사용자:HappyMidnight/인도네시아 소비자보호법

위키문헌 ― 우리 모두의 도서관.
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제1장 총칙[편집]

제1조

In this Act referred to as:

1. Consumer protection is all the effort that guarantees the legal certainty to provide protection to the consumer.

2. Consumers are everyone user of goods and / or services available in the community, for the benefit of themselves, their families, other people, and other living beings and not for sale.

3. Business actor is any individual or business entity that is a legal entity and not a legal entity established and domiciled or conducting activities within the jurisdiction of the Republic of Indonesia, either individually or jointly by agreement for business activities in various economic fields.

4. Goods are any objects both tangible and intangible, whether movable or immovable, can be spent or not spent, which can be to be traded, used, used or used by consumers.

5. Service is any service in the form of work or performance are provided for the public to be used by consumers.

6. Promotion is an activity introduction or dissemination of information goods and / or services to attract consumers to buy the goods and / or services that will be and are being traded.

7. Imports of goods activities to supply goods to the customs area.

8. Imports of services is the provision of foreign services to be used within the territory of the Republic of Indonesia.

9. Governmental Consumer Protection Agency is a non-government registered and recognized by the Government which has activities addressing consumer protection.

10. 약관(Clause Baku) are any rules or terms and conditions have been prepared and determined in advance unilaterally by businesses set forth in a document and / or a binding contract and must be met by consumers.

11. Consumer Dispute Settlement Board is the body responsible for handling and resolving disputes between businesses and consumers.

12. National Consumer Protection Agency is a body set up to assist the development of consumer protection.

13. Minister is the minister whose scope of duties and responsibilities includes the field of trade.

제2장 원칙과 목적[편집]

제2조

Berasaskan consumer protection benefits, justice, equity, security and safety of consumers, as well as legal certainty.

제3조

Consumer protection aims:

a. raising awareness, ability and independence of the consumers to protect themselves;

b. raise the dignity dissuade consumers by way of negative excess consumption of goods and / or services;

c. boost consumer empowerment in selecting, specifying, and demand their rights as consumers;

d. create a consumer protection system contains elements of legal certainty and transparency of information and access to information;

e. raise awareness of businesses about the importance of consumer protection so that the growing attitude of honest and responsible in the attempt;

f. improve the quality of goods and / or services, ensure the continuity of the production of goods and / or services, health, comfort, security, and safety of consumers.


제3장 권리와 의무[편집]

제1절 소비자의 권리와 책임[편집]

제4조

Consumer rights are:

a. the right to comfort, security and safety in mengkonsurnsi goods and / or services;

b. the right to choose the goods and / or services and obtain goods and / or services in accordance with the exchange rate and conditions and guarantees promised;

c. the right to information is correct, clear and honest about the condition and guarantee of the goods and / or services;

d. the right to be heard opinions and complaints on goods and / or services used;

e. right to advocacy, protection and mediation in consumer protection should;

f. the right to receive guidance and consumer education;

g. the right to be treated or serviced properly and honestly and not discriminatory;

h. the right to obtain komnpensasi, compensation and / or reimbursement, if the goods and / or services received are not in accordance with the agreement or not as it should be;

i. the rights set forth in the provisions of other legislation.

제5조

Obligations of the consumer are:

a. read or follow instructions and procedures for the use of the information or the use of goods and / or services, for security and safety;

b. acting in good faith to make purchases of goods and / or services;

c. pay according to the agreed exchange rate;

d. follow the efforts to resolve the legal dispute should consumer protection.

제2절 사업자의 권리와 의무[편집]

제6조 Rights of businesses are:

a. the right to receive payment in accordance with an agreement on the conditions and the exchange rate of the goods and / or services traded;

b. the right to obtain legal protection of consumer action that bad faith;

c. the right to defend themselves properly on the legal settlement of consumer disputes;

d. the right to rehabilitation of legally if it is proved that the consumer loss is not caused by the goods and / or services traded;

e. the rights set forth in the provisions of other legislation.

