Vol.4, No.05, Mei 2023

E-ISSN: 2723-6692

P-ISSN: 2723-6595

http://jiss.publikasiindonesia.id/

Jurnal Indonesia Sosial Sains, Vol. 4, No. 05, Mei 2023 432

Legal Protection For Consumers Buying And Selling Electronic

Goods With Defective Products

Ediyanto Arief

, Boy Nurdin

, Azis Budianto

1,2,3

Universitas Borobudur, Indonesia

Email: ediyanto91@gmail.com

, Drboynurdin_ppslaw@yahoo.com

azis_budianto@borobudur.ac.id

Corresponding Author: [email protected]

ARTICLE INFO

ABSTRACT

Submitted

:02-04-2023

Received

:05-04-2023

Approved

:15-04-2023

Abstract. The presence of Regulation Number 8 of 1999 concerning

Purchaser Insurance has concentrated a little since this Regulation

controls the privileges and commitments of business entertainers

and customers so they are safer and are supposed to turn into a

legitimate umbrella for shoppers. Consumers need to know that

they have the right to get protection when dealing with sellers or

producers in conducting trade transactions so that when a loss

occurs on the part of the consumer caused by the seller or

producer, the consumer can demand that the seller or producer be

responsible for the loss suffered by the consumer. The relationship

between sellers as business actors to consumers must be

maintained properly. The seller also knows whether there is

anything to consider before being marketed or sent to consumers

regarding the feasibility of the goods. The eligibility in question is

the condition of the goods by the information submitted by the

seller, according to what is in the advertisement, the seller has

ethics when trading his goods. At the point when a misfortune is

capable by the shopper, on the off chance that the proof states

whether there was a component of mistake, it stays the obligation

of the merchant, as expressed in Article 28 of Regulation Number 8

of 1999 concerning Customer Security.

Keywords: Legal Protection;

Consumer; Buy and sell;

Product Defect.

Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)

1. Introduction

As we move towards the period of globalization and free trade, there is more rivalry for

resources, increased cross-border trade in commodities and/or services, and increased public

demand for knowledge. As a result, more products and/or services are traded in the market. In

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a reciprocal arrangement known as buying and selling, one party (the seller) pledges to

transfer ownership rights to an item, while the other party (the buyer) pledges to pay a price in

the form of a monetary amount in exchange for obtaining ownership rights (Naibaho,

Simangungsong, & Nababan, 2019) .

Because their wants for the desired items and/or services will be met, this circumstance

favors customers. In addition, they can also choose goods and/or services according to their

wishes and abilities. But on the other hand, this condition will force business actors to look for

effective marketing methods to increase consumer buying interest in the goods and/or services

they offer. Thus, efforts to protect consumers are something that is considered important and

absolute (Winoto, 2018) .

Buyers are the people who use products or potentially benefits that are presented in the

public eye, both for their own advantage and that of their families, companions, collaborators,

and other living things, and not with the end goal of exchange, as characterized by Regulation

Number 8 of 1999 in Article 1 Number (Winoto, 2018) . While Article 1 Number 3 expresses

that a business entertainer is any individual or business substance, whether or not it is a legal

entity, that is based in the Republic of Indonesia and has a place of business there or engages in

activities there, either alone or jointly through a contract to organize business activities in

various economic sectors.

Consumers' focus has been slightly narrowed with the passage of Law No. 8 of 1999

concerning Consumer Protection, which governs business actors' and consumers' rights and

obligations to make them more secure and is anticipated to serve as a legal safety net for

consumers. Consumers had no legal protection if they suffered losses, defects, or even death as

a result of ingesting faulty items prior to the passage of Law Number 8 of 1999 concerning

Consumer Protection. Consumers are defined as anyone who uses commodities or services that

are readily available in the community for themselves, their families, or other people, as well as

other living things, and who are not to be exchanged or traded.

The relationship between sellers as business actors and consumers must be maintained

properly. The seller also knows whether there is anything to consider before being marketed or

sent to consumers regarding the feasibility of the goods. The eligibility in question is the

condition of the goods by the information submitted by the seller, according to what is in the

advertisement, the seller has ethics when trading his goods. Consumers initially know the

condition of the goods only from the explanation of the party called the seller as a business

actor so that all aspects regarding consumer trust are left entirely to the seller.

