Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

GUGATAN CLASS ACTION SEBAGAI PENEGAKAN HUKUM PRIVAT ATAS PRODUK PALSU YANG MEMBAHAYAKAN KESELAMATAN KONSUMEN

Saputra, Rio (Unknown)
Darmawan, Didit (Unknown)



Article Info

Publish Date
30 Dec 2025

Abstract

This literature study aims to reconstruct the class action lawsuit as an effective private enforcement instrument in addressing counterfeit products that endanger consumer safety. Employing a qualitative normative juridical method with content analysis techniques, this research examines secondary data from legislation, legal literature, and judicial practices. The findings indicate that the theoretical construction of class action requires a paradigm shift from mere procedural efficiency to an active private enforcement mechanism prioritizing consumer safety. Normative and procedural critical points, particularly in proving collective causation and calculating latent damages, can be overcome through risk-based evidence, a redefinition of commonality, and a differentiated compensation scheme. An effective enforcement design must integrate a court-supervised collective compensation fund, specific execution of injunctive relief such as mandatory recalls, the application of disgorgement of profits and coercive fines (astreinte), and robust post-judgment monitoring. This study concludes that a comprehensively redesigned class action mechanism, synchronized with consumer protection law and coordinated with public enforcement, can simultaneously achieve restorative justice for victims and optimal deterrence for violators. This reconstruction enriches civil procedure theory and offers practical guidance for judges, legislators, and consumer advocates in combating the circulation of hazardous counterfeit goods.

Copyrights © 2025






Journal Info

Abbrev

home

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. ...