LEGAL PROTECTION OF CONSUMER CRIMES AGAINST FOOD
AND BEVERAGES IN TERMS OF HEALTH AND LEGAL ASPECTS
Introduction
The advancement of science and technology has expanded the space for transactions of
goods and/or services offered. On the one hand, this is beneficial for consumers because
consumers' needs for goods and/or services are wide open from various types and quality of
goods and/or services that can be fulfilled according to the needs and abilities of consumers.
This phenomenon results in an unbalanced position between business actors and consumers
and again it is consumers who are in a weak position and this can be felt in some goods
produced by the goods and services industry whether they realize it or not, for example the
decreasing weight of the contents of food product packaging, if calculated on a broader
scale, it will show the fantastic profit value obtained by producers by reducing just a little
from the weight of the product packaging. Consumers become the object of business
activities to reap profits by business actors through promotional tips, sales methods, and the
application of standard agreements that are detrimental to consumers. The main factor that is
the weakness of consumers is that the level of consumer awareness of their rights is still low.
This is mainly due to the low level of consumer education. The general public as consumers
should be given protection because they are often helpless in the face of daily trading
activities, without an adequate legal remedy.
Therefore, the Consumer Protection Act and the Health Act are intended to be a strong legal
basis for the government and non-governmental consumer protection organizations to
empower consumers through consumer development and education.
Law Number 8 Year 1999 on Consumer Protection regulates several rights of consumers
which include1 :
The right to comfort, security, and safety in consuming goods and/or services;
The right to choose and obtain goods and/or services in accordance with the
exchange rate and conditions and guarantees promised;
The right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
The right to have their opinions and complaints about the goods and/or services used
heard;
The right to appropriate advocacy, protection, and consumer protection dispute
resolution efforts;
The right to receive guidance and consumer education;
The right to be treated or served correctly and honestly and non-discriminatory;
The right to obtain compensation and/or replacement, if the goods and/or services
received are not in accordance with the agreement or not as they should be;
Rights stipulated in other statutory provisions.
Similarly, Law Number 36 of 2009 concerning Health further states that food and beverage
safety is regulated in the provisions of Article 109 through Article 112 as follows2 :
Article 109
Every person and/or legal entity that produces, processes, and distributes food and beverages
that are treated as food and beverages resulting from genetic engineering technology in
circulation must ensure that they are safe for humans, animals eaten by humans, and the
environment.
Article 110
Any person and/or legal entity that manufactures and promotes food and beverage products
and/or those treated as technologically processed food and beverages is prohibited use
deceptive words and/or make claims that cannot be substantiated.
Article 111
Food and beverages used for the public must be based on health standards and/or
requirements.
Food and beverages can only be distributed after obtaining a distribution license in
accordance with the provisions of laws and regulations.
Every packaged food and beverage must be marked or labeled with :
Product name;
List of materials used;
Net weight or net contents;
The name and address of the party producing or importing the food and beverages into
United States; and
Expiration date, month and year.
Marking or labeling as referred to in paragraph (1) must be done correctly and accurately.
Further provisions regarding the procedures for labeling as referred to in paragraph (3) shall
be carried out in accordance with the provisions of laws and regulations.
Food and beverages that do not meet the standard provisions, health requirements, and/or
endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, revoked distribution licenses and confiscated for destruction in
accordance with the provisions of laws and regulations.
Article 112
The government is authorized and responsible for regulating and supervising the production,
processing, and distribution of food and beverages as referred to in Article 109, Article 110,
and Article 111.
It is well known that consumer fraud is very common compared to street crime. It is just that
consumer crime is characterized, so that the consequences cannot be felt directly, unless it
involves consumers en masse, such as the issue of lard in food and beverage production.
Even if consumers feel lied to, legal mechanisms to enforce their rights are not sufficiently
available due to convoluted, time consuming, and costly procedures. The market that offers
healthy competition has been tarnished by fading ethical elements in business, fraud, and
unfair trading strategies.