Consumers in the use of a product previously required to be careful. On the other hand, it

also requires business actors, in this case, sellers, to be more careful and honest in selling

goods, and requires factories to be more careful in producing a product that will later be

distributed by sellers so as not to cause harm to consumers because there are several goods. it

can be said to be defective, that is when the goods during their manufacture do not meet the

existing standards, the shape of the goods that are not suitable, or have deficiencies related to

the condition of the goods does not have enough information.

Consumers need to know that they have the right to get protection when dealing with

sellers or producers in conducting trade transactions so that when a loss occurs on the part of

the consumer caused by the seller or producer, the consumer can demand that the seller or

producer be responsible for the loss suffered by the consumer. The problem of consumer

protection has recently received public scrutiny because in practice there are many low-quality

goods produced by producers (Mahawyahrty & Danyathi, n.d.) .

The relationship between sellers as business actors and consumers must be maintained

properly. The seller also knows whether there is anything to consider before being marketed or

sent to consumers regarding the feasibility of the goods. The eligibility in question is the

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condition of the goods following the information submitted by the seller, according to what is in

the advertisement, the seller has ethics when trading his goods (Kusumaningrum, 2016) . This

case occurred in the city of Surakarta where there is a bag and electronic shop named Tas Butik

Solo with an Instagram account Cheap Boutique Solo, which is a facilitator between producers

and consumers who can be called sellers. Electronic items that are still in the box or box cannot

be opened and checked by the buyer at the beginning of the purchasing and selling transaction

between the seller and the consumer, thus the consumer must first purchase the item. The

seller undertakes to provide a warranty to replace the goods if the goods received by the

consumer are damaged or defective.

After one day when the consumer found out that there was a defect in the car, he had

bought, namely, the hill start assist system indicator was not functioning. The consumer

requests compensation for the replacement of goods with new ones against the seller which

results in a loss to the consumer for defects known to the consumer. Then the seller does not

receive a request from the consumer to replace the item by the initial agreement on the pretext

that the item purchased cannot be exchanged/returned. However, the seller only undertakes to

service the goods that have been received by the consumer. The seller charges the service fee

for the goods purchased in full to the consumer which should be the full responsibility of the

seller. From the outset, the seller is entirely responsible for the things being transferred.

According to Article 28 of Law No. 8 of 1999 Concerning Consumer Protection, when a loss is

experienced by the consumer, if the evidence indicates whether or not there was an element of

error, it remains the seller's obligation.

The actions of business actors that cause harm to consumers will affect economic

development in general. Business actors in producing certain goods must be honest in

providing information through the labels of their products to consumers. Business actors must

control before the goods are distributed so that consumers get the best product from the

product they choose. In a healthy business, unfair business practices (unfair trade practices)

are strictly prohibited (Holijah, 2014) . However, due to the position of business actors who are

in a stronger position, both economically and in terms of power (bargaining power, bargaining

position) compared to consumers, consumers need advocacy assistance, protection, and efforts

to resolve disputes properly over consumer rights.

The issue in this essay is how to provide legal protection for customers purchasing and

reselling electronic products with flaws.

1. Materials and Methods

Method

This applied paper was written utilizing the descriptive analytical method, which entails

using information that precisely explains problems that exist in the real world before

conducting an analysis and coming to a solution. Observational and research-based data

gathering techniques were used to gather problem-solving information for this publication.

In line with the research objectives to be achieved, the realm of this research is included in

the realm of qualitative research, thus a qualitative approach method will be used. According to

Petrus Soerjowinoto et al., a qualitative method is a method that emphasizes the process of

understanding researchers on the formulation of problems to construct a complex and holistic

legal phenomenon (Soerjowinoto, 2006) .

