Consumer Protection If Goods from Online Shop Do Not Match

Consumer Protection in the ITE Law

Related to sale and purchase transactions carried out online, Article 9 of the ITE Law explains the responsibilities of business actors, namely:

“Business actors who offer products through Electronic Systems must provide complete and correct information regarding contract terms, manufacturers, and products offered.”

Then, Article 12 Paragraph (3) of the ITE Law affirms that:

“Everyone who violates the provisions as referred to in paragraph (1) is responsible for all losses and legal consequences arising.”

Business actors or sellers online shop if proven to have committed fraud, for example using a false identity or committing trickery in buying and selling online, he can be subject to criminal penalties based on Article 378 of the Criminal Code jo. Article 28 paragraph (1) of the ITE Law.

Consumer Protection if Goods Online Shop Do Not Match

Article 7 letters a, b, and g of the Consumer Protection Law states that business actors have an obligation to act in good faith in carrying out their business, provide true, clear and honest information about the condition of the goods, and provide compensation, damages, or replacement of goods to match what has been agreed upon.

Referring to the regulations above and the existence of Article 4 of Law Number 8 of 1999 concerning Consumer Protection, if customer receiving goods that do not match the order, then he is entitled to receive compensation and/or damages and/or replacement so that consumer rights can be fulfilled.

Business actors who are proven to have violated by trading goods and/or services that do not match the promises in labels, tags, information, advertisements or promotions can be criminally sanctioned based on Article 62 paragraph (1) of the Consumer Protection Law with a maximum imprisonment of 5 years or a maximum fine of Rp2 billion.

If the consumer still feels dissatisfied and wants firm action, then the consumer can also file a complaint to:

1. The Police, if customer want the business actor to get criminal sanctions.
2. The Consumer Dispute Resolution Agency or the Non-Governmental Consumer Protection Agency, if customer want to get financial compensation.
3. Complaints to the authority institution, if customer want the business actor to be subject to administrative sanctions, for example for customer medicines can file a complaint to BPOM.
4. Requesting LPKSM to submit legal standing, if customer want the business actor to stop or take certain actions.
5. The Honorary Council of Professional Discipline, if customer want the professional organization to file professional disciplinary action.

In addition, if the goods received by customer do not match the photos in the advertisement, consumers from online shop can also sue the seller civilly on the grounds of default on the sale and purchase transaction made.

Default according to R. Subekti is a negligence or omission that includes 4 kinds of conditions, namely:

1. Not doing what was promised to be done.
2. Carrying out what was promised, but not as promised.
3. Doing what was promised but late.
4. Doing something that according to the agreement should not be done.

If one of these 4 conditions occurs, such as goods received by customer does not match what is contained in display store online, then customer can sue civilly on the grounds of default.

That is the explanation regarding consumer protection if the goods from online shop received are not as expected.

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