The Nature of Legal Protection for Consumers Due to Adverse Ads Based on Justice Values

Mahaputra, IB Gede Agustya (2021) The Nature of Legal Protection for Consumers Due to Adverse Ads Based on Justice Values. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Philosophically, the problem of consumer protection is a common problem and a national problem, basically everyone is a consumer. Juridically, consumers are assets and actors of national development. Factually (sociologically) business actors sometimes do not want to be responsible to consumers for their products that bring losses. Based on the background, problems can be formulated, namely: (1) What is the nature of legal protection for consumers due to harmful advertising? (2) What is the concept of legal protection for consumers due to harmful advertising based on the value of justice? The research method used in this study is a type of normative legal research method, as well as the approaches used include the statue approach, philosophical approach and conceptual approach. Based on the results of research and discussion, it shows that the nature of consumer protection due to harmful advertising can be traced from the point of view of ontology, epistemology, and axiology. Ontology consumer protection is defined as all efforts to ensure legal certainty of consumer protection. Epistemologically, it answers the way consumers are protected both preventively, repressively, protected by various interests and protected by human rights. For this reason, 2 policy models are supported, namely (1) Complementary Policy, in the form of the right to information and; (2) compensatory policies, in the form of protection of the economic interests of consumers. axiologically legal protection for consumers is efficient for providing certainty, and legal balance between producers and consumers. Meanwhile, the concept of legal protection for consumers due to harmful advertisements based on the value of future justice is based on the Pancasila justice theory with constitutive and regulatory functions. Keywords: Protection, Consumers, Value-Based Justice

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