Abstract

This research aims to examine the legal liability of patent holders of information and communication technology (ICT) products in protecting the rights of harmed consumers, as well as to analyze the forms of legal protection available to consumers who suffer losses due to the use of ICT products. The type of research used in this study is normative legal research, employing a statute approach, a conceptual approach, and a case approach. The results show that consumer protection in Indonesia is regulated through Law Number 8 of 1999 concerning Consumer Protection (UUPK), which obligates business actors to provide compensation for damages or losses caused by traded products, as stated in Article 19 paragraph (1). However, since many foreign business actors are outside the jurisdiction of Indonesia, legal responsibility is transferred to the importer or official representative in accordance with Article 21 of the UUPK, which creates a legal protection gap when problematic products have no official representative. Decision No. 235/PDT.G/2020/PN.JKT.PST indicates that the current law has not provided a sufficient deterrent effect, and consumers face significant challenges in seeking justice when business actors are based abroad. Legal protection for consumers of ICT products is carried out through both preventive and repressive approaches. Preventive protection includes product standardization, obligations to meet safety standards, and the provision of clear information to consumers as regulated in Article 7 of the UUPK. In the event of a violation, consumers may pursue dispute resolution through litigation or non-litigation means as provided in Article 45 paragraph (2) of the UUPK.