A comparison study of strict liability principles implementation for the product liability within Indonesian consumer protection law between Indonesia and United States of America law

Abstract

AbstractIn Indonesia, Consumer Protection Law is based on the principles that apply both for the consumer and the producer. Our study finds that even though there are big opportunities for the change of liability based on fault principle into strict liability, the obstacles are found to be prominent. Furthermore, this finding suggests that even though Indonesia has started to adopt strict liability principles within its consumer protection laws, it has a slight interpretation bias within its law practice especially in law enforcement system. This can be inferred with the facts that “reversal burden of proof” is still used in many law practices. This is different if we compare it to what has existed in the United States. America has been fully using strict liability principles within its consumer protection law system. As a matter of fact, the United States has used strict liability with the extension of intentional torts, which give more favor to consumers.

Keywords

• consumer protection act (UUPK)
• product liability
• strict liability
• consumer protection law
• law comparison Indonesian and United States of America