PAPERS

ANALYSIS OF LEGAL CONSUMER PROTECTION IN ZICO LEONARD

DJAGARDO SIMANJUNTAK'S LAWSUIT AGAINST GRAB INDONESIA

LECTURER:

Dr. Natalia Yeti Puspita, SH, M.Hum .

PREPARED BY:

Dewa Made Yuda Dwi Artana 2214101179

LAW STUDY PROGRAM

GANESHA UNIVERSITY OF EDUCATION

SINGARAJA

2022
 FOREWORD

Praise be to God Almighty, because it is by His will that we were able to complete
this paper in a timely manner. Paper are prepared to fulfill the assignments of the Introduction
to Legal Science Course. In addition, this paper aims to increase the insight of anyone who
reads and studies it.

Me as a student who has completed this paper, would like to thank Mrs. Dr. Natalia
Yeti Puspita, SH, M.Hum . as a lecturer in the Introduction to Legal Science course. We
realize this paper is far from perfect. Therefore, constructive suggestions and criticisms are
expected for the perfection of this paper. Finally, I hope that this paper will bring benefits to
fellow students and learners at Ganesha University of Education.

Singaraja, December 20, 2022

writers

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 TABLE OF CONTENT
FOREWARD ...................................................................................................................... i
TABLE OF CONTENT ...................................................................................................... ii
CHAPTER 1 INTRODUCTION ........................................................................................ 1
1.1 Background .............................................................................................................. 2
1.2 Problem Formulation ............................................................................................... 2
1.3 Purpose of the papers ............................................................................................... 2
1.4 Benefit of the papers ................................................................................................ 2
CHAPTER 2 DISCUSSION ............................................................................................... 3
2.1 Consumer Protection Law ........................................................................................ 3
2.2 The Basic Concept of Legal Science and relation to the Zico and Grab Indonesia
cases ............................................................................................................................... 3
2.2.1 Legal Subject .................................................................................................. 4
2.2.2 Legal Object ................................................................................................... 4
2.2.3 Rights ............................................................................................................. 4
2.2.4 Obligations ..................................................................................................... 5
2.2.5 Legal Relations............................................................................................... 5
2.2.6 Legal Events ................................................................................................... 5
2.2.7 Legal Actions ................................................................................................. 6
2.2.8 Legal Sanction ................................................................................................ 6
2.2.9 Justice ............................................................................................................. 6
2.3 The relationship between consumer protection legal cases at Zico and Grab
Indonesia with legal functions ....................................................................................... 7
2.3.1 A Tool of Social Control ................................................................................ 7
2.3.2 A Tool of Social Engineering ........................................................................ 7
CHAPTER 3 CLOSING ..................................................................................................... 8
3.1 Conclusion................................................................................................................ 8
3.2 Recommendations .................................................................................................... 8
BIBLIOGRAPHY ............................................................................................................... 9

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 CHAPTER 1
INTRODUCTION
1.1 Background
Rapid economic development can certainly produce more types and variants of
services or goods. With the support of technology and information, space expansion,
movement and transaction flow of goods or services have crossed national boundaries. With
this, consumers are ultimately faced with a wide choice of types of goods and services.
Conditions like this, on the one hand, benefit consumers, because the need for the desired
goods or services can be fulfilled with a variety of choices. The helplessness of consumers in
dealing with producers is clearly very detrimental to the interests of the people. Therefore a
law was made that could protect a consumer1.

Recently, the law on consumer protection has received quite a bit of attention because
it contains rules that can prosper and also provide protection to the community as consumers
and business actors as producers. Consumer protection law is the overall principles and rules
that regulate and protect consumers in the relationship and issues of providing and using
consumer products between providers and their users in society. The position of consumers
who can be said to be weak should receive legal protection, bearing in mind that the purpose
of the law itself is to provide protection (protection) to the community. Az. Nasution (in
Kristiyanti, 2022: 13) argues that consumer law contains principles or rules that are
regulatory and also contain properties that protect consumer interests2.

