, consumers are users or consumers. Furthermore, according to the Large Indonesian
Language Dictionary, consumers are users of production goods or service users (customers). UU
no. 8 of 1999 concerning Consumer Protection provides the formulation of consumers, namely
every person who uses goods and or services available in the community, both for the sake of
themselves, family, other people and other living beings and not for trading.6

In relation to protection of consumers, according to the Big Indonesian Dictionary,

"protection" as a noun is defined as:

1). Shelter; and

  2). things (deeds), etc. protect. The word "protect" (verb) means to make or cause
refuge. Sudikno Mertokusumo argues, "legal protection is a guarantee of rights and obligations
for humans in order to fulfill their own interests and in relations with other humans. The interests
of humans protected by law are usually called rights and giving authority to someone to do an act
can be equated to anyone and vice versa everyone must respect that right ".

Legal protection is an effort regulated in law to prevent violations of law. For this reason,
in order to avoid violations of law that can harm the public interest, it can be done by enforcing
legal rules to ensure that legal protection continues for a certain period of time. Therefore, in
legal protection related to the issue of law enforcement it means that the success of law
enforcement will provide optimal legal protection for the community.At present, protection of
consumers has been specifically regulated in Law No. 8 of 1999 concerning Consumer
Protection, 1999 State Gazette No. 3821. This law is one of the legal instruments that serves as a
guideline and foundation for the Indonesian economy in the face of the era of globalization,
especially in relation to the interests of protection of consumers.
5
Undang-undang Republik Indonesia Nomor 11 Tahun 2008 tentang Informasi dan Transaksi Elektronik.
6
Sriwati, Perlindungan Hukum bagi Pihak dalam Perjanjian Baku, Jurnal Yustika, Vol. III No. 2 Desember 2000
 General Explanation of Law No. 8 of 1999 states that in conditions and phenomena of
unequal position of business actors and consumers, consumers become the object of business
activity to reap the maximum profits by business people through promotional tips, ways of
selling and applying standard agreements that harm consumers.

The main purpose of this law is to empower consumers by increasing the dignity of
consumers. Consumer protection as referred to in this law is any effort that guarantees legal
certainty and protects consumers through the principle of balance. This does not mean that this
law does not protect the rights and interests of producers or business actors. Protection is given
to each party through the regulation of the rights and obligations of each party.

In relation to the standard agreement, the Consumer Protection Law has set limits on the
limits that must be fulfilled by business actors and business actors in offering goods and / or
services produced through standard agreements. This limitation is intended to provide protection
for consumers for the risk of applying standard agreements by business actors. This is regulated
in Article 18 which determines as follows:

1. Business actors in offering goods and / or services intended to be traded are prohibited
from loading or including standard clauses in each document and / or agreement, if:

1. Declare the transfer of responsibility of the business actor.

2. Declare that business actors have the right to refuse the return of goods purchased by
consumers.

3. Declare that business actors have the right to refuse the return of money paid for goods
and / or services purchased by consumers.

4. Declare the power of attorney from the consumer to the business actor, both directly
and indirectly to take all unilateral actions related to goods purchased by the consumer in
installments.

5. Regulate the subject of proof of the loss of the use of goods or the utilization of
services purchased by consumers.

6. Giving rights to business actors to reduce service benefits or reduce consumer assets
that are the object of buying and selling services.

In various documents the implementation of standard agreements in practice, including

those that are applied in parking tickets, insurance policies, funds deposit agreements in the
banking environment, through Article 18 can be given an analysis of the application of the
following standard agreements:

1. Shape and Location

 This section is contained in Article 18 paragraph (2) of the UUPK which stipulates that
business actors are prohibited from including a standard clause whose location or shape is
difficult to see or cannot be read clearly or whose disclosure is difficult to understand.

In the UUPK and its explanation, it is not further specified the standard clause which can
be stated as a clause that is difficult to see, cannot be read clearly and the disclosure is difficult to
understand, even though for legal certainty there needs to be a criterion or reference regarding
standard clauses as stated as a standard clause whose form is difficult to see, cannot be read
clearly and the disclosure is difficult to understand. Considering that there is no explanation, the
effort taken is to make an interpretation of the relevant law.

