INTRODUCTION
The current rapid development of the
national economy is due to advances in science and technology. Advances in
science and technology have supported the success of the economy and trade in
Indonesia. The manifestation of developments in the economic and trade sectors
is marked by various food ingredients that are marketed freely, both domestic
and foreign products. Economic progress has spurred the growth of the
production and trade sector which in reality has indirectly created a strong
position for business actors on the one hand, and placed consumers on the weak
side (Syauqi,
2016).
Some business actors in carrying out
their activities often ignore the interests of consumers. Given this position,
consumers are often "forced" to accept goods/ services,
even though they are not in accordance with their needs. Such conditions can
result in the position of business actors and consumers becoming unbalanced.
Consumers whose existence is very
unlimited with very varied strata cause producers to carry out marketing and
distribution activities of goods and/or services in the most effective way
possible in order to reach these very diverse consumers (Wati,
2020). For this reason, all approaches are attempted so that
they cause various impacts, including conditions that lead to negative and even
dishonorable actions that originate from bad intentions. Adverse impacts that
commonly occur, among others, relate to the quality or quality of the goods
from the confectionary material.
Basically, the business actor-consumer
relationship is a dependent relationship, meaning that a business actor cannot
produce goods independently without thinking about how to market them
(Aprianti,
2019). And vice versa, consumers cannot only think that because
they have money, they are free to make their choices. Therefore, a balance is
needed between business actors and consumers. Many business actors take refuge
behind various "pseudo" information provided by business actors to
consumers. Business actors often cover up, relinquish their responsibility to
provide actual information regarding food ingredients to be marketed.
Convenience of consumers in consuming a
food ingredient is a special concern for consumers in particular and business
actors in general. Many considerations are made by consumers in consuming a
food ingredient so that consumers get comfort and safety.
Article 8 paragraph (2) of Law Number 8
of 1999 concerning Consumer Protection (hereinafter written UUPK) states that
Business actors are prohibited from trading damaged, defective or used, tainted
goods without providing complete and correct information on the goods in
question. Consumers have the right to security, that is, consumers have the
right to security for the goods and services offered to them.
The right to obtain correct information
is one of the consumer rights formulated in Article 4 of Law Number 8 of 1999
concerning Consumer Protection (Indonesia,
1999). Besides the rights regulated in article 4 of Law no. 8
of 1999, there are also consumer rights which are formulated in subsequent
articles, especially those formulated in article 7 which regulate the rights
and obligations of business actors. Because it is so important that complete
information on a product and/or service should make business actors aware of
respecting consumer rights, producing quality goods and/ or
services, the time they are consumed or used, following applicable standards at
a reasonable price.
Consuming food can make decisions based
on accurate information so as to create honest and responsible food trade which
will lead to healthy competition among food business actors
(Nurita
& Lubis, 2019). Regarding food that includes a
statement that the food meets these requirements, business actors must be
responsible for the truth of this statement. Provisions regarding food safety,
quality and nutrition circulated in the City of Tidore Islands.
Food ingredients must not be harmful if
consumed so that consumers are not harmed both physically and spiritually.
However, it is known that the circulation of damaged packaged food and
beverages does not only occur in large supermarkets and modern markets.
However, it can also be found in many traditional markets, and it also occurs
in the City of Tidore Islands.
The same provisions also apply to
national food production. For consumers, they need food that is safe for the
health and safety of their bodies and souls. Therefore, what is needed are
legal principles that guarantee safe conditions for each food to be consumed by
consumers and are equipped with correct, honest and responsible information
based on the principle of balance in food buying and selling transactions in
the City of Tidore Islands.
Based on the description above, this is
what is important in this research and is an important highlight and very
interesting to do research on. So in this study, "Implementation of
Imbalance in Food Purchase Transactions in the City of Tidore Islands" was
chosen, as the title in this study which made the authors interested in further
researching and discussing this problem. The aims
of study are; (1) to examine the implementation of equal rights
in food buying and selling transactions in the City of Tidore Islands,
and (2) to analyze legal remedies that can be given to
provide protection for consumers who buy food that is not suitable for
consumption in the City of Tidore Islands.
METHODS
This research uses empirical legal
research, this empirical legal research is carried out by examining the law in
reality on the ground(Efendi
et al., 2016). This type of research is often referred to
as Socio Legal Research(Baker,
2010). In empirical legal research, what is
initially studied is secondary data which is then followed by research on
primary data in the field. While descriptive research is intended to provide
data that is as precise as possible about humans, conditions or other symptoms.
This research can be categorized as descriptive legal research. This research
was conducted in the City of Tidore Islands. The reason for the researchers
choosing this research location was because the researchers came from the
region or area and knew enough about the conditions of the development of cases
in buying and selling food transactions in the area that was the research
objective. So, it is hoped that it can bring benefit and balance in line with
the regulations that apply to the community in the City of Tidore Islands.
