KYR #2: Recognize Your Rights as a Consumer During the Emergence of Online Shopping!

Written by: Aulia Maharani

Designed by: Dayang Syahira Alika D.


Issue


With Covid-19 requiring us to stay home, online shopping has been a favorite amongst citizens. Not only does it simplify the process of shopping, but there are also variations of a certain object for the users to choose from and let’s not forget about the endless discounts that are available. What’s not to like about it?


However, there are still those unfortunate events that may happen from time to time. There are shopping accounts that commit fraud, such as not sending that package after they’ve received the payment, the package that was sent did not look the same as the one on the ad, and many more. If we were faced with those problems, we may post it on social media and let it blow up itself, however, there are regulations that cover this topic to protect the citizens’ right for what they put their money into.


Regulations and Analysis


Law Number 8 of 1999 concerning Consumer Protection is one of the laws that specifically regulates the rights of both the consumer and the accounts that provide, and also regulates on the sanctions if any of the problems occur.


In regards to the rights of the consumer, it is mentioned in Article 4 of the Consumer Protection Law, in which it states:


  1. To obtain comfort, security, and safety in using or consuming the goods and/or service;

  2. To choose the goods and/or services and obtain Point b the said goods and/or services in accordance with the promised conversion value and condition and warranty;

  3. To obtain correct, clear, and honest information on the condition and warranty of the goods and/or services;

  4. To be heard in expressing opinion and complaints on the goods and/or services they use or consume;

  5. To obtain proper advocacy, protection, and settlement in the consumer’s protection dispute;

  6. To obtain consumer’s training and education;

  7. To receive proper, honest, and nondiscriminatory treatment or service;

  8. To obtain compensation, redress, and/or substitution, if the goods and/or services received are not in accord with the agreement or not received as requested;

  9. To obtain rights as regulated in the other provisions of the law.


From the rights mentioned, it is clear that we, as consumers, have the legal rights to obtain clear information, condition, warranty, and the promised conversion value of the goods. Furthermore, one of the obligations for the online shop that is regulated in Article 7 paragraph (f) and (g), states that the online shops are obliged to provide compensation, redress, and/or substitution if there was any damage caused by the application, use, and application of the goods or if the goods received were not in accordance with the stated agreement.


Additionally, in order to further protect the rights of consumers, there is a national consumer protection agency or more widely known as Badan Perlindungan Konsumen Nasional (BPKN), that is responsible for conducting surveys, receiving consumers’ complaints, providing suggestions and recommendations for regulations regarding consumer protection, etc, which are in accordance with Article 34.


Lastly, according to Article 45, 46, 47, and 49 paragraph (1), there would be two ways to solve dispute consumers and the online shops, to settle in the court or outside the court. If it was decided to settle the dispute in the court, then both parties would need to go to Badan Penyelesaian Sengketa Konsumen (BPSK), which is usually located in Level II Administrative Regions. However, if the parties decided to settle the dispute outside of the court, then an agreement would need to be reached in order to ensure compensation and/or ensure measures that no damages would occur to any other consumer again. Furthermore, it is also regulated in the Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems in Article 72, that if any dispute occurs in regards to trading through electronic systems, then we can still refer to BPSK.


Conclusion


Our rights and obligations as consumers are regulated through Law Number 8 of 1999 concerning Consumer Protection. Next time you or someone you know experiences something like this don’t hesitate to put your complaint to BPKN. Lastly, make sure the goods or services you received are the same one as it was claimed to be!


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