There are several cases regarding consumer protection laws in Indonesia, one of
which is the case of PT Solusi Transportasi Indonesia (Grab) which was sued by a customer
named Zico Leonard Djagardo Simanjuntak at the Central Jakarta District Court on Tuesday,
September 3 2019. The lawsuit started when PT Solusi Indonesian Transportation (Grab) as
Defendant 1 held a challenge program. In this program each consumer can choose various
types of challenges. For those who have completed the challenge, Grab will give prizes.
However, after Zico successfully completed the challenge the promised prize did not come
and was only given when Grab was sued by Zico3.

1
Zulham. (2013). Hukum Perlindungan Konsumen. Jakarta: Kencana.
2
Kristiyanti, C. T. (2008). Hukum Perlindungan Konsumen. Jakarta: Sinar Grafika.
3
Arfana, N. T. (2022, Maret 15). Ungkit Kembali Kasus Grab, Zico Leonard Uji UU Perlindungan Konsumen.

1
 The case can be analyzed based on some material in the Introduction of Legal Science
course. In order to find out the results of the analysis and their relation to the material in the
Introduction of Legal Science course, this paper has been prepared.

1.2 Problem Formulation

Based on the explanation regarding consumer protection law above, the following
formula is obtained:

1. What is consumer protection law?

2. What is the value of The basic concept of Legal Science contained in the consumer
protection law case against Zico and Grab Indonesia?
3. How is the connection between the consumer protection law cases at Zico and Grab
Indonesia with the function of law as "a tool of social control" and "a tool of social
engineering"?
1.3 Purpose of the paper
Based on the formulation of the problem above, the purpose of making this paper is as
follows:
1. To know what consumer protection law is
2. To find out what The basic concept of Legal Science is and its value in the case of
consumer protection at Zico and Grab Indonesia.
3. To find out how the consumer protection law cases related to Zico and Grab Indonesia are
related to the function of law as "a tool of social control" and "a tool of social engineering"
1.4 Benefits of Papers

Theoretical Benefits:
1. Provide information and add insight into what consumer protection law is, The Basic
Concept of Legal Science, the function of law as "a tool of social control" and "a tool of
social engineering"
2. Can provide knowledge to the public, what is consumer protection law, The Basic Concept
of Legal Science, the function of law as "a tool of social control" and "a tool of social
engineering"

Practical Benefits:
1. Provide advice to the public and related government on what to do in an effort to
overcome problems related to consumer protection law cases.

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 CHAPTER 2
DISCUSSION
2.1 Consumer Protection Law
The term "consumer protection" relates to legal protection. Therefore consumer
protection contains legal aspects. The material that gets protection is not just physical, but
more specifically the rights that are abstract in nature. In other words, consumer protection is
actually synonymous with the protection provided by law for the rights of a consumer. The
definition of consumers, as a formal juridical definition is found in Law no. 8/1999
concerning UUPK which in article 12 stipulates: Consumers are everyone, users of goods/or
services available in society, both for their own interests, other people's families, and other
living things, and cannot be traded. Furthermore, consumer law can be interpreted as: the
overall principles and rules of law governing relationships and problems between various
parties with each other related to consumer goods and services, in social life. Due to the weak
position of the consumer, he must get some protection by law. One of the characteristics, as
well as the purpose of the law is to provide protection to the community. Shidarta is of the
opinion that actually consumer law and consumer protection law are two areas of law that are
difficult to separate and draw boundaries from. The aspect of protection, for example, is how
to defend consumer rights against interference from other parties.
In article 1 number 1 UUPK, the definition of consumer protection is given: All
efforts that guarantee legal certainty to provide protection to consumers. Observing the
principles and objectives contained in the Consumer Protection Act ( Law No. 8 of 1999 ) it
is clear that this law carries a big and noble mission in the life of the nation and state. To
realize the goal of consumer protection as stipulated in the Consumer Protection Law, the
government is responsible for fostering the implementation of consumer protection4.
2.2 The Basic Concept of Legal Science and its relation to the Zico and Grab Indonesia
cases
Legal science is a science that seeks to examine the law. Legal science is a science
that examines and analyzes not only law as a norm but also law in reality. In law there is a
basic concept called the basic concept of legal science. The Classification of Basic Concepts
in Legal Studies and its relation to the Zico and Grab Indonesia cases are as follows:

