Today’s Legal Enlightenment (Tuesday, 25 October 2022)

ACTIONS THAT AGITATE PRODUCT CONSUMERS ARE UNLAWFUL ACTS

According to the permanent jurisprudence of the Supreme Court of the Republic of Indonesia, the criteria for an unlawful act can come from the following:

a. Laws, namely acts contrary to the legal obligations of the perpetrator or acts violating the subjective rights of others;

b .Unwritten laws, namely acts violating the rules of ethics or contrary to the principles of propriety, thoroughness, and caution that a person should have in association with fellow citizens or against other property.

The Defendant did not publish the results of research that agitated the Plaintiffs and the public and did not announce a product that was contaminated to anticipate the agitation of the Plaintiff and the public. At the same time, the Plaintiff’s capacity was evident as they were acting on behalf of themself and as a consumer of the product in question. This is an unlawful act issue, not a consumer dispute.

–> Supreme Court Decision in Cassation Level No. 2975 K/Pdt/2009, 26 April 2010.

Source Varia Peradilan No. 321, August 2012

Best regards,

Fredrik J. PInakunary