[Kabar-indonesia] Indonesian consumers still left wanting despite protection law

[Joyo at aol.com]

also: Public told to beware of phony eco-friendly products

The Jakarta Post 
Saturday, August 5, 2006

Consumers still left wanting despite protection law

Hera Diani, The Jakarta Post, Jakarta

The passing of the consumer protection law seven years ago was lauded as a 
landmark step toward allowing public recourse against poor and negligent service.

But it would be hard to say today that the public is much better off. 
Confusion and ignorance on all sides continue to plague its haphazard implementation, 
and legal experts point out it is riddled with flaws.

In one case, where children became ill after eating donated cookies that were 
past their sell-by-date, the police turned to the Criminal Code in their 
investigation.

In another, a consumer who felt cheated after purchasing a cellular phone 
card sued for Rp 500 million compensation, despite a loss of only Rp 9,000 (a 
little less than US$1).

And doctors and lawyers have refused to be tried under the law, saying their 
practices are not business oriented.

Consumer activist Agus Pambagio said indifferent businesspeople, permissive 
consumers unaware of their rights and law enforcers similarly ignorant about 
consumer protection regulations all contributed to its unsatisfactory 
implementation.

"In the case of the expired cookies, for instance, the police should have 
used the consumer protection law," he said in a discussion Friday.

Johannes Gunawan, a law professor from Bandung's Parahyangan Catholic 
University and a member of National Consumer Protection Agency, said in the 
discussion that branches of the agency should be available in every city and regency.

"There are only eight active branches all over the country. Even these have 
poor facilities and human resources."

Johannes said the real problem was the rushed drafting of the law, which he 
believed was in need of immediate amendment, particularly to divide the areas 
of consumer goods and consumer services.

He also faulted courts in consumer cases for opting for criminal sanctions, 
instead of considering penal or administrative measures.

"Criminal sanctions should be the last resort. However, the move is 
understandable because the penal sanctions stipulated in the law are too light and 
unattractive to consumer. And the administrative sanctions have no clear 
regulations."

The definition of businesses, he added, must be revised because economic 
activities could encompass both profit-oriented professions and livelihoods.

"Doctors and lawyers who have refused to be included in this law fall into 
the latter category. They do indeed provide services to patients."

Both men urged the public to study up on the law's tenets and use it to their 
benefit while awaiting its amendment. They noted that Article 18 bans 
standardized contracts, but that these were the norm for parking agencies and 
insurance companies. 

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The Jakarta Post 
Saturday, August 5, 2006

Public told to beware of phony eco-friendly products

Adianto P. Simamora, The Jakarta Post, Jakarta

A growing number of consumers are trying to do the right thing by passing up 
mass manufactured, chemical-laden products for ones kind to the planet.

Their willingness to spend a little extra for eco-friendly wares is 
attracting impostors, with the Office of State Minister of the Environment warning 
consumers Friday to be vigilant for uncertified products carrying the labeling.

"It has become a new trend now. I suppose there are about 100 products in our 
market using the eco-friendly claim," the Office's head of the environmental 
management division, Euis Ekawati, told The Jakarta Post.

"Consumer goods producers also have launched a massive number of TV ads with 
celebrities endorsing eco-friendly products."

The ISO 14022 on International Standard Environmental and Declarations Type I 
Eco-labeling specifies the requirements for self-declared environmental 
claims, including commercial statements, symbols and graphics regarding products.

The regulation also describes selected terms commonly used in environmental 
claims and gives qualifications for their use.

Euis said products that only met one environmental aspect, such as the use of 
recycled raw materials or energy-saving products, were not permitted to carry 
the labeling without further testing.

"It must be tested through a comprehensive study on environmental aspect, 
ranging from its raw materials, the manufacturing and its after use, without 
degrading the quality of the products."

The Indonesian Consumers Foundation welcomed the government's warning because 
it said many companies were using the labeling as a selling point.

"We have held regular surveys on the claims, and we have also sent letters to 
producers asking them to explain their claims, but many of them cannot prove 
them," consumer advocate Sudaryatmo told the Post.

He said labeling was even used on some products that were clearly harmful to 
the environment.

"It doesn't make sense to claim that a detergent is an eco-friendly product, 
whatever the reasons. It's clearly public deception. We are forced to use the 
detergent because there is no alternative."

He recommended the government establish an institution to monitor and verify 
the claims.

The ministry is currently devising a system to help producers test their 
products, Euis said.

"We can issue an eco-friendly certificate to products that have met our 
criteria already set by experts from various backgrounds."

Criteria would include the sources of raw materials, chemical composition and 
coloring, the use of electricity and water as well as other aspects of the 
manufacturing process.

The ministry has already established criteria governing eco-friendly 
certification for printing paper, textiles, leather products, shoes and tissue paper.

"We hope to issue criteria for at least seven more products next year," she 
said. 

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Joyo Indonesia News Service
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