Approach

Sociological legal theory, or the legal approach method used to investigate issues from a

legal and systematic point of view and as a guide to principles that can be used as a basis for

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assessing emerging legal phenomena. Finding problems, recognizing problems, and finding

solutions to problems are the first steps in the sociological approach, which is the method used

to examine a problem in society or the community environment. This study describes the

condition of the object under study, namely focusing on how legal protection for consumers

buying and selling electronic goods with defective products is in practice (Soemitro, 1990).

2. Results and Discussions

Legal Protection for Consumers Buying and Selling Electronic Goods with Defective

Products.

Satjipto Raharjo cites Fitzgerald as saying that this notion of legal protection has its roots

in natural law theory or the school of natural law. The inventors of this flow were Plato,

Aristotle (a Plato disciple), and Zeno (founder of the Stoic school). Natural law dictates that

morality and law cannot be separated because they come from the same source, the everlasting

and all-powerful God. This school's followers believe that morality and law reflect and govern

human life, which is expressed through these two things, both internally and outside (Rahardjo,

2009) .

Fitzgerald outlined Salmond's theory of legal protection, according to which the goal of

law is to integrate and coordinate various social appeals because, in a society where interests

are traded, protecting one set of interests can only be accomplished by imposing restrictions on

other parties' differing interests. Regulation has a definitive power to figure out which human

interests should be controlled and shielded in light of the fact that it manages common liberties

and interests. Legitimate insurance should inspect the stages as a whole, including lawful

security coming about because of a lawful arrangement and all regulations passed by the local

area, which are arrangements to control how individuals act toward each other and the public

authority, which is remembered to address the interests of the local area (Priyatno &

Aridhayandi, 2018) .

As per Article 45 Section 2 of Regulation No. 8 of 1999 Concerning Customer Security,

buyer debates might be settled in court or beyond court at the gatherings' willful

circumspection. Thus, the parties are given the authority to choose in resolving their problems

both through the courts and outside the court. If the parties choose the out-of-court route,

BPSK will be authorized to resolve the dispute. The rise of cases regarding buying and selling

transactions that ultimately harm consumers, or fraud and even dissatisfaction experienced by

consumers for the goods/services offered, thus requiring the Government to immediately

establish a dispute resolution institution. The existence of BPSK makes it easier for the

community to solve the problems they face.

The Consumer Dispute Settlement Agency (BPSK), along with nine other BPSKs in other

towns and regencies, was founded on November 1, 2002, and its founders were recognized by

Presidential Decree. The Minister of Industry and Trade Decrees number 301/2001 on the

appointment and firing of BPSK members and number 350/2001 about the implementation of

the tasks and powers of the consumer dispute resolution agency later enhanced the

Presidential Decree (KEPRES). The Consumer Dispute Settlement Agency (BPSK) is a special

consumer court (small claim court), and only one judge hears cases there. Lawyers acting as

representatives of the disputing parties are not allowed to attend in person. According to Law

No. 8 of 1999 about the Consumer Protection Act Article 49, paragraph 1, the body was

established in each Level II Region, and its members come from the government, consumers,

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and company performers.

The low level of public knowledge has led to the rise of irresponsible business actors.

Product responsibility is a legal conception whose essence is intended to protect consumers.

Liability for defective products is different from liability for items that we are familiar.

Responsibility for products, goods, and services places the burden of proving the product on

the business actor making the product (manufacturer). It is obvious from the arrangements of

Article 22 of Regulation No. 8 of 1999 Concerning Customer Assurance that it is the obligation

and obligation of the business entertainer to lay out whether there is a component of blunder in

this present circumstance. As per the gatherings' free decision, purchaser questions might be

settled in court or beyond court, as per Article 45, Section 2, of Customer Security Regulation

Number 8 of 1999. It demonstrates that settling buyer issues takes out the opportunity of a

commonly pleasing goal between the gatherings to the debate.

At every level, efforts are made to use a peaceful settlement by both sides to the conflict.

So, the parties can opt to settle their disagreement through negotiation rather than through the

filing of a lawsuit. Seeing several cases that have happened to consumers, where losses can

come from defective products, allows consumers to experience losses that are unreasonably

experienced when the product is consumed or used. The loss could be in disability or even

death for the user of the product. To protect consumers from this situation, the government is

obliged to think about various policies whose direction is to protect the public as consumers.

