Legal Protection for Consumers from Misleading Information on Goods and Services in the Perspective of Consumers Protection Laws
Gde Oka Wisnumurti; Ni Wayan Arwati; Simon Nahak; I Made Sepud
Universitas Warmadewa
Abstract
The study examines two issues: (1) 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 (2) 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 The study makes use of empirical legal design and the issues are explored based on the condition of 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 stipulated through legislation that is Law Number 8 of 1999 concerning Consumer Protection, especially in the articles governing advertising in the Consumer Protection Act, those are Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. Thus, the rights and interests that have been stipulated 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 committed can be proven.
Keywords: Legal Protection, Goods and/or Services, Misleading Information
Topic: Law in tourism