PERLINDUNGAN HUKUM KONSUMEN ATAS CACAT TERSEMBUNYI TERKAIT RANGKA PATAH SEPEDA MOTOR

Anti Setyowati, NIM.: 20103040067 (2024) PERLINDUNGAN HUKUM KONSUMEN ATAS CACAT TERSEMBUNYI TERKAIT RANGKA PATAH SEPEDA MOTOR. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research is motivated by the numerous cases of motorcycle frames that suddenly break, indicating the existence of hidden defects that financially harm consumers and endanger their lives. Although Indonesia has a Consumer Protection Law, legal protection regarding hidden defects in motorcycle frame damage still needs further study. The problem to be examined in this research is the form of legal protection for consumers related to hidden defects in motorcycle frame damage and its compliance with the applicable consumer protection laws. This research employs an empirical juridical approach, utilizing primary data obtained through field interviews and observations, as well as secondary data obtained from literature studies of primary legal materials such as the Consumer Protection Law and the Civil Code, as well as secondary legal materials such as books, journals, and related research findings, which are then processed and analyzed qualitatively. From the research results, it can be concluded that the form of preventive legal protection related to hidden defects is regulated in Articles 8-11 of the Consumer Protection Law, with the obligation for business actors to provide complete product information. Meanwhile, repressive protection is regulated in Article 12 of the Consumer Protection Law, with the obligation to provide compensation if it harms consumers, and Articles 13-17 regulate the obligation to recall defective products. However, the legal protection provided by AHM is not fully in accordance with the Consumer Protection Law, and is even considered to violate Articles 8, 9, 10, 11 regarding the obligation to provide product information, as well as Article 12 if proven to harm consumers. It is recommended to revise the Consumer Protection Law by adjusting to the UN consumer protection standards and strengthening penalties for violations. Additionally, encouraging business actors to conduct periodic product audits involving internal and external auditors who are objective to ensure product safety and quality.

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