How Are Business Actors Responsible for Consumer Losses in Default Cases? An Analysis of Indonesian Consumer Protection Law

Abstract

Consumer protection is an integral part of healthy business activities. Default is one of the parties to the agreement which constitutes negligence to meet the conditions set forth in an agreement. This research aims to find out the form of responsibility of businesses for consumer losses due to default and a form of consumer protection for consumer losses due to default. The method of this research is an empirical legal research method or empirical juridical, which is where this empirical law research discusses how the law can operate in society (ius operatum). The results of the study explained that the Consumer Protection Act No. 8 of 1999 already has provided good protection to consumers. This is evident from its wide material coverage and provides maximum protection for consumers. One of them is by regulating the responsibility of businesses to losses experienced by consumers from the sale or transaction. The conclusion of this study shows that the responsibility of businesses for consumer losses due to default under Law No. 8 of 1999 on Consumer Protection can be done by continuing/canceling the agreement and indemnifying losses incurred as a result of the default. It is in accordance with the positive law that applies in Indonesia namely that a consumer if harmed in consuming goods or services, can sue the party that caused the loss. With the qualification of a default lawsuit or an act against the law.