4
Rudy, D. G., Sarjana, I., & Putrawan, S. (2016). Buku Ajar Hukum Perlindungan Konsumen. Denpasar.

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2.2.1 Legal Subject
Legal subject is everything that according to law can have rights and obligations or as
a supporter of rights and obligations. Based on the type, there are two legal subjects, namely
humans (natuurlijke person) and legal entities (rechts person). Specifically regarding legal
entities, according to the law legal entities can be divided into two, namely public legal
entities (village, district/city, province, and country) and private or private legal entities (PT,
Cooperatives, and foundations)5. According to Hans Kelsen, legal subjects are the holders of
rights and obligations which include humans and other entities (business entities, city and
state governments). In connection with the cases of Zico and Grab Indonesia, both of them
are legal subjects, because in that case Zico is a human being as a holder of rights and
obligations and Grab Indonesia is a company that is included in a civil or private legal entity
because it has assets, rights and obligations such as private people.
2.2.2 Legal Object
Legal objects are anything that is useful for legal subjects and can be the subject of a
legal relationship carried out by legal subjects. Legal objects can also be referred to as rights
or objects that can be controlled or owned by legal subjects. Legal objects are all objects that
are objects in every legal relationship. In the case of Zico and Grab Indonesia, the legal object
is a prize in the form of money promised by Grab Indonesia when the challenge has been
completed. This money was something that made this case happen and became the object of
Zico and Grab Indonesia's problems, which started with Grab Indonesia not giving the prize
money when Zico had completed the challenge given by Grab Indonesia.
2.2.3 Rights
The right is the power to receive or do something that we should accept or can be said
to be something we always do and other people may not take it away whether by force or not.
Based on the consumer protection case, Zico and Grab Indonesia also have rights in it.
According to Zico, Grab's unilateral change of regulations when Zico had completed his
challenge had violated Article 18 paragraph 1 letter G of the Consumer Protection Act ,
namely "declaring consumer compliance with regulations in the form of new rules, additions,
continuations and/or further changes made unilaterally by business actors when consumers
use the services they buy. Apart from that, because they feel they are not getting the prize that
should be obtained from Grab, it also violates Article 13 paragraph 1 of the Consumer
Protection Act which states that "Businesses are prohibited from offering, promoting or

5
Syamsuddin, R. (2019). Pengantar Hukum Indonesia. Jakarta: Kencana.

4
advertising goods and/or services by promising to give gifts in the form of goods and / or
other services free of charge with the intention of not providing them or not providing them
as promised. Zico as a consumer has his right to sue Grab Indonesia for this violation.
2.2.4 Obligations
Obligation is an action that must be carried out by someone with full responsibility for
certain problems, both morally and legally in order to get their rights. On the other hand, it
could be an obligation, something that must be done when you have obtained a right.
Regarding obligations, in the cases of Zico and Grab Indonesia, at first Grab did not carry out
its obligation to provide prizes to consumers who had completed challenges, namely Zico.
Even though his rights have been fulfilled, namely Zico who has completed the challenge.
However, in the end Grab Indonesia carried out its obligation to give gifts to Zico when Zico
sued him.
2.2.5 Legal Relations
According to Soeroso Legal relationship is a relationship between two or more legal
subjects, in this legal relationship the rights and obligations of one party deal with the rights
and obligations of the other party. Law as a set of rules governing social relations gives a
right to legal subjects to do something or demand something that is required by that party.
And the implementation of these authorities or rights and obligations is guaranteed by law.
Based on this, in the previous consumer protection case there was a legal relationship because
there was a relationship between the two legal subjects. Where the first is Zico and the
second is Grab Indonesia. Both are holders of rights and obligations, therefore they are
referred to as legal subjects. The rights and obligations of the two also face each other, where
in this case Zico is demanding his rights as a consumer and Grab Indonesia is required to
fulfill his obligations as a producer.
2.2.6 Legal Events
In everyday life, there may be many events, including events that bring legal
consequences. Events that bring these legal consequences are called legal events. According
to Satjipto Rahardjo, a legal event is an event in society that sets in motion a certain rule, so
that the provisions contained therein are realized. In the case of Zico and Grab Indonesia, of
course, this is included in a legal event, because according to Zico, Grab's actions have
violated Article 18 paragraph 1 letter G of the Consumer Protection Act and Article 13
paragraph 1 of the Consumer Protection Act. This is what makes the existence of a movement
of the rule of law, especially in consumer protection law.

