The Action Of Sharing Consumer Reviews On Social Media From The Perspective Of The Electronic Information And Transactions Act

Abstract

This research is made in purpose to analyse whether or not the action of sharing consumer review on social media could be considered as a crime based on Electronic Information and Transaction Act. The research is done by using statute approach and conceptual approach. The analysis of the research showed that the action of sharing consumer review in social media is a part of consumer rights stipulated in Article 4 Law no. 8/1999 on Consumer Protection. Nonetheless, the action could also be recognized as crimes as stated in Law no. 19/2016 on Electronic Information and Transaction if fulfilling the elements of the crime stated in Article 27 section (3) and Article 28 section (1) of the act and the action is done not based on Consumer Protection Act. Still, elements like ‘insult’ stated in the article is not in accordance with the Joint Decree of minister of communication and informatics, attorney general, and head of police, no. 229/2021, 154/2021, KB/2/VI/2021. The act is also lacking regarding the material article stipulated in Article 28 paragraph (1) on the consumer loss. In line with that, this research recommends for the Act to be revised so there will be no clash with other legal material.