CHAPTER I
INTRODUCTION
The consumer is Often lose in case variety, like fixed pricing, predatory pricing, distortion of markets, quality services to consumer, sources and allocation is not efficient.
In the global economy of the area, distance between producer with the consumer is refraction, in the digital area producer can sell the product to some countries by electronic busine
ss, distance selling, e-commerce, and online marketing without trade barriers from the country of the buyer. Advance of information technology is more faster, sets of law claim is roomates have continued to be appropriate with dynamics and change of the period, include the problem of consumer protection in law of Indonesia roomates poured forth in Law no. 8, 1999. Weakness of Implementations of act about consumer protection, in the reality is usage by the global entrepreneur sells their product for unsafe and understandard. This condition is more bad, weakness and no available consumer education toward bad effects from unsafe and understandard useful good.
ss, distance selling, e-commerce, and online marketing without trade barriers from the country of the buyer. Advance of information technology is more faster, sets of law claim is roomates have continued to be appropriate with dynamics and change of the period, include the problem of consumer protection in law of Indonesia roomates poured forth in Law no. 8, 1999. Weakness of Implementations of act about consumer protection, in the reality is usage by the global entrepreneur sells their product for unsafe and understandard. This condition is more bad, weakness and no available consumer education toward bad effects from unsafe and understandard useful good.
CHAPTER II
Literature review
A. Describing of Consumer Protection
Consumers are everyone who uses the goods or services that available in society for personal use, family, and other people (not for sale).
Consumer Protection is all roomates protect legal effort of law to give protect to consumer.
B. Consumer Importance
There are the importance roomates relate with consumers:
1. Result quality product, increase of quality and even distribution of education
2. Increase quality and even distribution of health services
3. Rehabilitation nutrient of society, increase of quality of environment
4. Minimum of that requirement to proper housing, health, safe, and comfort.
5. Possible society to buy it.
C. Right and Duty the Consumer
a. The roomates protect consumers has rights by producer, the rights are:
1. Comfortable and safety right in consume the goods.
2. Right to choose goods and services, and getting the goods or services it is suitable with the value of change.
3. Right of true information, clear and honest about condition and guarantee goods and services.
4. Right to be heard the argument and the complaint for goods and services in use.
5. Right to getting advocacy, protection and effort to solve dispute of consumer protection.
6. Right to getting guidance and consumer education.
7. Right to get the compensation
8. Rights roomates arranged by other acts.
b. The consumers has the duty, the duties are:
1. Read and follow guidance and procedure information to use goods and services to safety.
2. Have good conviction in doing transaction goods and services.
3. Pay with appropriate value of change who agreed.
4. Following consumer protection effort aberration dispute properly.
D. Right and Duty the Entrepreneur
The entrepreneur has rights that respected by the consumer, these are:
1. Right to receive the pay that appropriate with the agreement about condition and value exchange good or services roomates trade.
2. Right to get protection from consumer action law who have bad conviction.
3. Right to do self defense that suitable in solving law of consumer dispute.
4. Right for rehabilitation of good will by law if proven that loss of the consumer not consequence goods or services by trade roomates.
5. Rights that arrange in rule by other act.
The duty of the entrepreneur toward the consumer, society and government, like duty fulfillment, these are:
1. Good conviction in doing business.
2. Give right information, Cleary, and honest about condition and guarantee goods or services with give clarification about used, repair, and maintenance.
3. Services the consumer good and honest with not discrimination.
4. Guarantee of quality good and services that production or trade based on good quality standard rule roomates or services used.
5. Give opportunity for the consumer to test it or to try goods or services and give guarantee for goods or services roomates trade.
E. Step Consumer Transaction
If we watch duty and right the consumer or entrepreneur, there are manysteps producer with consumer transactions. This step can be classification into three steps:
1. Pre-consumer transaction
Consumer information search a goods, lend, buying, rent or lease.
2. Consumer Transaction
Consumer doing a transaction with an entrepreneur in agreement. The two parties must have good attitude. Agree with the capacity.
3. Full-consumer transaction
This step Often called by after-sale service, the seller agreed some free service in a long time.
F. Principles of Consumer Protection
1. Utility Principle
All efforts in hold consumer protection benefits must give huge importance for the consumer and entrepreneur.
2. Justice Principle
Participation society can all be real with maximum and give opportunity to the consumer and the entrepreneur to get their right and doing the duty of fair.
3. Balance Principle
Give balance between consumer importance, entrepreneurs and government matter and spiritual meaning.
4. Safety Principle
To give guarantee for consumer safety in used good or services roomates consumption.
5. Certainly Principle
Entrepreneur and the consumer must be obey the law and to get hold fairly in consumer protection.
G. Consumer Law and Consumer Protection Law
Definition of law According A.Z. Nasution is Almost principles and norms of law that arrange the relations and problems with other parts who have relation with consumer goods or services in association life.
