The Ministry of Trade would shoulder the mission of executing the Law on Consumers’ Protection [UUPK] No. 8/1999 although they had to encounter problems in many regions. The Ministry of Trade still detected traders rendering services using weighing scales and yardsticks which were not precise or inaccurate. The instruments were never checked so consumers were disadvantaged. “We are enforcing the Law, this means homework to us and it’s been going on for a long time” Dir. Gen. of Consumers Certification and Protection disclosed to Business News [20/5].
The use of inaccurate instruments was also against the Metrology Legal Law [UUML] No. 21/1981 so the Ministry of Trade and the police Were making a Working Program as follow up of MoU between the two institutions. “We hope the Criminal Intelligence Department could help us in Law enforcement.”
The Working Program would stimulate the Government Services Investigators [PPNS] to execute the UUPK and UUML Law. PPNS performance could be jacked up by the Police Investigators. “The Police personnel at all levels are professional in law enforcement. This guideline could reduce hindrances in UUPK application in the regions,” the Official said.
PPNS Investigators at headquarters level, i.e. the Ministry of Trade were struggling head over heels to enforce Law afield. PPNS got struck with rules and regulations, they dared not to take action, while the Head of Industry and Trading Dept had no courage either. “Law enforcement process was stagnated as there is different perception between the local Government and us at the Central Government. Even Division Heads were demanding counseling. We keep pushing the Police Investigators to enfoirce law”
The number of PPNS PK and ML personnel in all of Indonesia had come to 3,000 and the number was outspread from central to local level; still law enforcement was not effective. The Provincial Governments were of opinion that PNS had to right to execute the Law. PPNS in the regions finally overlapped with the Municipality Security Force [Satpol]. “They [the PP Force] are also in charge of executing the Regional Law.”
The Ministry of Trade described the situation by analogy with law enforcement in forestry business. Law enforcers in forestry accepted defeat from the Council of Judges of East Java Court; PPNS of the Ministry of Forestry had to accept defeat due to distorted status of the Ministry of Forestry PPNS. “If all PNS were thinking the same way, law enforcement could never be. PPNS could not possibly make investigations in all of Indonesia.”
There were other cases but which had positive impact, namely PPNS Regional Regulations. The PPNS putsnction on doers of UUPK and UUML. By that PPNS, the court had to accept defeat. The Regional PPNS was charged of exceeding authority because the Regional PPNS dared to put sanction on law breakers.
The sanction on Perda Regulation was sentence of not more than 3 months of imprisonment, while UUML put sanction at least one year of imprisonment for every charge. “By the Law of Metrology Degradation, legal sanction of one year becomes 3 month. We are worried about this, i.e. the case of Law dwarfing. The Local Law overpowering the Central Law. This is homework for all of us to find solution. We will keep coordinating with the Police Headquarters, the Ministry of Internal Affairs and the Ministry of Bureaucracy Reformation.” (SS)
Business New - May 23, 2014