TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN TERHADAP PAKAIAN BEKAS IMPOR (THRIFTING)

Abstract

ABSTRACT: This writing aims to analyze the legal status of thrifting based on the Minister of Trade Regulation (PERMENDAG) and how legal protection is provided by thrift shop business actors to consumers based on Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). This paper uses normative legal research methods using secondary data sources with primary legal materials in the form of laws and regulations. And using primary data sources as a complement, namely the opinion of experts, and the results of existing research. The results of the study indicate that there is no regulation that specifically regulates the practice of selling used goods, especially used clothing. Based on the Minister of Trade Regulation, the government only prohibits the import of used clothes into Indonesia. Import is basically a series of activities to enter goods into the customs area. Thrifting is considered a violation if the used clothing sold by thrift shop business actors originates from the import of used clothing. If the clothes being sold are the result of importing used clothes, the business actors have actually violated the consumer rights contained in Article 4 letter (a) which states that consumer rights are the right to comfort, security and safety in consuming goods and/or services. Because used clothing originating from imports has the potential to endanger human health so it is not safe to be utilized and used by the public, so used clothing is prohibited from being imported into the territory of the Unitary State of the Republic of Indonesia. The UUPK provisions stipulate that business actors have the obligation to carry out their business in good faith, provide correct, clear, honest information relating to the goods and/or services being traded, as well as the obligation to provide compensation if the consumer is proven to have suffered a loss on the consumption of goods produced. which or by traffickers. Based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015, states that: Used clothing that arrives in the territory of the Unitary State of the Republic of Indonesia on or after the date this Ministerial Regulation comes into effect must be destroyed in accordance with the provisions of the Laws and Regulations.

Keywords : Consumer Protection, Used Clothing, Import