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Consumer Legal Protection for Mobile Phone Sales Based on Law Number 8 Year 1999 Concering Consumer Protection Advances in Social Science, Education and Humanities Research, volume 478 Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020) Consumer Legal Protection for Mobile Phone Sales Based on Law Number 8 Year 1999 Concering Consumer Protection Jeane Neltje Sally1* Descar Kristian1 1Faculty of Law, Tarumanagara University, West Jakarta 11440, Indonesia Email : [email protected] *Corresponding author. E-mail :[email protected] ABSTRACT As a result of the lack of supervision and application of standards and the quality and quality of cellular telephone products, consumers sometimes do not get legal protection so that more and more cases occur in low economic communities buying reconditioned cellular phones at very cheap prices without obtaining instructions for the use of Indonesian if a when the cell phone is damaged. Implementation of standards and quality and product quality are regulated in UUPK. The Consumer Protection Act was formed with the aim of protecting consumers as written in Article 1 paragraph (1) of the Consumer Protection Act. The main issues are: 1. How is the legal protection for consumers for the purchase of cellular phones that do not include instructions for use in the Indonesian language based on Law Number 8 of 1999 concerning Consumer Protection? 2. What is the responsibility of the business actor for the sale of cellular phones that do not include instructions for use in Indonesian according to Law Number 8 of 1999 concerning Consumer Protection? The author examines these problems using normative legal research methods, legislation approaches, and case approaches. In the discussion, discussing the importance of using Indonesian in cellular telephone products in order to protect consumers and educate consumers of goods that have been purchased. The conclusion of this paper shows that the Judge's Decision caused legal uncertainty because Article 32 of the Telecommunications Law does not regulate the obligations of business operators to include instructions for use in Indonesian on cellular phones. The Judge should have sentenced him with Article 62 of the UUPK for the sake of creating legal certainty which is one of the principles and objectives of the establishment of the UUPK in an effort to protect consumers. Keywords : legal certainty, consumer protection, instructions for use in Indonesian the price difference is quite far from the price of a new cellular phone. Many people also think that the 1. INTRODUCTION features and uses of used and new cellular phones are not different, the only difference is the condition of Indonesia is a country consisting of thousands of the cellular phone. Not all used cellular phone islands and a population of around 264 million people products on the market are genuine and not all who saw a survey from a statistical agency, namely function properly, but there are also used the statistical center agency in the 2017 period. which reconditioned cellular phones where the cell phone is is used to communicate directly without doing face to damaged and repaired by someone who has expertise face. This tool is a cell phone or what is commonly in the field of cellular telephony. In addition, most called a cell phone which is a two-way interaction tool reconditioned cellular phones are sold not with boxes that is easy to carry anywhere and has a number of from the factory, which contains a manual on how to uses, one of which is to send messages and voice calls use cell phones, accessories that support cellular to someone who is far away.1 There are very many phones and there is no official guarantee from the cellular telephones circulating in the Indonesian manufacturer that made the cell phone. The result of market, such as cell phones with new or used weak supervision and implementation of standards conditions. New cell phones certainly have a very and quality and quality of reconditioned cellular high price compared to used cell phones. However, it phone products is that consumers do not get legal is not uncommon for some people to buy cellular protection so that there are more cases where people phones in a used condition (second), this is because with low economic levels buy reconditioned cellular phones at very cheap prices without receiving Copyright © 2020 The Authors. Published by Atlantis Press SARL. This is an open access article distributed under the CC BY-NC 4.0 license -http://creativecommons.org/licenses/by-nc/4.0/. 931 Advances in Social Science, Education and Humanities Research, volume 478 instructions for use if one day the cell phone was order in society, it is hoped that human interests will damaged. also be protected. In achieving this goal, the law has Based on Article 4 of the UUPK, it is stated that the function of dividing rights and obligations consumers have a right to obtain correct, clear, and between individuals within the scope of society, honest information from business actors regarding the dividing authority and regulating how to solve legal conditions of the guaranteed goods to be purchased. In problems and maintaining legal certainty.4 In this case addition, in Law Number 8 of 1999 concerning the Government has formed a regulation that seeks to Consumer Protection regarding the widespread protect consumers from the actions of business actors distribution of reconditioned cellular phones that have that often harm consumers, this can be seen from the not met the regulatory standards that have been set, it existence of Law Number 8 of 1999 concerning is contrary to Article 2 which states that consumer Consumer Protection which has been established by protection is based on the principle of benefit, the the government in an effort to protect consumers or a principle of justice for the parties, the principle of a form of legal protection for consumers, but in balance. against existing parties, the principle of practice the Consumer Protection Law is often security for consumers and a safety for consumers, as ignored by law enforcement officials in ensnaring well as the principle of legal certainty that is business actors who violate the provisions of the guaranteed.2 UUPK.5 As citizens of Indonesia, we must not lose our identity In decision No. 265 / Pid.Sus / 2017 / PN.Smg, the as a nation, we must not lose our identity as a nation. basis of the author's argument for researching, is that As a symbol of national identity, Indonesian must there are violations that have also been committed by continue to be developed so that it can still fulfill its entrepreneurs selling various types and types of function as a modern means of communication in cellular phones that do not use the mandatory various fields of life. In addition, the quality of its use domestic language usage instructions, namely must be continuously improved so that Indonesian can Indonesian. This clearly violates the rights of be an effective and efficient means of communication consumers, entrepreneurs are proven to have violated for various purposes. Efforts in this direction have the provisions stipulated in Article 8 paragraph (1) now obtained a strong legal basis, namely the passing letter J of the Consumer Protection Act or UUPK, so of Law Number 24 of 2009 concerning the Flag, that researchers are interesting to examine how Language and National Emblem, as well as the consumers can be legally protected so that their rights National Anthem. This law is a mandate of Article 36 are not violated. by business actors. In practice, there of the 1945 Constitution of the Republic of Indonesia are quite a lot of business actors who circulate goods and is also a realization of the determination of the for cellular telephones that do not include instructions Indonesian youth as pledged in the Youth Pledge, for use in the mandatory domestic language, namely October 28, 1928, namely upholding the unified the Indonesian language which is traded and language of the Indonesian language. circulated in the territory of the Republic of Indonesia. Article 8 paragraph (1) letter J Law Number 8 Year 1999 concerning Consumer Protection, regulates that 2. METHODS Business Actors are prohibited from selling or This type of research is a normative flow research, circulating goods that do not include instructions for which examines written law (statutes). Normative use in Indonesian, this is also supported by Regulation research is research that is required with various of the Minister of Trade of the Republic of Indonesia studies of library materials or secondary data to be Number 19 / M-DAG / PER / 5/2009 concerning researched. This research is studied normatively by Registration of manuals and guarantee cards for full- studying and examining the scope and material in the sale warranty in Indonesian for Telematics and provisions of the UUPK on Judges' Decisions to be Electronics products. These two rules are proof of the studied.3 government's seriousness in maintaining the existence of one of the Indonesians, namely Indonesian in the 3. DISCUSSIONS context of protecting consumers and so that consumers who later buy electronic goods can 3.1 Forms of Legal Protection Against understand how to use the goods they will buy.6 Consumers for Sales of Cellular Phones Based on the chronology of the case that the author without including Instructions for Use in has described in the previous chapter, there were Indonesian. actions by business actors, namely Widi Widiyanto, According to law professor Sudikno Mertokusumo, the owner of Dragon Cell, who traded goods in the protection of human interests is not only a legal goal, form of reconditioned cellular phones, where these but also a legal function and legal protection. Sudikno items were previously damaged cellular phones and Mertokusumo argued that: in its function as protection some even completely dead.
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