Amin Muhammad
Universitas Khairun

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Analisis Hukum Ganti Rugi terhadap Konsumen sebagai Tanggung Jawab Pelaku Usaha Amin Muhammad; Muhd Basri Hamasya
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 6 No. 3 (2026): September: Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v6i3.13290

Abstract

Consumer protection encompasses all efforts aimed at ensuring legal certainty in providing protection to consumers. The enactment of Law Number 8 of 1999 concerning Consumer Protection constitutes a legal framework intended to strengthen consumers’ bargaining position and prevent consumers from being placed in a vulnerable position. This article demonstrates that consumer protection was initially limited to the provisions of the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata), which require proof of both the loss suffered and the fault giving rise to such loss. In contrast, under the Consumer Protection Law, consumers are only required to establish the occurrence of a loss without having to prove the fault of the business actor, through a reverse burden of proof whereby the burden of proving the absence of liability is imposed upon the business actor. This article further examines the importance of applying the precautionary principle as a form of responsibility on the part of business actors in producing goods and/or services by prioritizing consumer safety and comfort. The precautionary principle constitutes a preventive measure for consumer protection, as it encourages business actors to refrain from producing or distributing goods and/or services while disregarding consumers’ rights. This approach is reinforced by the application of the reverse burden of proof imposed upon business actors. Consequently, goods and/or services circulated within the community are expected to meet safety and consumer protection standards throughout the production process, distribution process, and delivery to consumers.