Primary data is data or research results
that have been obtained directly in the field. Primary data is the most
important source, facts and descriptions of all events that researchers want in
each study. In qualitative research, the main data source is the words and
actions of each interviewee.
Secondary data is data obtained or
collected from various research methods that focus on targeted sources and
books related to primary data and contain further information about primary
data. Tertiary data, are instructions regarding primary materials or secondary
materials that come from the Big Indonesian Language Dictionary (KBBI), Legal
Dictionary, Encyclopedias, the Internet.
Literature study is useful for obtaining
a theoretical basis by reviewing and studying books, laws and regulations,
documents, and research results related to the problem that is the object of
research.
The data that has been collected, namely
primary data or secondary data, is then analyzed using qualitative methods,
namely an analysis of data sources clearly and will be detailed in the form of
sentences so that the conclusions are clear. The data that has been obtained is
then formulated in the form of sentences which are arranged in a structured and
systematic manner so that a clear picture of the formulation of the problem can
be obtained which will be examined at a later stage. Qualitative data analysis
will be carried out by processing all data deductively, starting from a general
knowledge base and then examining specific matters.
RESULTS AND DISCUSSION
Implementation
of Equal Rights in Food Purchase Transactions in the City of Tidore Islands
A sale and purchase transaction can be
interpreted as a transaction of exchanging goods that have value, in which one
party (the seller) sells the item, and the other party (the buyer) buys the
item in accordance with the agreement. In short, buying and selling is a
transaction between the seller (business actor) and the buyer (consumer). In a
sale and purchase agreement there are two parties, namely the seller and the
buyer. A seller is someone who sells goods or services to consumers/buyers.
While the buyer is someone who buys certain goods or uses certain services and
is called a consumer.
Buying and selling in
consumer protection lawitself is not explained
directly. However, consumer protection has principally adhered to the principle
of the privity of contract. This means that a business actor can only be held
legally responsible as long as there is a contactual relationship between him
and the consumer. Therefore, there is a view that consumer protection law is
closely correlated with contract law, especially civil agreements (Sinaga & Sulisrudatin, 2018). As in lawconsumer
protection, there are legal aspects that regulate it such as civil law. In the
agreement, the seller is obliged to hand over the object of sale and purchase
to the buyer and is entitled to receive the price and the buyer is obliged to
pay the price and is entitled to receive the object. So that the elements
listed in the definition are legal subjects, namely sellers and buyers: (1) there is agreement between the seller and the
buyer regarding goods and prices; and (2) there are
rights and obligations that arise between the seller and the seller buyer
(Salim, 2021)
Buying
and selling is an agreement with one partybind
himself to surrender the ownership rights to an item and the other party to pay
the price that has been promised. The one who is promised by one party (the
seller), surrenders or transfers his ownership rights to the goods offered,
while the one promised by the other party pays the agreed price.
Delivery
of goods by the seller to the buyer is the property
right over the goods, so it is not just the power over the goods. The seller is
obliged to state clearly for what he is binding himself for, all promises that
are not clear and can be given various meanings, must be interpreted as a loss.
He has two main obligations, namely to deliver the goods and bear it. The main obligation of the buyer is to pay the purchase
price at the time and place as determined by the agreement. If at the time of
making the agreement it was not specified, the buyer must pay at the place and
at the time of delivery should be done (1513-1514
Civil Code).
Food
is one of the most important needs for consumption everyone,
both men and women, parents to children consume it all the time. Therefore,
their needs must be adjusted to the provisions stipulated through statutory
regulations as guidelines for ensuring food quality and safety. Regulations
governing food products are intended as a legal basis for the regulation,
guidance and supervision of food production, distribution and or trading
activities or processes. As a reference for food in consumer protection,
several regulations related to food products, especially damaged food products,
are obtained, namely; (1) law Number 8 of 1999
concerning Consumer Protection Law Number 18 of 2012 concerning Food; (2) law Number 36 of 2009 concerning Health, and (3) republic
of Indonesia Government Regulation Number 28 of 2004 concerning Food
Safety, Quality and Nutrition.
Based
on these laws and regulations, it can be seen that
there are quite a number of regulations regarding food products, clear and
firm. Even so, business actors often do not implement and ignore it. Business
actors are negligent and do not show good faith as business actors. Business
actors often neglect their obligation to always have good intentions in doing
business.
The
Consumer Protection Act does not explain in detail how to protect consumers regarding
food ingredients but explain more about the good faith of business actors
because it covers all stages in carrying out their business activities.
Consumer protection itself is all efforts that guarantee legal certainty to
provide protection to consumers. One part of consumer law is the aspect of
protection, for example how to defend consumer rights against interference from
other parties (Shidarta, 2020).