제7조

Obligations of businesses are:

a. acting in good faith in conducting its business activities;

b. provide true, clear and honest about the condition and guarantee of the goods and / or services and give an explanation pcnggunaan, repair and maintenance;

c. treat or serve customers properly and honestly and not discriminatory;

d. guaranteeing the quality of goods and / or services produced and / or traded under the provisions of the quality standards of goods and / or services are applicable;

e. gave consumers a chance to test, and / or try the goods and / or services as well as the guarantee and / or warranty on goods manufactured and / or traded;

f. compensation, compensation and / or reimbursement of losses due to the use, consumption and utilization of goods and / or services traded;

g. compensation, compensation and / or replacement if the goods and / or services received or used not in accordance with the agreement.

제4장 기업의 금지된 행위[편집]

제8조

1. Business actors are prohibited from producing and / or trading goods and / or services:

a. does not meet or does not comply with the required standards and regulations and legislation;

b. not in accordance with the net weight, net or net contents, and the number in a matter as stated in the label or label goods;

c. not according to the size, measure, weight and number in a matter according to the actual size;

d. not in accordance with the conditions, warranties, features or efficacy as stated on the label, the label or description of goods and / or services,

e. not in accordance with the quality, grade, composition, processing, style, fashion, or particular use as stated in the label or description of goods and / or services;

f. not in accordance with the promises stated in the label, label, information, advertising or sales promotion of goods and / or services;

g. does not specify an expiration date or period of use / utilization of the nicest on the goods;

h. do not follow the provisions of halal production, as well as a statement of "kosher" included in the label;

i. do not attach a label or to make an explanation of goods bearing the names of goods, size, weight / volume net or net, composition, rules of use, date of manufacture, the side effects, the name and address of businesses as well as other information for use in accordance with the provisions to be installed / created ;

j. do not include the information and / or instructions for using the Indonesian goods in accordance with the provisions of applicable law.

Business actors prohibited goods, damaged, defective or used, and polluted without providing complete and correct information on the goods in question.

Business actors are prohibited from pharmaceutical and food are damaged, defective or used and polluted, with or without rnemberikan information is complete and correct.

Industrialist offense in paragraph 1 and paragraph 2 are prohibited from trading goods and / or services and must withdraw.

제9조

1. Business actors are prohibited from offering, promoting, advertising goods and / or services incorrectly, and / or as if:

a. The goods have met and / or have a discounted price, special price, a certain quality standard, a certain style or fashion, certain characteristics, history or specific order;

b. the goods are in good condition and / or new;

c. goods and / or services have been obtained and / or have a sponsor agreement, certain equipment, certain advantages, the characteristics of a particular job or accessories;

d. goods and / or services are manufactured by companies that have a sponsor, approval or affiliation;

e. goods and / or services provided;

f. The item does not contain hidden defects;

g. The goods rnerupakan completeness of certain goods;

h. the goods come from a particular region;

i. directly or indirectly degrading the goods and / or services;

j. use exaggerated words, such as safe, harmless, no risk or side effect without complete information;

k. offer something that holds promise uncertain.

2. Goods and / or services referred to in paragraph 1 may not be traded.

3. Industrialist violation of paragraph 1 may continue to offer, promotion, and advertising of goods and / or services.

제10조

Of efforts in offering goods and / or services that are held for trading are prohibited from offering, promoting, advertising or make statements that are untrue or misleading representations concerning:

a. prices or tariffs of goods and / or services;

b. usefulness of the goods and / or services;

c. condition, dependents, guarantees, rights or compensation for goods and / or services;

d. offer discounts or attractive prizes offered;

e. that the use of goods and / or services.


제11조

Perpetrators of business in terms of sales conducted through sale or auction method, are prohibited deceive / mislead consumers by:

a. declare the goods and / or services as if it has met certain quality standards;

b. declare the goods and / or services as if it does not contain hidden defects;

c. do not intend to sell the goods offered, but with the intent to sell other goods;

d. does not provide the goods in a certain amount and / or a sufficient amount with the intention of selling the goods of others;

e. do not provide services in a certain capacity or in an amount sufficient for the purpose of selling the services of others;

f. raise prices or tariffs of goods and / or services before making a sale.