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2.2.7 Legal Actions
According to R. Soeroso, legal action is any human action that is done intentionally to
give rise to rights and obligations. A legal action is any act of a legal subject (a human or a
legal entity) whose consequences are regulated by law, because those consequences can be
considered as the will of those who carry out the law6. In the previous case, it was a legal act
because it created an obligation for Grab Indonesia, which should have given a gift to Zico,
and a right from Zico, who had to get the prize, but was not given, then Zico exercised his
right as a citizen to report this right based on the Consumer Protection Act. .
2.2.8 Legal Sanction
A legal sanction is a punishment or coercive measure given because the person
concerned fails to comply with a law, rule or order. In general, the term used to refer to all
types of sanctions, whether in the realm of civil, administrative, disciplinary or criminal law,
is punishment. Based on the laws and regulations that apply in Indonesia in general, at least
three forms of legal sanctions are imposed, namely; Criminal sanctions are used in imposing
a sentence on someone who is proven guilty of committing a criminal act, civil sanctions are
used when causing harm to someone affected by these laws and regulations, and
administrative sanctions are sanctions used for someone who is proven to have violated an
administrative act. With regard to legal sanctions, previous consumer protection law cases
were included in civil cases because one party was harmed, namely Zico and the sanctions
given must also be civil sanctions in accordance with the losses suffered.
2.2.9 justice
Discussing law is discussing the relationship between humans, discussing human
relations is discussing justice. Justice is essentially treating a person or other party according
to their rights and obligations. What is the right of every person is to be recognized and
treated in accordance with the same dignity and degree, the same rights and obligations,
regardless of ethnicity, degree, descent, wealth, education or religion. In the cases of Zico and
Grab, the value of justice has been implemented because the rights and obligations that must
be obtained and carried out by legal subjects have been obtained by each of these legal
subjects. As the meaning of justice itself is to treat someone according to their rights and
obligations, therefore in this case it can be said to be fair. (Mawardi, 2015)

6
R. Soeroso. 2011. Pengantar Ilmu Hukum. Jakarta: Sinar Grafika, Hlm. 269

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2.3 The relationship between consumer protection legal cases at Zico and Grab
Indonesia with legal functions
The function of law is as a medium for regulating social interaction. In these
arrangements there are instructions regarding what to do which may and may not be done in
the hope that everything will run in an orderly and orderly way7. There are several legal
concepts known in law, including: a tool of social control and a tool of social engineering.
The following is an explanation of the legal concept and its relation to the consumer
protection case against Zico and Grab Indonesia:
2.3.1 A Tool of Social Control
In the case of Zico and Grab Indonesia, Zico, who initially did not get his rights in the
form of a challenge prize and Grab Indonesia did not fulfill its obligation to give Zico a
challenge prize, finally changed and Grab Indonesia gave the promised prize to Zico. This is
certainly related and is a concrete manifestation that law can be used as a tool to control
society. Consumer protection law, especially in Article 18 paragraph 1 letter G and Article 13
paragraph 1 which according to Zico as a consumer was violated by Grab Indonesia as a
producer can control Grab Indonesia to grant rights that must be received by Zico through
legal rules or laws used to sue. This means that the law can provide behavioral boundaries for
the public, including companies that are deemed to have deviated from the rule of law, and
what are the consequences (sanctions) of these deviations. In addition, this also means that
the law can control a society so that it behaves according to the norms and does not violate
existing rules and prohibitions.
2.3.2 A Tool of Social Engineering
Based on the function of law as "a tool of social engineering", where law is a means
of social engineering or a tool to change society to create changes in people's social life
towards planned progress. Law in its function of carrying out social engineering is to create
certain conditions that lead to the achievement of legal objectives. In this regard, the
existence of a Consumer Protection Act is to change or manipulate society in order to create a
change in people's lives for the better. This is also to engineer so that consumers in a society
can get their rights and get a legal protection through the Consumer Protection Act. In
addition to being able to manipulate the public, the consumer protection law can lead to the
achievement of legal objectives, one of which is justice.