Food
is the most important thing in everyday life without eating
and drinking enough humans cannot be productive in carrying out their
activities. Food in this case must include security, safety of human health,
both physically and spiritually. Thus, business actors are expected to apply
the regulations in Articles 8 and 9 of the UUPK, namely business actors are
prohibited from trading damaged, defective or used, tainted goods without
providing complete and correct information on the goods in question.
Articles
19 to 28 UUPK have stated explicitly regarding the
responsibility of business actors to consumers Article 19 states that business
actors can be held responsible when the goods traded are defective, damaged and
even cause harm to consumers because they consume them and it is also explained
that claims for such losses can be in the form of compensation such as
compensation for medical expenses or compensation other.
Article
90 paragraph (1) Law Number 18 of 2012 concerning Food explained
that "everyone is prohibited from distributing contaminated food".
With regard to the production of food and beverages that are easily obtained on
the market, it is possible for food and beverages to circulate which do not
meet health requirements, namely: safe, quality and nutritious.
Every
person who trades distributed food is necessary be
burdened with responsibility, especially if the food they sell causes harm,
both harm to the health of humans who consume the food. The safety of a food
product is one of the important factors that must be considered in daily
consumption, as Article 67 of Law Number 18 of 2012 concerning Food stipulates
that food safety is carried out to keep it hygienic, safe, quality, nutritious
and to prevent possible contamination. biological, chemical and other objects
that can harm and endanger human health, meaning that before the food is distributed
it must meet the requirements for quality, appearance, taste and not be damaged
by damaged packaging such as being contaminated with defects/ damage so that it
is safe for consumption by consumers.
According
to research data on consumer legal protection of food in traditional markets,
normatively all regulations regarding food products. Indonesia
has met the standards and the regulations are sufficient and adequate, but in
the process of enforcing the regulations, it can be said that in many cases the
written rules are often violated and their implementation is not carried out
optimally. Especially for business actors to run their business honestly so
that consumers do not suffer losses. However, the problem faced by many
unscrupulous business actors deliberately deviates from the written rules
regarding the distribution of food products.
that can endanger human life.
The
need for food is a basic need for humans which is closely related to the health
and safety of the people who consume it. Therefore, the responsibility of
business actors in the field of food and food processing is a big and heavy
responsibility so that business actors must be able to guarantee the safety of
their products. This is what is meant by equality of rights in food buying and selling
transactions in Law Number 8 of 1999 concerning Consumer Protection.
The
requirements that must be met by business actors in production from the
pre-production stage to the post-production stage in general cover all forms of
consumer protection. In the field of food processing all consumer rights
mentioned in Article 4 of Law Number 8 of 1999 concerning Consumer Protection
have been covered, but this does not only apply to the field of food processing
because in general consumer protection covers all fields of production.
According
to Article 1 number 1 Law Number 8 of 1999 concerning Consumer Protection
Consumer protection is all efforts that guarantee legal certainty to provide
protection to consumers. "Consumer protection is basically part of
consumer law which contains principles or rules that are regulatory and also
have the nature of protecting consumers and their rights".
One
form of such efforts namelyissuance of
regulations containing requirements that must be met by business actors in
carrying out production activities so that the goods or services they produce
are safe for consumption. Fulfillment of the requirements by business actors is
mandatory, so if the business actors do not carry out these obligations or only
carry out part of them, it means that they are considered to have committed a
violation, and also the risk that will arise is that the goods or services
become unsafe for consumption due to not achieving the quality standards set
has been established.
RightThe
most important thing for consumers to get protection is the right to security
and safety. Article 13 Law number 7 of 1996 concerning Food states that food
ingredients may not be harmful if consumed so that consumers are not harmed
both physically and spiritually. However, it is known that the circulation of
damaged packaged food and beverages does not only occur in large supermarkets
and modern markets. However, it can also be found in many traditional markets,
and it also occurs in the City of Tidore Islands.
The
same provisions also apply to national food production. For consumers, they
need food that is safe for the health and safety of their bodies and souls.
