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
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