Eksistensi Perlindungan Konsumen terhadap Produk Cacat dalam Kerangka Hukum Positif Indonesia

Abstract

This study analyzes the existence and effectiveness of consumer protection against defective products within the framework of Indonesian positive law. It employs a normative legal research method using both statutory and conceptual approaches, focusing on Undang-Undang Nomor 8 Tahun 1999  concerning Consumer Protection (UUPK) and related regulations. The main discussion concerns the liability of business actors for defective products, particularly as regulated in Articles 19 to 28 of the UUPK. These provisions include the principle of strict liability, the obligation to provide consumers with accurate, clear, and honest information, as well as mechanisms for compensation and product recalls. The findings indicate that, normatively, the UUPK has established a fairly comprehensive legal framework for consumer protection. It regulates consumer rights, the obligations of business actors, and dispute resolution mechanisms through Badan Penyelesaian Sengketa Konsumen (BPSK) and the courts. However, significant challenges remain in practice. The main issues include the absence of a clear and explicit definition of defective products, limited consumer awareness of their rights, weak supervision of business actors, and the use of standard contract clauses that tend to limit or transfer business liability. Therefore, legal policy reformulation is necessary through revisions to the UUPK that are more responsive to global legal developments, harmonized with international standards, and supported by stronger institutional authority and greater BPSK capacity to handle disputes. Such reforms are expected to make consumer legal protection more effective and to ensure legal certainty, justice, and balance among parties involved in the trade of goods and services in Indonesia.