Therefore, what is needed are legal principles that guarantee safe conditions
for each food to be consumed by consumers and are equipped with correct, honest
and responsible information based on the principle of balance in food buying
and selling transactions in the City of Tidore Islands. As a form of
implementation of equal rights in food buying and selling transactions in the
city of Tidore Islands, empirically the researchers obtained various existing
data and facts during the research, at the
Tidore Islands City Food Security Service, namely as follows:
Implementation
of Equal Rights in Food Purchase Transactions at the Food Security Office of
the City of Tidore Islands
The
Food Security Service is a supporting element having the main task of
supporting and assisting the Mayor in carrying out concurrent government
affairs in the food sector which are the authority of the Regional Government
and assistance tasks in accordance with statutory provisions. In carrying out
its main duties, the Food Security Service has the following functions:
1) Formulation
of regional policies in the field of food availability, food insecurity, food
distribution, food reserves, consumption diversification and food security;
2) Formulation
of regional policies in the field of food availability, food insecurity, food
distribution, food reserves, consumption diversification and food security;
3) Coordinating
the provision of infrastructure and support in the areas of food availability,
food insecurity, food distribution, food reserves, consumption diversification
and food security;
4) Improving
the quality of human resources in the areas of food availability, food
insecurity, food distribution, food reserves, consumption diversification and
food security;
5) Monitoring,
supervising, evaluating and reporting on implementation in the field of food availability,
food insecurity, food distribution, food reserves, consumption diversification
and food safety;
6) Administrative
implementation of the food service;
7) Implementation
of other tasks given by superiors/leaders in accordance with statutory
provisions.
Based
on the results of an interview with Muhammad Djaily M as the Head of Food
Security Analysis at the Tidore Islands City Food Security Service, he stated
that: “Research progress conducted by the
City Food Security Service Tidore Islands in reviewing proper food ingredients consumed
or unfit for consumption is by conducting simple research 3 (three) times a
year by taking food samples from 4 (four) market locations, namely in Kec.
Tidore (Goto Market), Kec. North Tidore (Rum Market), Kec. North Oba (Article
Galala) and Gita Market in Kec. Oba. From the sample results above, the Food
Security Agency will carry out a residue test for pesticides/test kits to test
fresh food ingredients that are suitable for reconstruction from Balai POM. If
the test kit indicator shows green, then the food is suitable for consumption.
In line with the statement above, the
author also interviewed Habib Hafid as an Agricultural Product Market Analyst
that: "When people find food ingredients that are not suitable for
consumption in buying and selling transactions, then complained and reported,
the actions taken by the Resilience Service Food City of Tidore Islands will
carry out appropriate testing official duties, taking samples and testing them,
and if it is proven to be unfit, guidance will be carried out.
According
to the writer's opinion, producers should not expect consumers to choose their
products because it is practical,
erroneous/misguided, but a reflection of desire and conformity with their needs.
Thus, it is a source of pride for producers if their food products are really
in demand and needed by the general public. It is on this basis that producers
formulate development policies/strategies through their business. Thus,
providing correct information through labels is a shared need between consumers
and producers because it will provide benefits to both producers and consumers.
UU no. 8 of 1999 concerning Consumer Protection provides for the consumer's
right to correct information, which also includes the right to information that
is proportionate and provided in a non-discriminatory manner.
Legal
Remedies That Can Be Provided to Provide Protection for Consumers Buying Food
Ingredients Not Suitable for Consumption in the City of Tidore Islands
Responsibilities of
canned food and beverage sellers in
general is compensation for losses suffered by consumers. This is as a result
of using the product, either in the form of material, physical or mental
losses, which can be based on several existing provisions (Miru, 2004)Defective or damaged products are the
absolute responsibility of the producer (business actor) or equivalent with him.
The business actor is
responsible for the goods handed over to consumers,
while responsibility means that business actors must be willing to bear losses
on the products they sell. A consumer has rights against 2 parties, namely
retailers who sell products with a sale and purchase contract and/or with the
producer (manufacturer). Consumer rights to retailers are based on contracts
while only to manufacturers are based on negligence (Miru, 2004). In this case, sales of food and beverage
products start fromBusiness actors sell food and
beverages and then reach the hands of consumers. Settlement of consumer
disputes as stipulated in Article 45 UUPK which states that the settlement can
be reached through out-of-court settlements and courts in general, in this case
if it fulfills the elements of these principles it can be the basis for
business actors' liability to consumers through court channels, which are
generally divided into 2 bases, namely:
1. Liability based on Unlawful Acts,
Although
Article 1365 of the Civil Code does not specifically stateRegarding
the definition of an unlawful act, several elements can be drawn that can be
said to be an unlawful act, namely:
a. There is an error. Mistakes
focus on business actors or perpetrators who are intentionally or negligent
about the goods they are going to trade not in accordance with the applicable
provisions.
b.
There is an illegal
act. Regarding
elements against the law, what is emphasized is the actions of business actors
that are not in accordance with the standards/provisions of laws and
regulations, namely trading food products that are defective, damaged and unfit
for consumption.
c.
There is a loss.
The element of loss arises as a result of fraudulent acts committed by business
actors, namely losses that consumers get for consuming food products traded by
business actors.
d. There is a causal relationship between
the deed and the loss.
Whereas the impact of the loss must have
something to do with the unlawful act committed by the business actor, if the
loss is caused by other factors other than the actions of the business actor,
it cannot be used as a basis for suing. Unlawful acts committed by business
actors are trading food ingredients with damaged packaging.
