KAJIAN YURIDIS TERHADAP PENERAPAN PASAL 9 AYAT (1) HURUF K DAN PASAL 10 HURUF C UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 659 K/Pdt.Sus/2012

 |  Written by hans  | 
TitleKAJIAN YURIDIS TERHADAP PENERAPAN PASAL 9 AYAT (1) HURUF K DAN PASAL 10 HURUF C UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DALAM PUTUSAN MAHKAMAH AGUNG NOMOR 659 K/Pdt.Sus/2012
Publication TypeThesis
Year of Publication2015
AuthorsRIANTI, SANICIPTI
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Advertisement is a media used by business to introduce their products.
Consumers use it as a mean to obtain the information about the goods and or
services before they do transaction. In some cases of consumer disputes, there has
been a violation by business associated with the information delivered by the
advertisement that does not correspond to the actual conditions of the goods
which leads to the misleading advertisement. To know the actual information
about the conditions of the goods or services is the consumers right set out in the
act, so that businesses oblige to pass the actual information about the products to
the consumers. The case of consumer disputes related to the misleading
advertisement that has been tried in the Supreme Court is the case between PT.
Nissan Motor Indonesia as the business against Ludmilla Arif as the consumer.
Ludmilla Arif felt disadvantaged due to a mismatch information related to the use
of fuel products of PT. Nissan Motor Indonesia because the advertisement stated
that the product was economical, but in fact after about two month use it was not
as what it was advertised. Supreme Court decision Number 659 K/Pdt.Sus/2012
concluded that PT. Nissan Motor Indonesia has proven to violate the provisions
of Article 9 paragraph (1) letter k and Article 10 letter c of Law No. 8 of 1999 on
Consumer Protection because business had offered a promise or condition that is
not true and misleading. This study used normative juridical method where data
obtained from library research. The results of this study stated that the judge in
the Supreme Court Decision Number 659 K/Pdt.Sus/2012 was right in applying
the law as PT. Nissan Motor Indonesia met the elements contained in Article 9
paragraph (1) letter k and Article 10 letter c of Law No. 8 of 1999 on Consumer
Protection. Application of the law by the judge in the decision is less complete.
PT. Nissan Motor Indonesia in the legal considerations should also be declared
that it also violated the Article 1458 Civil Code and 1474 Civil Code related to
the responsibility of the seller to bear the material it sells, and it also violated the
Article 4 letter c of law No. 8 of 1999 on Consumer Protection which contains the
consumers rights related to the actual information of the goods or services.

 

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