Purchaser security is similar to the insurance given by regulation seeing buyer freedoms

as referenced in Article 4 of Regulation Number 8 of 1999 about Customer Assurance, which

means that protection is not just physical protection but also abstract rights. Thus, the state's

legal protection of consumers must be adopted right away within the context of economic

activity. Remember that consumer protection must be one of the top priorities because it is

intimately tied to the public's health and safety as consumers.

Shopper insurance depends on benefits, equity, equilibrium, security, and wellbeing in

Article 2 of Consumer Protection Law Number 8 of 1999, as well as legal certainty. So, the

presence of consumer rights can enhance the quality of goods and services provided to

customers, especially if those who violate those rights are subject to the consequences set forth

in articles 60, 61, and 63, thus:

1. Business actors that breach Article 19 Paragraphs 2 and 3, Article 20, Article 25, and

Article 26 may face administrative consequences from the Consumer Dispute

Resolution Agency.

2. A maximum compensation of Rp 200,000,000.00 (two hundred million rupiahs) may

be used as administrative punishment.

3. Statutory regulations will further govern how the administrative sanctions mentioned

in paragraph 1 are determined.

The existence of an imbalance in the position of consumers and business actors, both from

an economic and technical point of view, really needs to be bridged through various

institutional and legal instruments as well as other efforts aimed at enabling consumers to

consume the goods and/or services they want in a safe and protected manner.

Every consumer who feels aggrieved by business actors can complain about their

problems to BPSK, either directly, represented by their attorneys or their heirs. Complaints

submitted by their attorneys or heirs can only be made if the consumer in question is sick,

deceased, elderly, immature, or a foreign citizen.

Dispute resolution at BPSK essentially aims to obtain compensation for consumers. As for

the loss to consumers due to defects in production goods, the benefits of these goods are less

than optimal. To ensure that the losses suffered by customers won't recur or be repeated,

consumer disputes that are resolved outside of court must come to an agreement on the type

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and magnitude of the loss as well as on specific steps. The purpose of the Consumer Dispute

Resolution Agency is to reduce the impact of conflicts and foster ongoing positive relationships

between corporate actors and customers.

The Consumer Dispute Settlement Agency experiences obstacles in handling existing cases

because consumers feel more resigned. Increased protection measures are necessary for

customers who experience significant losses in order to uphold consumer rights. On the other

hand, it should be underlined that while producers' enterprises are crucial to the nation's

economy, it is not acceptable to destroy them in the name of safeguarding consumers. In order

to prevent consumer protection from having the opposite effect, where consumers get stronger

while producers become weak, measures that protect consumers and producers are balanced.

Also, producers must be able to cover their dependents who depend on these consumers in

order to protect themselves from losses caused by consumer provisions.

Based on the interviews, the authors obtained an explanation that BPSK had handled

disputes over defects in production goods, because they had violated Article 8 paragraphs 1 to

4 of the UUPK, namely:

1. Business actors are not allowed to create or exchange products or services that:

a. does not fulfill the requirements of the laws and regulations or comply with their

provisions;

b. Not in view of the sum in the consider expressed on the name or mark of the

merchandise, net weight, net substance, or net weight;

c. Not following the size, measure, scale, and number in the calculation as per the

real size;

d. Not by the circumstances, ensures, elements, or viability as expressed in the name,

title, or portrayal of the products as well as administrations;

e. Not by the quality, grade, structure, handling, design style, or certain purposes as

expressed in the mark or depiction of the products or potentially benefits;

f. Not by the commitment expressed in the name, manners, portrayal, commercial,

or deals advancement of specific products and additionally benefits;

g. Does exclude the lapse date or the best use/usage period for specific

merchandise;

h. the rules for halal creation as determined in the "halal" articulation on the mark;

i. Not connecting a mark or making a depiction of the merchandise containing the

name of the products, size, net or net weight/content, structure, utilization

directions, date of production, incidental effects, name and address of the business

entertainer, and other data for the utilization which as per the arrangements

should be introduced/made;

j. does not contain data about how to involve the items as per the appropriate

regulations and guidelines in Indonesia.