제12조

A business agent shall offer, promote or advertise goods and / or services at prices or special rates within a certain amount of time and, if the business operators do not intend to implement it according to the time and the amount offered, promoted or advertised.

제13조

1. A business agent shall offer, promote or advertise goods and / or services using the promise of giving gifts of goods and / or services for free with the intention of not giving or giving not as promised.

2. Business actors are prohibited from offering, promoting or advertising drugs, traditional medicines, food supplements, medical devices, and healthcare services using the promise of giving gifts of goods and / or other services.

제14조

Of efforts in offering goods and / or services, intended for trading by giving prizes through lottery, it is forbidden to:

a. not to withdraw the prize after the deadline promised;

b. announce the results are not through the mass media;

c. give gifts not to the promise;

d. substitute the prize is not equivalent to the value of the promised reward;

제15조

Of efforts in offering goods and / or services prohibited by means of coercion or other means that can cause both physical and psychological disturbance to the consumer.

제16조

1. 경영주는 상품 및/또는 용역을 권유함에 있어서, 다음 각호의 행위가 명령을 통하여 금지된다.

a. not keep order and / or agreement settling time than promised;

b. do not keep their promises on a service and / or achievements.

제17조

1. 광고주는 다음 광고를 제작하는 것으로부터 금지된다.

a. 재화나 용역의 품질, 양, 재질, 용도, 가격, 또한, 재화 및/또는 용역의 배송 시간의 정확성에 따른 용역비에 관하여 소비자를 기망하는 것

b. 재화 및/또는 용역에 관한 보증을 속이는 것

c. 재화나 용역에 관한 잘못된 또는 정확하지 아니한 정보를 담는 것

d. 재화 및/또는 용역의 사용의 위험에 관한 정보를 담지 않는 것

e. 권한을 가진 자의 동의 또는 관련이 있는 자의 비준 없이 어떤 사건 또는 인물에 관한 사항을 배포하는 것

f. 윤리 또는 광고에 관한 법률 규정을 위반하는 것

2. 광고주는 제1항의 규정을 이미 위반한 광고를 계속 배포하는 것이 금지된다.

제5장 표준약관에 포함된 조건[편집]

제6장 경영자의 책임[편집]

제19조

1. Business actors are responsible for providing compensation for damage, contamination, and / or loss of customers due to the consumption of goods and / or services produced or traded.

2. Compensation referred to in paragraph 1 can be either a refund or replacement of goods and / or services similar or equivalent value, or a health care and / or donations in accordance with the provisions of the legislation in force.

3. Indemnity carried out within a period of seven (7) days after the date of the transaction.

4. Compensation referred to in paragraph 1 and paragraph 2 did not eliminate the possibility of criminal charges based on further evidence regarding the existence of an element of error.

5. The provisions referred to in paragraph 1 and paragraph 2 shall not apply if businesses can prove that the error was a mistake the consumer.

제20조

광고주는 제작한 광고와 그 광고로부터 야기되는 모든 결과에 대하여 책임이 있다.

제21조

1. Importers will be responsible as a maker of imported goods when imported goods are not carried out by an agent or representative of foreign manufacturers.

2. Importers services responsible for foreign service providers where the provision of foreign services are not performed by the agent or representative of a foreign service providers.

제7장 관리와 감시[편집]

제1절 개발[편집]

제2절 감시[편집]

제8장 국가 소비자 보호 위원회[편집]

제1절 이름, 지위, 기능과 임무[편집]

제2절 조직의 구조와 회원[편집]

제9장 비정부 소비자 보호 기관[편집]

제10장 분쟁 해결[편집]

제1절 총칙[편집]

제2절 법정 외 분쟁해결[편집]

제3절 법정을 통한 분쟁해결[편집]

제11장 소비자분쟁해결 기관[편집]

제12장 조사[편집]

제13장 제재[편집]

제1절 행정 처분[편집]

제2절 형사 처벌[편집]

제14장 경과 조항[편집]

제15장 종결[편집]