On this basis that consumers canfiled a
lawsuit for unlawful acts against business actors on the basis of Article 1365
of the Civil Code, that the perpetrator's behavior had caused civil losses to
consumers. As stipulated in UUPK Article 4 letter h that consumers have the
right to obtain compensation and/or reimbursement if the goods and/or services
received are not in accordance with the agreement and/or not as they should be.
Thus the business actor is obliged to provide compensation to consumers for their
mistakes.
2. Absolute Responsibility
The application of the principle of
absolute liability (strict liability) in Indonesia cannot be applied to all
business fields or to all products, but only applies to certain groups of 93
producers and products. Among them are products that (a) use the product risks;
(b) the level of negligence committed by business actors; (c) products that are
used in bulk, and so on. In addition, conglomerate scale business actors are groups
of business actors who absolutely must apply the principle of responsibility absolute
answer (Miru,
2004).
Business
actors are absolutely responsible for lossesexperienced
by consumers. Consumers are not required to prove the wrongdoing of business
actors. Canned food and drinks sold by business actors are proven to be
physically disabled, so that business actors are obliged to compensate for
losses suffered by consumers. Based on provisions
of Article 1504 of the Criminal Code. Civil law which states that a seller must
be responsible for product traded if it has hidden
defects. In this case business actors selling
canned food and drinks
which are not in accordance with the provisions of
quality and nutritional safety so that
can be held accountable.
One
of the goals of consumer protection as stated in Article 3 letter dLaw
Number 8 of 1999 concerning Consumer Protection, namely: "creating a
consumer protection system that contains elements of legal certainty and
information disclosure as well as access to information".
A sale and purchase transaction can be
interpreted as a transaction of exchanging goods that have value, in which one
party (the seller) sells the item, and the other party (the buyer) buys the
item in accordance with the agreement. In short, buying and selling is a
transaction between the seller (business actor) and the buyer (consumer).
Buying
and selling in consumer protection lawitself
is not explained directly. However, consumer protection has principally adhered
to the principle of the privity of contract. This means that a business actor
can only be held legally responsible as long as there is a contactual
relationship between him and the consumer. Therefore, there is a view that
consumer protection law is closely correlated with contract law, especially
civil agreements(Barkatullah, 2006). As in lawconsumer
protection, there are legal aspects that regulate it such as civil law. In the
agreement, the seller is obliged to hand over the object of sale and purchase
to the buyer and is entitled to receive the price and the buyer is obliged to
pay the price and is entitled to receive the object. The elements listed in the
definition are legal subjects, namely sellers and buyers; (1) there is agreement between the seller and the
buyer regarding goods and prices; and (2) there are
rights and obligations that arise between the seller and the seller buyer
(Salim, 2021)
Delivery
of goods by the seller to the buyer is the property
right over the goods, so it is not just the power over the goods. The seller is
obliged to state clearly for what he is binding himself for, all promises that
are not clear and can be given various meanings, must be interpreted as a loss.
He has two main obligations, namely to deliver the goods and bear it. The main
obligation of the buyer is to pay the purchase price. at the time and place as determined by the agreement. If at
the time of making the agreement it was not specified, sithe buyer must
pay at the place and at the time when the delivery must be made (1513-1514
Civil Code).
Therefore,
the needs must be adjustedwith provisions that have
been stipulated through statutory regulations as guidelines for guaranteeing
food quality and safety. Regulations governing food products are intended as a
legal basis for the regulation, guidance and supervision of food production,
distribution and or trading activities or processes. As a reference for food in
consumer protection, several regulations related to food products, especially
damaged food products, are obtained, namely; (1) Law
Number 8 of 1999 concerning Consumer Protection Law Number 18 of 2012
concerning Food; (2) Law Number 36 of 2009 concerning
Health, and (3) republic of Indonesia Government Regulation Number 28 of 2004
concerning Food Safety, Quality and Nutrition.
Based
on these laws and regulations, it can be seen that there
are quite a number of regulations regarding food products, clear and firm. Even
so, business actors often do not implement and ignore it. Business actors are
negligent and do not show good faith as business actors. Business actors often
neglect their obligation to always have good intentions in doing business.
The
Consumer Protection Act does not explain in detail how to protect consumers regarding
food ingredients but explain more about the good faith of business actors
because it covers all stages in carrying out their business activities.
Consumer protection itself is all efforts that guarantee legal certainty to
provide protection to consumers. One part of consumer law is the aspect of
protection, for example how to defend consumer rights against interference from
other parties (Shidarta, 2020).
