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The Constitutional Court (MK) held the judicial review of Act 8/1999 on Consumer Protection. The trial entered the third session.  

Just to remind again, the Petitioner in this case were the Indonesian Advocate Organization represented by the Principal Applicant, General Chairman of OAI, Virza Hizzal Roy. In previous trials Virza said that Article 62 paragraphs (1) jo Article 8 paragraph (1) Consumer Protection Act letter j is a legalized form of criminalization through legislation 

Virza which is the defendant’s attorney iPad case Dian Yudha Samusamu State and Randy Lester, considered that the second article is vague (not sure) so potentially multiple interpretations.

He also revealed that the Article 62 paragraph (1) This Act places sanctions on businesses that produce or trade goods do not include instructions Indonesian to the criminal realm is the realm of civil law should be.

Representative of the Government, Nur Nuzulia Isaac had the opportunity to present opening statements the government. According to the Government, the Petitioner is not quite right as the party who filed the petition for judicial review of this law because the provisions petitioned for review are not related to the duties and functions of the Petitioner as a private legal entity which is the Indonesian Advocate Organization, as provided for in Law Number 18 Year 2003 on Advocates. 

While based on the formulation of Article 62 paragraph (1) in conjunction with Article 8 paragraph (1) letter j Act on Consumer Protection should be the subject of law is a business, consumer, or consumer protection agency. The Government also considered the petition is not directly harmed by the enactment of the Act. 

While representatives of the House were present, Yahdil Harahap Abdi said in the petition is presented regarding the loss of constitutional berlakunnya Article 8 Paragraph 1 letter j and Article 62 Paragraph 1 of the Consumer Protection Act.

In addition, Yahdil also revealed that the House concurred with the Parties that there is no constitutional impairment or loss potential in nature which can override the applicant with the effect of Article 8 paragraph (1) letter j and Article 62 paragraph (1) Consumer Protection Law.

"In a quo petition, the Petitioner did not express clearly and concretely about the constitutional right losses suffered by the Petitioner as a result of the enactment of Article 8 paragraph (1) letter j and Article 62 paragraph (1) Consumer Protection Law. Petitioner argued only a few criminal cases that are currently being processed at the Central Jakarta on the sale of Notebook without manuals come with instructions in Indonesian language, "said Yahdil. 

Experts from the applicant, Grace Bagja be the last to deliver his statement before the Plenary Session of the Constitutional Court, chaired by the Chief Justice of the Constitutional Court, Moh. Mahfud MD. 

Rahmat said that the Consumer Protection Act does not distinguish between the private sphere and the criminal is a very sad thing. It was because the country seemed to prefer the last way more emphasis on premium remidium instead remidium ultimum."Because of the Consumer Protection Act is in the field of civil protection and regulated process is the process of buying and selling, then the state should protect the process that occurs between the seller and buyer, rather than intervene and penalize citizens who have made buying and selling a product that is clearly not violate the Copyright Act, "he explained at length. 

As a human rights expert, Grace asserts that the state should keep its citizens from third parties who commit violations of human rights. Grace has indicated that the Government and Parliament through the Act has been a violation of economic, social, cultural citizens. "The Constitutional Court is doing its job to keep the economic, social, cultural, and it proposed by Petitioner. So I can see from some of the submissions from the applicant that the cases are cases that deliberately to trick citizens into the process of buying and selling," he said. (Yusti Nurul Agustin / mh/Yazid.tr)

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