Principle Of Strict Liability In Product Reviews Via Social Media (A Comparative Study Of Consumer Protection Laws In Indonesia And The Netherlands)
Abstract
Nowadays, social media has become one of the main platforms for users to
share experiences and provide reviews on products or services. However, on the other
hand, consumers must also restrain themselves on social media due to the subjective
side of reviewing product. Submitting complaints is the simplest and most effective
ways to let businesses know the dissatisfaction of consumers. However, Indonesia has
not fully recognized the existence of the principle of strict liability in consumer
protection when compared to Dutch consumer law. Based on the background, the
problem formulations are: (1) How is the principle of strict liability regulated in the
context product review via social media in Indonesia and Netherlands?; (2) What are
the challenges and opportunities in regulating the principle of strict liability in product
reviews via social media based on Indonesian Consumer Protection Law?. This article
is using the normative legal research in the form of a literature study which is carried
out by tracing primary and secondary legal materials. There are three legal approaches
in this research, such as statute approach, conceptual approach, and comparative
approach. The data was processed systematically based on legal materials. Indonesia
does not yet implement the strict liability principle fully. Because the rules of Article
19 paragraph (5) of Law No. 8 of 1999 still provide discretion to business actors to
prove that a defective product does arise due to the fault of the consumer himself. This
becomes a legal obstacle for consumers in implementing the principle of strict liability.
In other side, currently the general legal basis for product review will refer to Law No.
1 of 2024 as the new amendment of ITE Law. The enforcement of strict liability in
Indonesia faces significant challenges, including business resistance due to increased
manufacturing costs and the lack of resources for efficient consumer dispute resolution.
In addition, there is currently no legal process that accommodates quick and cheap legal
remedies like The Kantonrechter, this becomes a sort of challenge. While Indonesia
lacks specific consumer protection regulations for product reviews on social media, the
amendments to the ITE Law through Law No. 1 of 2024 present an opportunity to
establish legal safeguards for product reviewers.
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