Every
person who trades distributed food is necessary be
burdened with responsibility, especially if the food they sell causes harm,
both harm to the health of humans who consume the food. The safety of a food
product is one of the important factors that must be considered in daily
consumption, as Article 67 of Law Number 18 of 2012 concerning Food stipulates
that food safety is carried out to keep it hygienic, safe, quality, nutritious
and to prevent possible contamination. biological, chemical and other objects
that can harm and endanger human health, meaning that before the food is
distributed it must meet the requirements for quality, appearance, taste and
not be defective/damaged packaging such as contaminated with defects/damage so
that it is safe for consumption by consumers.
According
to research data on consumer legal protection of food in traditional markets,
normatively all regulations regarding food products Indonesia
has met the standards and the regulations are sufficient and adequate, but in
the process of enforcing the regulations, it can be said that in many cases the
written rules are often violated and their implementation is not carried out
optimally. Especially for business actors to run their business honestly so
that consumers do not suffer losses. However, the problem faced by many
unscrupulous business actors deliberately deviates from the written rules
regarding the distribution of food products.
that can endanger human life.
The
need for food is a basic need for humans which is closely related to health and
safety humans who consume them. Therefore, the
responsibility of business actors in the field of food and food processing is a
big and heavy responsibility so that business actors must be able to guarantee
the safety of their products. This is what is meant by equality of rights in
food buying and selling transactions in Law Number 8 of 1999 concerning
Consumer Protection.
Requirements
that must be met by business actors in production from
the pre-production stage to the post-production stage, in general it covers all
forms of consumer protection. In the field of food processing all consumer
rights mentioned in Article 4 of Law Number 8 of 1999 concerning. Consumer
protection has been covered, but this does not only apply to the food
processing sector because in general consumer protection covers all areas of
production.
According
to Article 1 point 1 of the Law Number 8 of 1999
concerning Consumer Protection Consumer protection is all efforts that
guarantee legal certainty to provide protection to consumers. "Consumer
protection is basically part of consumer law which contains principles or rules
that are regulatory and also have the nature of protecting consumers and their
rights".
One
form of such efforts namelyissuance of
regulations containing requirements that must be met by business actors in
carrying out production activities so that the goods or services they produce
are safe for consumption. Fulfillment of the requirements by business actors is
mandatory, so if the business actors do not carry out these obligations or only
carry out
just part of it means considered to have committing
a violation, as well as the risk that will arise, namely the goods or services
become unsafe for consumption due to the failure to achieve the set quality
standards.
Implementation
of Equal Rights in Food Purchase Transactions at the Food Security Office of
the City of Tidore Islands
The Food Security Service is a supporting element having
the main task of supporting and assisting the Mayor in carrying out concurrent
government affairs in the food sector which are the authority of the Regional
Government and assistance tasks in accordance with statutory provisions. In
carrying out its main duties, the Food Security Service has the following
functions:
1) Formulation
of regional policies in the field of food availability, food insecurity, food
distribution, food reserves, consumption diversification and food security;
2) Formulation
of regional policies in the field of food availability, food insecurity, food
distribution, food reserves, consumption diversification and food security;
3) Coordinating
the provision of infrastructure and support in the areas of food availability,
food insecurity, food distribution, food reserves, consumption diversification
and food security;
4) Improving
the quality of human resources in the areas of food availability, food
insecurity, food distribution, food reserves, consumption diversification and
food security;
5) Monitoring,
supervising, evaluating and reporting on implementation in the field of food
availability, food insecurity, food distribution, food reserves, consumption
diversification and food safety;
6) Administrative
implementation of the food service;
7) Implementation
of other tasks given by superiors/leaders in accordance with statutory
provisions.
Given the crucial task of the Food Security Service, the
author conducted research by asking a number of questions, namely as follows:
1) So
far, how is the progress of research conducted by the Food Security Service of
the City of Tidore Islands in reviewing food that is suitable for consumption
or not suitable for consumption?
2)
What are the scientific indicators and
differences in food ingredients that are suitable for consumption and not
according to the Food Security Office of the City of Tidore Islands.
3)
If the community finds food that is not
suitable for consumption in a sale and purchase transaction, then it is
complained and reported, what action will be taken by the Tidore Islands City
Food Security Service.
4)
How much data on food ingredients in
traditional markets in the City of Tidore Islands in the last five years are
not suitable for consumption by the public.
5) How
is the Principle of Balance in Food Purchase Transactions carried out by the
Food Security Service of the City of Tidore Islands.
Based
on the results of an interview with Muhammad Djaily M as the Head of Food
Security Analysis at the Tidore Islands City Food Security Service, he stated
that (Hasan,
2020). The progress of the research conducted by
the Food Security Service of the City of Tidore Islands in reviewing proper
food ingredients consumed or unfit for consumption is by conducting simple
research 3 (three) times a year by taking samples food 4 (four) market
locations namely in Kec. Tidore (Goto Market), Kec. North Tidore (Rum Market),
Kec. North Oba (Article Galala) and Gita Market in Kec. Oba.
