LEGAL PROTECTION FOR CONSUMERS FROM MISLEADING INFORMATION ON GOODS AND SERVICES IN THE PERSPECTIVE OF CONSUMER PROTECTION LAWS
Ni Wayan Arwati; Simon Nahak and I Made Sepud
Magister of Law, Universitas Warmadewa
Abstract
Consumer protection is an integral part of fair business activities. In fair business activities there is a balance of legal protection between consumers and producers. The dearth of balanced protection will lead the consumers to be in a weak position. Losses experienced by the consumers can arise as a result of the relationship of law agreements between producers and consumers, as well as a result of unlawful acts committed by the producers. In this study there are two problems examined, namely: what are the forms of legal protection for consumers from misleading information on goods and / or services in the Decision Number 391/Pid.B/2016/PN.Dps and what are criminal liabilities of business actors for the misleading information on goods and / or services in terms of the provisions of Law Number 8 of 1999 concerning Consumer Protection in Decision Number 391/Pid.B/2016/PN.Dps? This type of research belongs to empirical legal research because the issues exploration is based on the condition that there are gaps between das sollen -expectation- and das sein -reality-. The approaches used are case approach, statute approach, and empirical approach. Legal protection for the consumers from misleading information regarding goods and / or services is regulated through legislation, namely Law Number 8 of 1999 concerning Consumer Protection, especially in the articles governing advertising in the Consumer Protection Act (or UUPK), among others: Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. Thus, the rights and interests that have been regulated are given protection and legal certainty for consumers. Criminal liabilities of business actors against the misleading information about goods and / or services when viewed from Law Number 8 of 1999 concerning Consumer Protection are adjusted to the form of criminal liability that can be borne by the business actors and / or their administrators on the condition that the offense commited can be proven. The criminal threat to the business actor or its management is explained in Article 62 paragraph (1). In addition to criminal liability, the decision Number 391/Pid.B/2016/PN.Dps against Defendant I KETUT SURANATA is proven, legally and convincingly, guilty of committing a crime by intentionally circulating information on pharmaceuticals that do not have marketing licenses, and the panel of judges of the Denpasar District Court sentenced the the said Defendant with imprisonment for 6 months.
Keywords: Legal Protection, Goods and/or Services, Misleading Information
Topic: Law in tourism