2. It is illegal for finance managers to exchange hurt, defective, utilized, or debased products

without giving full and precise insights regarding the previously mentioned merchandise.

3. Entrepreneurs are prohibited from managing harmed, damaged, or utilized and debased

drug and food arrangements, regardless of providing total and right data.

4. Business people who resist passages (Naibaho et al., 2019)

5. and (Winoto, 2018) are prohibited from exchanging the previously mentioned products

as well as administrations and are expected to eliminate them from course.

Security of clients is critical, given the undeniably fast speed of science and innovation is

the main thrust for the efficiency and proficiency of makers of the merchandise and

additionally benefits they give to arrive at business points. Consumers are typically the ones

who experience the effects of pursuing and achieving these two things, either directly or

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indirectly.(Imaniyati, 2000)

3. Conclusion

Consumer protection is a fairly basic problem in the constellation of national development

in a country, including Indonesia. According to the study's findings, customers are protected by

Law No. 8 of 1999's article 2, which states that they are entitled to benefits, justice, balance,

consumer security and safety, as well as legal certainty. Consumers should be given this

guarantee of consumer protection when they buy any food item from manufacturers or

commercial entities.

As indicated by Article 19 section (Naibaho et al., 2019) of Regulation No. 8 of 1999

Concerning Shopper Security, business entertainers are committed to give remuneration to

mischief, contamination, as well as buyer misfortunes coming about because of the utilization

of items and additionally benefits delivered or moved. The installment of pay should be made

inside 7 (seven) days of the exchange date. This is in accordance with Article 19 paragraph 2's

requirement that compensation be paid within 7 (seven) days of the transaction date. There

won't be a consumer dispute if the company actor delivers reimbursement within 7 (seven)

days.

4. Bibliography

Holijah, Holijah. (2014). Pengintegrasian Urgensi dan Eksistensi Tanggung Jawab Mutlak

Produk Barang Cacat Tersembunyi Pelaku USAha dalam Undang-undang Perlindungan

Konsumen di Era Globalisasi. Jurnal Dinamika Hukum, 14(1), 176–188.

https://doi.org/10.20884/1.jdh.2014.14.1.286

Imaniyati, Husni Syawali dan Neni Sri. (2000). Hukum Perlindungan Konsumen. Bandung:

Mandar Maju.

Kusumaningrum, Anggraeni Endah. (2016). Perlindungan Hukum Konsumen Terhadap Barang

Yang Tidak Layak Edar. JURNAL ILMIAH HUKUM DAN DINAMIKA MASYARAKAT, 9(2).

https://doi.org/10.56444/hdm.v9i2.305

Mahawyahrty, Ni Ketut Esa Savitri, & Danyathi, Ayu Putu Laksmi. (n.d.). PERLINDUNGAN

HUKUM TERHADAP KONSUMEN DALAM TRANSAKSI PERDAGANGAN BARANG CACAT

TERSEMBUNYI MELALUI INTERNET.

Naibaho, Khepin, Simangungsong, Marthin, & Nababan, Roida. (2019). Perlindungan Hukum

Bagi Konsumen Atas Barang Rusak Dalam Perjanjian Jual Beli Barang Elektronik. Jurnal

Hukum Patik, 8(2), 125–136.

Priyatno, Dwidja, & Aridhayandi, M. Rendi. (2018). Resensi Buku (Book Review) Satjipto

Rahardjo, Ilmu Hukum, Bandung: PT. Citra Aditya, 2014. Jurnal Hukum Mimbar Justitia,

2(2), 881–889.

Rahardjo, Satjipto. (2009). Penegakan hukum: suatu tinjauan sosiologis.

Soemitro, RH. (1990). Metodologi penelitian hukum dan jurimetri.

Soerjowinoto, P. (2006). Buku Pedoman Metode Penelitian Karya Hukum & Skripsi.

Winoto, Agung. (2018). Perlindungan Hukum Bagi Konsumen Terhadap Produk Elektronika

yang Tidak Disertai dengan Kartu Jaminan/Asuransi Purna Jual dalam Bahasa Indonesia.

Universitas Sumatera Utara.