ANALISIS YURIDIS TERHADAP LARANGAN MENJUAL BARANG BEKAS IMPOR BAGI PELAKU USAHA DALAM PRESPEKTIF UNDANG-UNDANG PERLINDUNGAN KONSUMEN

Abstract

“A comprehensive legal framework is provided by Law Number 8 of 1999 concerning Consumer Protection. This framework is designed to protect the rights of consumers and to regulate the obligations of business practitioners. The question that will be addressed by this investigation is as follows: 1) From the point of view of the Consumer Protection Law, how is the prohibition on selling imported second-hand items regulated? 2) From the point of view of the Consumer Protection Law in Indonesia, what is the legal interpretation of the prohibition on the sale of used items that have been imported? This research approach is known as normative law, and it is descriptive in nature. Secondary data sources, which include primary, secondary, and tertiary information, are utilized in this research. procedures for collecting data through the use of literature studies, which were then subjected to qualitative analysis. The findings of this study are as follows: 1) The existence of statutory regulations that demonstrate a conflict between norms and ambiguity in meaning, specifically in Article 47 Paragraph (1) of the Law of the Republic of Indonesia Number 7 of 2014 concerning Trade (Trade Law) and Article 8 Paragraph (2) of the Consumer Protection Law (UUPK), which creates legal uncertainty for business actors in imported second-hand goods; and 2) The existence of ambiguity in meaning. In accordance with Article 33 of the Constitution of the Republic of Indonesia from 1945, there is a form of injustice in relation to the restrictions that the Indonesian government has enacted that ban the importation of second-hand goods. These regulations are directed against business actors that deal in imported second-hand goodsâ€.