If examined further, consumer crime is actually a type of crime committed by a person or
legal entity whether intentionally or not and the action is very clear that it is contrary to the
law and has an impact on consumers as users of a product or service, because those who
commit consumer crimes are usually producers, suppliers, distributors, agents, retail sellers
or other parties related to the production and distribution of goods and / or services, it is
clear that consumer crime is a white collar crime. In this regard, consumers need to be
protected as stated in Article 1 point 1 of Law Number 8 Year 1999, consumer protection is
all efforts that ensure legal certainty to provide protection to consumers.
In relation to the above provisions, it is clear that every person at one time in a single
position / alone or in a group with other people, under any circumstances, must become a
consumer for a certain product or service. This universal situation on several sides shows the
existence of various weaknesses in consumers so that consumers do not have a safe position.
Thus, efforts to provide adequate protection of consumer interests are an urgent matter to
find a solution.
There are at least several main reasons why consumers need to be protected, because
basically protecting consumers means protecting the entire nation and citizens in addition to
giving birth to spiritually and physically healthy and qualified human beings. As is known,
the legal principle applies that every person who causes harm to another person must bear
the responsibility for what he has done. Every person who suffers a loss has the right to
claim compensation from the party who committed the act. Such compensation is according
to Article 19 paragraph (2) of UUPK in the form of3 : refund or replacement of goods and /
or services of similar or equivalent value, or health care and / or compensation in accordance
with the provisions of applicable laws and regulations.
Compared to other sectors, the health sector is relatively more fully regulated in protecting
consumers because everyone has the right to health. The Ministry of Health actually has
relatively more complete safeguards in protecting consumers. The department has its own
institution that oversees the circulation and use of drugs (including traditional medicines),
food, cosmetics, and medical devices.
Such duties are assigned to the Directorate General of Food and Drug Control (DG POM).
Article 1 number 1 of Law Number 36 of 2009 concerning Health states that: Health is a
state of health, both physically, mentally, spiritually and socially that allows everyone to live
a productive life socially and economically.
Starting from the above thoughts, basically the aspects of public law and civil law have the
same role and opportunity to protect consumer interests. Starting from the background
description of the problem mentioned above, the problem can be formulated as follows:
How is Consumer Protection of Food and Beverages from Health and Legal Aspects?
What are the Forms and Causal Factors of Consumer Crime?
Research Methods
The approach taken in this research is a normative juridical approach, which means an
approach that focuses more on examining the methods, norms and rules related to the
problems discussed. The data used in supporting the research is secondary data. Secondary
data is data obtained from library materials, applicable laws and regulations and theories in
the literature relating to the legal protection of consumer crimes against food and beverages
in terms of health and legal aspects.
In addition to secondary data, researchers use empirical data by observing the attitudes and
behavior of the community towards legal protection of consumer crimes against food and
beverages in terms of health and legal aspects. Following the collection and processing of
data, qualitative data analysis is carried out, namely by giving meaning and then described in
clear sentences and connected to answer existing problems to draw conclusions and provide
suggestions on the problems discussed.
Discussion
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
Consumer Protection of Food and Beverages in Review of Health and Legal Aspects.
Consumer protection is all efforts that ensure legal certainty to provide protection to
consumers based on the principles contained in the GCPL as contained in Article 2 of the
GCPL states "consumer protection is based on benefits, justice, and balance, consumer
safety and security and legal certainty". In the elucidation of Article 2 of the GCPL, it states
that consumer protection organized as a joint effort based on 5 (five) principles that are
relevant in national development, namely:
The principle of benefits is intended to mandate that all efforts in the implementation
of consumer protection must provide maximum benefits for the interests of consumers
and business actors as a whole.
The principle of justice is intended so that the participation of all people can be
realized to the fullest and provide opportunities for consumers and business actors to
obtain their rights and carry out their obligations fairly.
Balance is intended to provide a balance between the interests of consumers, business
actors, and the government in both material and spiritual terms.
The principle of consumer security and safety is intended to provide assurance of
security and safety to consumers in the use, use, and utilization of goods and/or
services consumed or used.
