Business Owners’ Responsibilities to Consumers Due to Defected Products

Abstract

This research aims at examining the form of business owners' responsibilities to consumers in terms of defected products, following up on the efforts that can be taken if there are business owners who do not fulfill their responsibilities. The research method used is normative and empirical legal research, and the type of research is analytic studies by combining generally binding legal material in the form of legislation, supported by previous legal research, legal scholars' scientific work, and legal encyclopedias. In the study of the effectiveness of law enforcement in the community, this norm is deemed necessary to be reconstructed so that the purpose of the norm is able to bridge justice, certainty, and legal benefits. The focus of normative research is an inventory of written positive law, especially regarding the regulation of business owners’ responsibilities in buying and selling in the legal perspective of consumer protection in The Law No. 8 of 1999 concerning Criminal Law and related regulations on defective products. Legal material analysis technique used is qualitative descriptive. The determination of subjects in this research used simple random sampling technique. Empirical legal research, the achievement of aspects of justice, legal certainty, and legal benefits is based on sociological course of jurisprudence. The research results showed that business owners are responsible if the product context is completely defective. The effort taken from the business owner that does not want to be responsible for the occurrence of product defects in the sale and purchase transaction is to resolve the dispute resolution and family approach. If it does not work, then it can be taken through the court.