Consumer protection Law is all effort who certainly guarantee of law to give protection for the consumer.
H. Out of the Consumer Protection Law. 8, 1999
Law no. 8 of 1999 is not once roomates protect consumer importance, although this council is made to protect the consumers, but the entrepreneur can take positive benefit Because there is Legality of law, right and duty of the consumer or entrepreneur is accommodation in this council Cleary.
Who had out makeup council regulation is about importance of consumer care.
These are 21 (twenty) act or other regulation:
1. Law No. 10 Year 1961 on Determination No. Prpu. Item 1 of 1961 into law.
2. Law Number 2 Year 1966 on Hygiene.
3. Act No. 5 of 1974 on Regional Governance Principles.
4. Act No. 2 of 1981 on the Legal Metrology.
5. Law No. 3 of 1982 on Corporate Registry.
6. Law No. 5 of 1984 on Industry.
7. Law Number 15 Year 1985 on Electricity.
8. Act No. 1 of 1987 on the Chamber of Commerce and Industry (Kadin).
9. Law No. 23 of 1992 on Health.
10. Law Number 7 of 1994 concerning the Agreement Establishing the World Trade Organization (the Agreement Establishing the World Trade Organization).
11. Law No. 1 of 1995 on Limited Liability Companies.
12. Law No. 9 of 1995 on Small Business.
13. Act No. 7 of 1996 on Food.
14. Act No. 12 of 1997 on the amendment of the Copyright Act as amended by Act no. 7 of 1987.
15. Law No. 13 of 1997 Amendment Law. 6 of 1989 on Patents.
16. Law No. 14 of 1997 on the amendment of Law no. 19 Year 1989 regarding Marks.
17. Law No. 23 of 1997 on Environmental Management.
18. Law Number 24 of 1997 on Broadcasting.
19. Act No. 25 of 1997 on Manpower.
20. Act No. 10 of 1998.
21. PP. 59 Year 2001 on Consumer Protection Agency NGOs.
I. Effort United Nation
Appropriate with resolution 2111 (LXIII) about consumer protection and result of session at ESC 63, 1977, from this research can conclusion that: Taking into account the interests and needs of consumers in all countries, particularly those in the developing countries, Recognizing that consumers Often face imbalances in economic terms, educational levels and bargaining power.
Resolution about consumer protection (res. UN. 39/248):
1. Actions not who Obedient the regulation
2. Practice of trade roomates consumer is loss
3. Responsibility of producer is blurring
4. Competition is not fair, so of consumer choice is limited and the price is high.
5. Spare parts and after-sells services are not available.
6. Unilateral basic contract and remover of essential right from the consumer
7. Requirement of credit is not fair
J. Consumer Protection Law in Some Countries of
United State is anglo saxon nation and has give motivation to consumer protection. Consumer protection in the United State is cease and desist orders have a business must stop whatever practices was found to be in violation of the law. Outside the FTC (Federal Trade Commission) have authority to consent decree, an agreement between the FTC and business will no longer perform certain actions, such publishing a particular advertisement
FTC established at 1914, whit the principle to guarantee fair competition in the market place. FTC have authority are too quasy quasy legislative and judicial function to know the existence and application of antitrust and consumers councils, Anne K Bingaman who as assistant attorney general for the antitrust division explain some important points like that.
Antitrust laws protect of competition, free and open competition benefits consumers by Ensuring lower prices and new and better products. In a freely competitive market, each competiting business generally will try to attract consumers by cutting its prices and increasing quality of its product or services. Competition and the profit opportunities it brings also stimulate businesses to find new, innovative and more efficient methods of productions market. for this statement we can conclusion that antitrust protect competition, free trade, and open profitable the consumers with low price and better quality more so stimulate the producer to competence for services the consumers with the optimal price is cheaper but the quality is more better.
K Cooling of Period
Government regulation is a decision that the consumer have time to think, what they will buy it or no that the goods or services roomates offer. In Unite State consumer tolerance have time along 72 hours or three days although in Holland there is 8 days. This is example of consumer goods right to getting back to seller after decide of time.
You, the buyer, may cancel this transaction at anytime prior to the mid night of the third business day after the date of this transaction. See attached notice of cancellation form for an explanation of this right. Consumer right to cancellation you may cancel this contract without any penalty or any further obligation within three (3) days from this date.
Writen by :
Noorwita Inayah ( C0D006004 )
Hesti Zaen ( C0D006006 )
Sinta ( C0D006010 )
Ari Dwi Susanti ( C0D006031 )
Nurul Madaniyah ( C0D006051 )
Kurniatin ( C0D006067 )
JENDERAL SOEDIRMAN UNIVERCITY
ECONOMY FACULTY
INTERNATIONAL BUSINESS PROGRAM
PURWOKERTO
No comments:
Post a Comment