The principle of legal certainty is intended so that both business actors and consumers
obey the law and obtain justice in the implementation of consumer protection, and the
state guarantees legal certainty.
In general, there are four basic consumer rights, namely: the right to safety, the right to be
informed, the right to choose and finally the right to be heard. Meanwhile, the consumer
rights that must be protected under the GCPL are:
the right to comfort, security, and safety in consuming goods and/or services;
the right to choose goods and/or services and to obtain such goods and/or services in
accordance with the exchange rate and the conditions and guarantees promised;
the right to correct, clear, and honest information regarding the conditions and
guarantees of goods and/or services;
the right to have their opinions and complaints about the goods and/or services used
heard;
the right to obtain advocacy, protection, and efforts to resolve consumer protection
disputes properly;
the right to receive guidance and consumer education;
the right to be treated or served correctly and honestly and non-discriminatory;
the right to compensation, compensation and/or replacement, if the goods and/or
services received are not in accordance with the agreement or not as they should be;
rights stipulated in other statutory provisions.
While consumer obligations are:
read or follow the information instructions and procedures for the use or utilization of
goods and/or services, for security and safety;
good faith in conducting transactions to purchase goods and/or services;
pay according to the agreed exchange rate;
follow the efforts to properly resolve consumer protection disputes.
The objectives of consumer protection according to Article 3 of the GCPL are:
increase consumers' awareness, ability, and independence to protect themselves;
elevate the dignity of consumers by preventing them from negative access to the use of
goods or services;
Increase consumer empowerment in choosing, determining and demanding their rights
as consumers;
creating consumer protection that contains elements of legal certainty and information
disclosure and access to information;
awareness of business actors regarding the importance of consumer protection so as to
grow an honest and responsible attitude in business.
improve the quality of goods and/or services that ensure the continuity of the business
of producing goods and/or services, health, comfort, security, and safety of consumers.
It is generally recognized that there are four basic consumer rights that must be protected,
namely: the right to safety, the right to be informed, the right to choose and finally the right
to be heard.
Food circulation patterns are increasingly widespread, consumption patterns are shifting to
foods that are ready to consume and easily available. Thanks to advanced food processing
science and technology, healthy food can be produced in large quantities with long shelf life
through a process of Physical or chemical preservation in the form of adding preservatives.
In addition, for a better appearance in shape, texture color and others, other additives are
added such as emulsifiers, thickeners, coloring agents, preservatives, and so on. Based on
this, it must be realized that in the application of technology and science there is a possibility
of things that can harm or endanger consumer health. The health and safety conditions of
food products for consumers are essential. It's just that whether one realizes it or not, one's
appreciation of it varies. This depends on the level of income or concern of the consumer
himself. Because in United States the majority of the population is still in a vulnerable state
both in economic and social terms, the importance of the health and safety conditions of
food products is still less considered, it is necessary to protect the public (consumers) both
from the government, the consumers themselves and even the business actors (producers) to
comply with the regulations that have been made by the government and to ensure the health
and safety of their products circulating in the market.
Law no. 36/2009 on Health gives priority to consumer rights, especially the right to health.
The consumer's right to health is achieved, among others, if consuming food and beverages
that are safe, healthy, and do not contain ingredients that are harmful to the human body, the
obligation to include expiry labels can be seen in the regulation of Chapter V on Health
Efforts, Part Four on Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements;
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or requirements
and/or endanger health as referred to in paragraph (1) are prohibited from being distributed,
withdrawn from circulation, and confiscated for destruction in accordance with the
provisions of applicable laws and regulations.