7
Mawardi, D. (2015). Fungsi Hukum Dalam Kehidupan Masyarakat. Jurnal Masalah-Masalah Hukum, 44(3),
275.

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 CHAPTER 3
CLOSING
3.1 Conclusion
1. The position of a consumer who can be said to be weak should receive legal protection,
considering that the purpose of the law itself is to provide protection. Consumer protection
law is regulated in Law no. 8 of 1999 . Consumer protection law is the overall principles
and rules that regulate and protect consumers in the relationship and issues of providing
and using consumer products between providers and their users in society. Consumer
protection law are two areas of law that are difficult to separate and draw boundaries from.
The aspect of protection, for example, is how to defend consumer rights against
interference from other parties.
2. Legal science is a science that examines and analyzes not only law as a norm but also law
in reality. In law there is a basic concept called the basic concept of legal science. The
Classification of Basic Concepts in Legal Studies, namely: legal subject, legal object,
rights, obligations, legal relationship, legal action, legal events, legal sanctions, and
justice. All of these elements will relate to every legal case, not least in the consumer
protection law cases at Zico and Grab Indonesia. In this case, there are all elements of the
basic concepts of legal science.
3. The function of law is as a medium for regulating social interaction. There are several
legal concepts known in law, including: a tool of social control and a tool of social
engineering. Both of them are related to consumer protection law cases against Zico and
Grab Indonesia. First, the law as a tool to control society is related to Grab Indonesia
which is controlled by a rule to carry out its obligation to give Zico a challenge prize.
Second, law as a tool to manipulate society related to Law no. 8 of 1999 concerning
consumer protection which can manipulate society towards planned progress which is of
course even better
3.2 Recommendations
By making this paper, it is hoped that readers will understand more about consumer
protection law. This paper is expected to educate the public about the importance of
consumer protection law for people whose position is as a consumer.

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 BIBLIOGRAPHY
R. Soeroso. 2011. Pengantar Ilmu Hukum. Jakarta: Sinar Grafika, Hlm. 269
Arfana, N. T. (2022, September 7). Ungkit Kembali Kasus Grab, Zico Leonard Uji UU
Perlindungan Konsumen. p. 1. Retrieved from
https://www.mkri.id/index.php?page=web.Berita&id=18045
Kristiyanti, C. T. (2008). Hukum Perlindungan Konsumen . Jakarta: Sinar Grafika.
Mawardi, D. (2015). Fungsi Hukum Dalam Kehidupan Masyarakat. Jurnal Masalah-
Masalah Hukum, 44(3), 275. Retrieved from
https://ejournal.undip.ac.id/index.php/mmh/article/download/12912/9706
Rudy, D. G., Sarjana, I., & Putrawan, S. (2016). Buku Ajar Hukum Perlindungan Konsumen.
Denpasar.
Syamsuddin, R. (2019). Pengantar Hukum Indonesia. Jakarta: Kencana.
Zulham. (2013). Hukum Perlindungan Konsumen. Jakarta: Kencana.