Principle Of Strict Liability In Product Reviews Via Social Media (A Comparative Study Of Consumer Protection Laws In Indonesia And The Netherlands)

Abstract

Nowadays, social media has become one of the main platforms for users to share experiences and provide reviews on products or services. However, on the other hand, consumers must also restrain themselves on social media due to the subjective side of reviewing product. Submitting complaints is the simplest and most effective ways to let businesses know the dissatisfaction of consumers. However, Indonesia has not fully recognized the existence of the principle of strict liability in consumer protection when compared to Dutch consumer law. Based on the background, the problem formulations are: (1) How is the principle of strict liability regulated in the context product review via social media in Indonesia and Netherlands?; (2) What are the challenges and opportunities in regulating the principle of strict liability in product reviews via social media based on Indonesian Consumer Protection Law?. This article is using the normative legal research in the form of a literature study which is carried out by tracing primary and secondary legal materials. There are three legal approaches in this research, such as statute approach, conceptual approach, and comparative approach. The data was processed systematically based on legal materials. Indonesia does not yet implement the strict liability principle fully. Because the rules of Article 19 paragraph (5) of Law No. 8 of 1999 still provide discretion to business actors to prove that a defective product does arise due to the fault of the consumer himself. This becomes a legal obstacle for consumers in implementing the principle of strict liability. In other side, currently the general legal basis for product review will refer to Law No. 1 of 2024 as the new amendment of ITE Law. The enforcement of strict liability in Indonesia faces significant challenges, including business resistance due to increased manufacturing costs and the lack of resources for efficient consumer dispute resolution. In addition, there is currently no legal process that accommodates quick and cheap legal remedies like The Kantonrechter, this becomes a sort of challenge. While Indonesia lacks specific consumer protection regulations for product reviews on social media, the amendments to the ITE Law through Law No. 1 of 2024 present an opportunity to establish legal safeguards for product reviewers.