Law Number 8 of 1999 concerning Consumer Protection (UUPK) explains that:
Business actors are prohibited from producing and/or trading goods and/or services that:
does not meet or does not comply with the required standards and provisions of laws
and regulations;
not in accordance with the net weight, net or net contents, and quantity in the count as
stated in the label or etiquette of the goods;
not in accordance with the measurements, measures, scales, and quantities in the count
according to actual measurements;
not in accordance with the conditions, guarantees, features, or efficacy as stated in the
label, etiquette, or description of the goods and/or services;
not in accordance with the quality, level, composition, processing, style, fashion, or
specific use as stated in the label or description of the goods and/or services;
not in accordance with the promises stated in the label, etiquette, description,
advertisement, or sales promotion of the goods and/or services;
does not include the expiry date or the period of best use/utilization of the particular
goods;
does not follow the provisions of halal production, as the "halal" statement, as the
"halal" statement included in the label;
not putting up labels or making explanations of goods containing the goods, weight or
net or net contents, composition, rules of use, date of manufacture, side effects, name
and address of the business actor, and other information for use which according to the
provisions must be put up/made;
does not include information and/or instructions for the use of goods in United States in
accordance with applicable laws and regulations.
Business actors are prohibited from trading damaged, defective or used, and contaminated
goods without providing complete and correct information on the goods in question.
Business actors are prohibited from trading damaged, defective or used and contaminated
pharmaceutical preparations and food, with or without providing complete and correct
information.
Business actors who violate paragraphs (1) and (2) are prohibited from trading such goods
and/or services and must withdraw them from circulation.
In addition, business actors are prohibited from trading damaged, defective or used and
contaminated food preparations, with/or without providing complete and correct
information.
In line with the aforementioned GCPL, Law no. 36 Year 2009 on Health (Health Law)
prioritizes consumer rights, especially the right to health. The consumer's right to health is
achieved, among others, if consuming food and beverages that are safe, healthy, and do not
contain ingredients that are harmful to the human body, the obligation to include expiry
labels can be seen in the regulation of Chapter V on Health Efforts, Part Four Regarding
Food and Beverage Safety Article 21, namely:
Food and beverage safety is organized to protect the public from food and beverages that do
not meet the provisions regarding health standards and/or requirements.
Every packaged food and beverage must be marked or labeled as such:
materials used;
composition of each ingredient;
expiration date, month, and year;
other provisions.
Food and beverages that do not meet the provisions of health standards and/or
requirements and/or endanger health as referred to in paragraph (1) are prohibited from
being distributed, withdrawn from circulation, and confiscated for destruction in
accordance with the provisions of applicable laws and regulations.
In addition to the laws and regulations mentioned above, there is Government Regulation
No. 28/2004 on Food Safety, Quality and Nutrition. It is stated that food consumed by the
public basically goes through a process chain that includes production, storage,
transportation, circulation until it arrives at the hands of consumers. In order for the entire
chain to meet the requirements of food safety, quality and nutrition, it is necessary to realize
a system of regulation, guidance and supervision effective in the field of food safety, quality
and nutrition in the form of a Government Regulation on Food Safety, Quality and
Nutrition.
Forms and Factors Causing Consumer Crime
United States has ratified the Agreement Establishing the World Trade Organization which
includes the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs
Agreement) and has established Law No.8 of 1999 concerning Consumer Protection. As a
consequence, it is certainly committed in its implementation to always pay attention to
consumer protection. However, in practice, the legal protection of consumers still raises
various problems.
These problems are influenced by various factors, including: those related to legal structure,
legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the obstacles or
barriers faced in the implementation of the GCPL are:
The level of consumer awareness of their rights is still low;
Low consumer education;
No one has touched on how to prepare United States consumers for the free market;
Weak supervision in the field of quality standardization of goods;
Weak legislation;
The wrong perception of business actors with consumer protection will cause harm in
addition to consumers who may not be smart or do not feel they have rights.
The government, if there is a complaint it can be a long-winded trial process,
To overcome these problems, it is necessary to find solutions, including what prerequisites
must be met so that the era of free trade for consumers in United States becomes a gift,
rather than the opposite being a disaster. The steps taken include the following:
Trade is based on the principle that businesses and consumers both need, and are
interdependent on each other Both short and long periods of time require balanced legal
protection.
The GCPL was formulated with reference to the philosophy of national development,
namely to build a complete United States human being based on the state philosophy of
the Republic of United States, namely Pancasila and the 1945 Constitution.
