The preliminary hearing of the judicial review of the Customer Protection Law, Monday (3/14/2022). Photo by Humas MK/Ilham W. M.

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Tuesday, March 15, 2022 | 08:01 WIB

JAKARTA, Public Relations—The preliminary hearing of the judicial review of Law No. 8 of 1999 on Consumer Protection was held by the Constitutional Court (MK) on Monday, March 14, 2022. The petition No. 23/PUU-XX/2022 was filed by Zico Leonard Djagardo Simanjuntak, who was represented at the hearing by legal counsels Ni Komang Tari Padmawati and Alya Fakhira.

“The Petitioner argues factual constitutional impairment due to the enactment of Article 18 paragraph (1) of Law No. 8 of 1999 on Consumer Protection,” said Ni Komang before the panel chaired by Constitutional Justice Manahan M. P. Sitompul.

Article 18 paragraph (1) of the Consumer Protection Law reads, “In offering the goods and/or services for trading, the entrepreneurs shall be prohibited from making or including a standard clause on each document and/or agreement if: a. it states the transfer of the entrepreneurs’ responsibility; b. it states that the entrepreneurs shall reserve the right to refuse to receive back the goods already purchased by the consumer; c. it states that the entrepreneurs shall reserve the right to refuse to refund for the goods and/or services already purchased by the consumer….”

Subject Matter

Ni Komang detailed that in August 2019, the Petitioner joined a jugglenaut challenge organized by Grab Indonesia in which Grab users must use the GrabBike facility 74 times to be receive a reward of one million rupiahs. The Petitioner completed the challenge but he didn’t receive the reward.

Then, on August 10, 2019, Grab Indonesia changed the challenge’s terms and conditions, which the Petitioner believes to be a violation of Article 18 paragraph (1) of Law No. 8 of 1999. He then filed a lawsuit to the Central Jakarta District Court, arguing that the mobile transportation company had changed the challenge’s terms and conditions unilaterally. In the end, the company gave the Petitioner the contented award.

Among the backgrounds to the petition, Ni Komang added, is the lack of certainty in dispute settlement in Article 18 paragraph (1) of Law No. 8 of 1999. The Petitioner believes this is against Article 28 paragraph (1) of the 1945 Constitution, which guarantees protection and fair legal certainty and equal treatment before the law.

“Indonesia as a rule of law guarantees human rights that are protected by the state. In the contract law, one of the legal principles adopted is the principle of freedom of contract. This means that everyone is free to make an agreement that contains any terms. As long as the agreement is made legally and in good faith and does not violate public order, decency,” Ni Komang asserted.

Justices’ Advice

Constitutional Justice Daniel Yusmic P. Foekh highlighted the formatting of articles and paragraphs in the petition. Paragraphs, he said, are to be put in brackets. He also requested that the Petitioner include the State Gazette if the elucidation was mentioned. He also asked the Petitioner to state his profession. “Please explain this in the revision, so that the constitutional impairment be obvious,” he said.

Next, Constitutional Justice Enny Nurbaningsih commented that the Consumer Protection Law was created to improve consumers’ dignity of, including as responsible business actors. “That’s where the Consumer Protection Law comes in handy,” she said. Therefore, she asked the Petitioner’s counsels to take a closer look at the entire law. She also said that the judicial review of the Consumer Protection Law reflects the enthusiasm of young people in their 20s who have a strong concern for constitutional rights.

Meanwhile, Constitutional Justice Manahan M. P. Sitompul requested that the Petitioner revise the part on the Court’s authority. “Because today there has been a new Constitutional Court Law, No. 7 of 2020. Include it. In addition, although the petition is related to a concrete case, the Petitioner should explain his constitutional impairment,” he stressed.

Writer        : Nano Tresna Arfana
Editor        : Lulu Anjarsari P.
PR            : Raisa Ayuditha
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 3/15/2022 15:00 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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