Aspects of criminal law

in consumer protection
Law
Start from art 60 CPL
Nicolette Alicia Johnson
FH UI KKI 2017
• Art 62: The criminal law in consumer protection law, delik pidana
• Art 8,9,10 : terhadap these articles
• Art 8: under the chapter on prohibitions, under this chapter
prohibitions are art 8 and art 17 and Art 18
Legal Basis
• Art 62
• (1) suppliers violating the provisions as intended in article 8, 9, 10, 13
par 2, art 15, 17 par 1 letter a, b, c, par 2, and art 18 shall be penalized
with a max of five years in prisons or a max fine of Rp 2,000,000,000 2
Billion
• (2) suppliers violating the provisions as intended in art 11,12,13 (1),
14, 16, art 17 (1) pint f shall face a max criminal penalty of 2 years in
prison or a max of fine Rp 500,000,000 500jt
• The simple one is the perbuatan yang dilarang dan klausa baku
Art 62 not an offense on complaint
• Preliminary investigation or investigation regarding the violation of art
62 can be conducted based on:
• Initiative of investigator both POLRI or PPNS
• Report from BPSK to the police
• Report from the public (consumer) to the police
Art 63
• The following additional punishments may be imposed on the
criminal sanctions as intended in art 62:
• A. confiscation of certain goods
• B. announcement of the court decision
• C. payment of compensation
• D. order for the halt of certain activities causing detriment for consumers
• E. obligation to withdraw goods from circulation or
• F. revocation of business license
Compensation shall not eliminate
the criminal claim – art 19 par 4
• Compensation for losses as intended in par 1 and 2 shall not eliminate
the possibility of a criminal claim to arise based on further evidence
of the existence of a fault
• Art 45
• investigation art 59
• BPSK decision is a sufficient preliminary evidence – art 56
• Art 61: a legal entity can also be charged for a criminal offence not
only the entrepreneurs
Graph

Violating
BPSK Decision is a Sufficient
Preliminary Evidence – Art 56
• (1) by no later than 7 bus day as from the receipt of the decision of
the consumer dispute settlement board as intended in Article 55,
business agents must perform the aforementioned decision.
• (3) business agents who do not submit objections within the time
frame as intended in par (2) shall be deemed to accept the decision of
the consumer dispute settlement board.
Evidence – proofing system -
reversed
• Art 22: kasus pidana, memperjuangkan kepentingan umum, thus the
jaksa udah bayar ??
• Art 22: Proof of any faults in the criminal case as intended by Article
19 5echon 4, Article 20, and Article 21 above shall be the burden and
responsibility of the entrepreneurs, without excluding the possibility
for the Public Prosecutor to prove it. These articles do not represent a
criminal delict according to art 62.
• Elucidation of art 22: this provision is intended to apply the reversed
proofing system
• Art 28: the differences and similarities with art 22
Questions
1. What is the proofing system to the violation of art 62?
1. There are no proofing system because there is a flaw in regards to art 22
2. Does the consumer protection law acknowledge corporate criminal
liability?
1. Art 61: a legal entity can also be charged for a criminal offence not only the
entrepreneurs
3. What are the benefits for an arguing criminal offence?
4. Does CPL over criminalized business enactor?
Corporate Criminal Liability
• Barda Nawawi Arief: In principle, corporate may has the liability as
individual with 2 exceptions:
• In cases where cannot be done by corporate such as rape etc
• In the criminal cases where sanctions are imprisonment or death sentence.
Characters of criminal law
• Applied if there is a violation of state law through its instrument, not
the individuals who suffered losses
• Pompoe: reasons for the imposition of penalty imposed is to defend
the public interest
• Van Bemmelen: criminal law is the ultimum remedium (the last
drug/medicine)
• If another parts of the law are insufficient to enforce the norms that
are recognized by law then the criminal law is applied
Benefits for arguing criminal offence
• Consumers are not burdened to process a violation that occurred
• Consumers are not burdened with proving
• Verdict of the criminal case becomes evidence in a civil procedure
lawsuit
• Can provide a deterrent effect for business enactors
Assignment individual
• Read Indonesian advertising code of ethic (etika pariwara Indonesia),
year 2015 maybe
• Find one advertisement that violates it and analyze it based on the
CPL and EPI.