Perlindungan Konsumen Dalam Perilaku Menyimpang Praktik Bisnis Periklanan

Abstract

This research aims to analyze forms of deviant behavior in advertising business practices and consumer protection efforts in advertising business practices. As normative legal research, this research uses a statutory approach and a conceptual approach. The results of this research conclude that forms of deviant behavior in advertising business practices include disclosing untrue statements and those who do so have the intention to commit fraud (false statements); providing information about a product that misleads or deceives consumers (mislead statement); providing excessive information or opinions without being supported by facts about the goods/services being advertised (puffery); and disclosing statements that are contrary to decency, morals and decency. From a criminal law perspective, consumer protection due to deviant behavior in advertising business practices is regulated in the UUPK but in law enforcement there are problems, namely Article 17 Paragraph (1) letter f UUPK as stated in the article This is considered ambiguous because it does not adhere to the lex certa principle in the formulation of criminal provisions to ensure legal certainty and there are also differences in views between law enforcers and the public in determining whether deviant behavior in advertising business practices falls into the category of business crime or business tort. Another problem in law enforcement against deviant advertising business practices is the strong relationship between the government and business actors, resulting in consumers' bargaining position becoming weak.