Sep 2026· Siber International Journal of Advanced Law (SIJAL)· 0 citations· 5 references
Abstract
Consumer protection law seeks to correct the imbalance between consumers and business actors, yet Indonesian law remains ambiguous about the relationship between strict liability and the reversed burden of proof. This article examines how Articles 19, 22, and 28 of Law Number 8 of 1999 interact with Article 163 of the HIR and Article 1865 of the Civil Code, using East Jakarta District Court Decision Number 535/Pdt.G/2022/PN.Jkt-Tim. The study applies normative legal research with case analysis and comparative references to developments in the United States and European Union. It finds that Indonesian consumer law does not establish absolute liability; instead, it combines liability subject to statutory defences with a limited evidentiary shift concerning fault. Judicial practice, however, returns the entire burden to consumers or transfers it wholesale to businesses, producing inconsistent protection and procedural unfairness. The article proposes a proportional three-stage model: consumers first establish transaction, loss, and plausible causation; business actors then rebut fault, defect, or responsibility through evidence within their control; and adjudicators assess all evidence. This model constitutes the study’s novelty because it separates substantive liability from evidentiary allocation while integrating consumer access to justice, business due process, and overall legal certainty.
The legal significance of strict liability in mining arises from the sector’s capacity to generate technically complex, diffuse, and long-latency environmental harm that is difficult to address through fault-based litigation alone. This study aims to evaluate how the post-Omnibus Law reformulation of Article 88 of Law...
Unknown authors· Journal of Environmental Sci...· 0 citations
This study aims to analyze the legal liability of cleaning service providers for consumer losses resulting from the negligence of field workers and to examine the legal status of standard clauses limit or transfer business actors' liability for damage to consumers' property under Law Number 8 of 1999 concerning Consume...
Felice Cassidy, Melisa Chua, S. Silvia et al.· West Science Social and Huma...· 0 citations
This article critically analyses unlawful-act liability in the regulation and supervision of online lending by Indonesia's Financial Services Authority (OJK) through Cassation Decision Number 1206 K/Pdt/2024. It expressly separates the court's ratio and dispositive order from the authors' normative evaluation. The stud...
As a crucial legal institution for protecting corporate trade secrets and maintaining fair competition order, the non-competition prohibition system has undergone new regulatory adjustments following the 2023 revision of the Company Law. However, issues concerning the scope of obligated subjects, standards for identify...
Xiao-Tian Zhang· Lecture Notes in Education P...· 0 citations
This study examines whether disputed amendments to a commercial supply relationship altered or replaced the principal obligation secured by land security rights and how Indonesian courts assessed consent, documentary proof, and enforceability. The research uses a normative juridical method with statutory, case, and con...
Masayu Robianti, Sri Zanariyah· Journal of law review· 0 citations
Economic globalisation has multiplied cross-border agreements in which Indonesian and foreign parties frequently adopt English as the sole contract language, yet Article 31 of Law Number 24 of 2009 requires that any agreement involving Indonesian subjects be drawn up in Indonesian, creating a normative tension with the...
A. Dewi, Munawir Munawir, Nurhilmiyah Nurhilmiyah et al.· Smart Society· 0 citations
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