From the sample results above, the Food
Security Agency will carry out a residue test for pesticides/test kits to test
fresh food ingredients that are suitable for reconstruction from Balai POM. If
the test kit indicator shows green, then the food is suitable for consumption.
In line with the statement above, the author also interviewed Habib Hafid as an
Agricultural Products Market Analyst that "Whenever people find food
ingredients that are not suitable for consumption in a sale and purchase
transaction, then complained and reported, the actions taken by the Tidore
Islands City Food Security service will carry out tests according to official
duties, taking samples and testing them, and if it is proven to be unfit,
guidance will be carried out.
According
to the writer's opinion, producers should not expect consumers to choose their
products because it is practical,
erroneous/misguided, but a reflection of desire and conformity with their
needs. Thus, it is a source of pride for producers if their food products are
really in demand and needed by the general public. It is on this basis that
producers formulate development policies/strategies through their business.
Thus, providing correct information through labels is a shared need between
consumers and producers because it will provide benefits to both producers and
consumers. UU no. 8 of 1999 concerning Consumer Protection provides for the
consumer's right to correct information, which also includes the right to
information that is proportionate and provided in a non-discriminatory manner.
Legal
Remedies That Can Be Provided to Provide Protection for Consumers Buying Food
Ingredients Not Suitable for Consumption in the City of Tidore Islands
Responsibilities of
canned food and beverage sellersin
general is compensation for losses suffered by consumers. This is as a result
of using the product, either in the form of material, physical or mental
losses, which can be based on several existing provisions(Miru, 2004)Defective or damaged products arethe
absolute responsibility of the producer (business actor) or equivalent with him.
The business actor is
responsible for the goods handed over toconsumers,
while responsibility means that business actors must be willing to bear losses
on the products they sell. A consumer has rights against 2 parties, namely
retailers who sell products with a sale and purchase contract and/or with the
producer (manufacturer).(Bustomi, 2018). Consumer rights to retailers based oncontracts
whereas only against manufacturers is based on negligence. In this case, sales
of food and beverage products start with business actors selling food and
beverages and then reach consumers.
Settlement of consumer
disputes as regulated in Article45
UUPK which states that the settlement can be reached through settlement outside
the court and the court in general, in this case if it fulfills the elements of
these principles it can be the basis for the liability of business actors to
consumers through the courts, which are generally divided into 2 basics,
namely:
1. Liability based on Unlawful Acts,
Although
Article 1365 of the Civil Code does not specifically stateRegarding
the definition of an unlawful act, several elements can be drawn that can be
said to be an unlawful act, namely:
a. There is an error. Mistakes
focus on business actors or perpetrators who are intentionally or negligent
about the goods they are going to trade not in accordance with the applicable
provisions.
b. There is an illegal act. In
terms of unlawful elements, what is emphasized is the actions of business
actors that are not in accordance with the standards/provisions of laws and
regulations, namely trading food products that are defective, damaged and unfit
for consumption.
c. There is a loss.
The element of loss arises as a result of fraudulent acts committed by business
actors, namely losses that consumers get for consuming food products traded by
business actors.
d. There is a causal relationship between
the deed and the loss.
Whereas the impact of the loss must have
something to do with the unlawful act committed by the business actor, if the
loss is caused by other factors other than the actions of the business actor,
it cannot be used as a basis for suing. Unlawful acts committed by business
actors are trading food ingredients with damaged packaging.
On
this basis that consumers can filed a lawsuit for
unlawful acts against business actors on the basis of Article 1365 of the Civil
Code, that the perpetrator's behavior had caused civil losses to consumers. As
stipulated in UUPK Article 4 letter h that consumers have the right to obtain
compensation and/or reimbursement if the goods and/or services received are not
in accordance with the agreement and/or not as they should be. Thus the
business actor is obliged to provide compensation to consumers for their
mistakes.
2.
Absolute
Responsibility
Application
of the principle of absolute responsibility (strict liability) in
Indonesia cannot be applied to all business fields or
for all products, but only applies to group 93
specific manufacturers and products. Among them are
products that (a) product use risks; (b) the
degree of negligence committed by businessmen;
(c) products that are used in bulk, and so on.
In addition, conglomerate scale business actors are groups of business actors who absolutely must apply the
principle of responsibility absolute answer (Alhayyan & Leviza, 2020).
Business
actors are absolutely responsible for losses experienced by consumers. Consumers are not required to
prove the mistake of the entrepreneur. Canned
food and drinks for sale the business actor is
proven to have a physical disability, so the perpetrator Businesses are obliged to compensate for losses suffered by
consumers. Based on the provisions of Article
1504 of the Civil Code which stated that a
seller should be responsible for product
traded if it has hidden defects. In this case
business actors selling canned food and drinks
which are not in accordance with the provisions of
quality and nutritional safety so that
can be held accountable.
a. Everyone who produces food orusing
raw materials, food additives, and/or other auxiliary materials in food
production activities or processes resulting from genetic engineering processes
must first examine food safety for human health prior to distribution.
b.