Revise the existing GCPL by always taking into account the interests of business actors
and consumers in a balanced manner, accommodating national and international
interests. Legal tools that protect consumers are not intended to kill the business of
business actors, but on the contrary, consumer protection can encourage a healthy
business climate that encourages the birth of companies that are strong in facing
competition through the provision of quality goods and/or services.
Law enforcement officials must be serious in monitoring, processing and resolving any
violations that occur by providing strict and appropriate penalties/sanctions in order to
create a deterrent effect for those who commit violations.
The law that is formed is a responsive law, so that it can accommodate problems that
arise, public input related to legal protection and certainty of the scope of consumer
protection.
Conclusion
Regarding the above, two conclusions can be drawn to answer the existing problem
formulation. First, the importance of legal protection of consumers as regulated in the law is
to prevent problems in the future because everyone, either alone or together, under any
circumstances, must become a consumer of a particular product or service. In general, there
are four basic consumer rights that must be protected, namely: rights the right to safety; the
right to be informed; the right to choose; and Finally, the right to be heard. Legal protection
of consumers can be carried out at the time before the transaction (no conflict/pre purchase)
and / or at the time after the transaction (conflict/post purchase). that to improve the dignity
and dignity of consumers it is necessary to increase awareness, knowledge, concern, ability
and independence of consumers to protect themselves and foster the attitude of responsible
business behavior.
The objectives of consumer protection according to Article 3 of the GCPL are: increasing
consumer awareness, ability, and independence to protect themselves; elevating the dignity
of consumers by preventing them from negative access to the use of goods or services;
increasing consumer empowerment in choosing, determining and demanding their rights as
consumers; creating consumer protection that contains elements of legal certainty and
openness of information and access to information; fostering awareness of business actors
regarding the importance of consumer protection so that an honest and responsible attitude
in business grows; improving the quality of goods and / or services that ensure the continuity
of the business of producing goods and / or services, health, comfort, security, and safety of
consumers. Secondly, in practice, legal protection of consumers still causes various
problems. These problems are influenced by various factors, including: those related to legal
structure, legal substance, legal culture and bureaucratic apparatus. Broadly speaking, the
obstacles or barriers faced in the implementation of the GCPL Law are: because the level of
consumer awareness of their rights is still low; low consumer education; no party has
touched on how to prepare United States consumers to face the free market; still weak
supervision in the field of consumer protection standardization of the quality of goods; weak
product legislation; wrong perception of business actors with consumer protection will cause
harm.
Legal violations committed by business actors are regulated in Article 8 paragraph (1) letters
a and g and paragraph (3) of Law No. 8 of 1999 on Consumer Protection, Article 109
through Article 112 and Article 21 of Law No. 36 of 2009 on Health as well as Article 83 of
Law No. 18 of 2012 on Food, Article 23 of Government Regulation No. 36 of 2009 on
Food. 36 of 2009 Concerning Health and Article 83 of Law No. 18 of 2012 Concerning
Food, Article 23 of Government Regulation No. 28 of 2004 Concerning Safety, Quality and
Security of Food. 28 Year 2004 on Safety, Quality and Nutrition Food, Article 28 and
Article 29 of Government Regulation No. 69 of 1999 concerning food labels and
advertisements, and Article 3 and Article 4 of Minister of Health Regulation No.
180/MEN.KES/PER/IV/1985 concerning expired food and Director General of Food and
Drug Administration Decree No. 02591/B/SK/VIII/1991 concerning Amendments to the
Annex of Minister of Health Regulation No. 180/MEN.KES/PER/IV/1985. All of these laws
and regulations contain provisions that have been directly violated by the business actors.
From the conclusions described above, it can be suggested that the first suggestion should be
the revision of the existing GCPL as soon as possible, which regulates the balance between
the interests of business actors and consumers while taking into account national interests
and must also accommodate international interests. Secondly, the law to be formed should
be a responsive law, which can accommodate the problems that arise, public input related to
the protection of consumer law and certainty of the scope of consumer protection.
