Perlindungan Hukum Terhadap Konsumen atas Penggunaan Gas Elpiji 3 Kg Ditinjau dari UU No. 8 Tahun 1999 (Studi pada Masyarakat Kota Medan)

Abstract

Nowadays, people begin to shift from the use of kerosene to 3 kg elpiji (liquid natural gas) gas, and the government provides and distributes 3 kg elpiji to the people. In this case, the government is expected to maintain the quality of the product because it becomes the most important thing for consumers' safety. If consumers' right as stipulated in Law on Consumer Protection is not fulfilled, they have the right to file a complaint about the responsibility of PT. Pertamina for their loss in using 3 kg elpiji gas. The problems of the research were as follows: how about the reasons why consumers' rights in using 3 kg elpiji gas were not fulfilled, how about legal protection for consumers who used 3 kg elpiji gas according to Law No 8/1999 on Legal Protection, and how about the responsibility and the settlement for consumers' complaint about the negligence of PT Pertamina (Persero) of North Sumatera. The research used judicial normative method which was referred to library research or documentation study on written regulations and other legal materials. It also used judicial empirical method. This type of research used primary, secondary, and tertiary data as well as field research in order to obtain the data which were related to the problem of 3 kg elpiji gas in consumers or the people by conducting interviews with the management of PT Pertamina Regional I North Sumatera and with 20 consumers or users of 3 kg elpiji gas in Medan Perjuangan Subdistrict. The result of the research showed that why consumers' right were not fulfilled was because of their lack of knowledge, education, and intensity and their indifference/apathy in using 3 kg elpiji gas, in handling its danger, and in consumer protection. This fact was supported by their lack of knowledge of how to handle its possible danger. They ignored the security in using 3 kg elpiji gas because they still used devices from conversion program. Article 19 of Law No 8/1999 on Consumer Protection states that businesspeople are responsible for the compensation on damage, disgrace, and financial loss of consumers because of consuming produced or sold goods and services. The settlement of dispute between both parties is through the Court and settlement outside the Court is through BPSK (Consumer Dispute Settlement Board).