In an effort to find and determine the will of the legislators against the provisions in
Article 18 paragraph (2) UUPK, grammatical interpretation (taatkundige interpretatie) must be
used, namely the interpretation made of terminology / words or sentence arrangements in a
language context used lawmakers in formulating certain laws and regulations. In interpreting the
contents of Article 18 paragraph (2) UUPK as described above, an interpretation of the words: a)
is carried out. Location; b). Form; c). Be read; and; d). Disclosure; And it turns out that the word
location is meaningful, the place where things are or the position, the circumstances. In the
context of the word layout contained in Article 18 paragraph (2) UUPK, then the meaning of the
word location is the place of things, which in this case is the place of the standard clause.

The word "form" means "curvature, bending, waking up, image, appearance / form,
system / arrangement, form that is displayed (visible), reference or arrangement of sentences,
verb numbers for shaped objects (rings, bracelets, etc.) . In the context of the word "form"
contained in Article 18 paragraph (2) UUPK, the meaning of the word "form" is form or form,
which in this case is the form or form of a standard clause contained in the standard agreement.
In the context of the word "read" contained in Article 18 paragraph (2) of the UUPK above, the
intention is to see and understand the contents of what is written, which in this case is to see and
understand the contents of a standard clause contained in the standard agreement.

While the expressions which are the basic words of "disclosure" means giving birth to a
feeling of heart, showing, proving, revealing, expressing, expressing, describing, explaining
clearly, outlining. In the context of the word "disclosure" in Article 18 paragraph (2) UPK, the
purpose of the word "disclosure" is to explain and explain clearly the purpose of a standard
clause which in this case is the standard clause contained in the standard agreement must clearly
describe and explain the intent and effectiveness of the intended standard clause.

Based on the description above, it can be concluded that the purpose of Article 18
paragraph (2) of the UUPK is a prohibition for business actors to include standard clauses in an
agreement that:

• The existence of these standard clauses in the agreement document is difficult to see.
 • The form or form of the clause in the agreement document is difficult to see.

• It is difficult to clearly see and understand the clause.

• The clause does not explain and explain the content and purpose

7. Declares consumer submission to regulations in the form of new rules, additions,

continuations and / or further changes made unilaterally by business actors during the time
consumers use the services they buy.

8. Declare that consumers authorize business people to impose mortgages, either

mortgage or collateral rights .

Legal Efforts for Consumers in E-Commerce Agreements in Indonesia.

a. Litigation consumer dispute resolution.

Litigation is the process of resolving legal disputes in a court where each party to the dispute gets
the opportunity to file a lawsuit and rebuttal. 7In the litigation process, the parties are
contradictory to each other, in addition litigation dispute resolution is the final case (ultimum
remidium) after the alternative dispute resolution does not produce results.

From the above we can know that litigation is the resolution of a dispute between parties.

b. Non-Litigation consumer dispute resolution

Non-litigation according to Article 1 number 10 of the arbitration law and APS, an alternative
dispute resolution is an institution to settle disputes or differences of opinion through a procedure
agreed upon by the parties namely settlement outside the court by:

- Consultation

- Negotiation

- Mediation

- Conciliation or expert judgment.

Arbitration itself is a way of resolving a civil dispute outside the general court based on
an arbitration agreement made in writing o the parties to the dispute (Article number 1 of the
Arbitration Law & APS), Alternative Dispute Resolution (ADR) is the institution of dispute
resolution or dissent through a procedure agreed upon by the parties, namely the settlement or
appraisal of experts (Article 1 Number 10 of Law Number 30 Year 1999).goods purchased by
consumers in installments.8

7
Kamus Bisnis,diakses dari [ CITATION htt5 \l 1033 ]december 2018, accesed on 05.45 pm
conclusion
Based on the results of the research and discussion of the problems proposed in this study, it can
be concluded as follows: legal protection for consumers who are harmed in electronic
transactions is divided into two forms, namely:

a. Legal protection through the form of a general form of law for every person who
conducts transactions based on Law Number 8 of 1999 concerning consumer
protection and Law Number 11 of 2008 concerning information and electronic
transactions.

b. Legal protection on the basis of agreements made specifically by producers and

consumers of parties in e-commerce trading.

8
Undang-undang Republik Indonesia Nomor 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian
Sengketa.