The government sets terms and
conditionsprinciples of research, development, and
utilization of genetic engineering methods in food production activities or
processes, and stipulates requirements for testing food produced from genetic
engineering processes.
Efforts to protect
consumers cannot run without supervision from the
government, the community, and non-governmental consumer protection
organizations. Regarding the provisions regarding supervision regulated in
Article 30 paragraph (1) and paragraph (2) of Law Number 8 of 1999 concerning
Consumer Protection.
The
provisions of article 30 paragraph (1) UUPK state; Supervision
of the implementation of consumer protection and the application of statutory
provisions is carried out by the government. Efforts to protect consumers will
not be able to run without supervision from both the government, the public and
non-governmental consumer protection institutions. Regarding the provisions
regarding supervision regulated in Article 30 paragraph (1) and paragraph (2)
of Law Number 8 of 1999 concerning Consumer Protection. The provisions of
article 30 paragraph (1) of the UUPK state that supervision of the
implementation of consumer protection and the implementation of the provisions
of the laws and regulations are carried out by the community government and
non-governmental consumer protection organizations. Article 30 paragraph (2)
states that supervision by the government as referred to in paragraph (1) is
carried out by the relevant minister and/or technical minister. In more detail,
this form of supervision is stipulated in Article 8 of Government Regulation
Number 58 of 2001 concerning Guidance and Supervision of the Implementation of
Consumer Protection, which stipulates that:
a.
Oversight by the government
is carried out against business actors in
meeting the quality standards for the production of goods and/or services, the
inclusion of standard labels and clauses, as well as the intended after-sales
service, the services provided by business actors to consumers, for example the
availability of spare parts and guarantees or warranties.
b.
Supervision as referred to in
paragraph (1) is carried out in the process of production, bidding, promotion,
advertising and sales of goods and/or services.
c.
The results of the
supervision referred toin paragraph (2) can be
disseminated to the public.
d.
Provisions regarding
procedures for supervision as referred to in
paragraph (1) is determined by the relevant Minister and/or technical Minister
jointly or individually in accordance with their respective fields of duties.
The
guarantee of the safety of a product is closely related to the compliance of
business actors to comply with the requirements
specified in the legislation. Non-compliance with the requirements will pose a
risk of danger to the goods or services produced by business actors. The
obligations of business actors are as stipulated in Article 7 of Law Number 8
of 1999 concerning Consumer Protection, namely:
a.
Have good intentions in
carrying out activities;
b. Provide correct, clear and accurate information
be honest about the condition and guarantee of
the goods and/or goods and provide an explanation of use, repair and
maintenance;
c.
Treating or serving consumers
correctly and honestly and not discriminatory;
d.
Guarantee the quality of
goods and/or services produced and/or traded based
on the provisions of the applicable quality standard of goods and/or services;
e.
Providing opportunities for
consumers to test and/or try goods and/or
certain services as well as providing guarantees and/or guarantees for goods
made and/or traded;
f.
Providing compensation,
compensation, and/or reimbursement for losses
resulting from the use, use, and utilization of traded goods and/or services;
g. Providing compensation, compensation, and/or reimbursement
if the goods and/or services received or used are not in accordance with the
agreement.
One of the goals of
consumer protection as stated in Article 3 letter d Law
Number 8 of 1999 concerning Consumer Protection, namely: "creating a
consumer protection system that contains elements of legal certainty and
transparency information and access to get information".
CONCLUSION
Based on the research results, it can be
concluded that the Implementation of Equal Rights in Food Purchase Transactions
in the City of Tidore Islands is based on various applicable regulations that
can protect the rights and interests of food consumers. These regulations
include the Consumer Protection Act (UUPK), Health Law, Food Law, Minister of
Health Regulations and related technical regulations. However, empirically the
protection of canned food and beverage consumers is not in accordance with the
right to comfort, security and safety in consuming goods and/or services, the
right to choose goods and/or services and obtain goods and/or services in
accordance with exchange rates and conditions. as well as promised guarantees,
the right to obtain compensation, compensation and/or reimbursement,
Legal remedies that can be given to
provide protection for consumers who buy food that is not suitable for
consumption in the city of Tidore Islands is by taking non-litigation legal
remedies, namely consumers can ask for compensation from business actors based
on what is stated explicitly in Article 4 UUPK letter h that the mechanism for
obtaining consumer rights against business actors based on Article 45 of the
UUPK is through dispute resolution outside the courts and courts in general.
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Implementation
of Imbalance in Food Purchase Transactions in the City of Tidore