Alfina Kusuma Rahmawati, Ajeng Pramesthy Hardiani Kusuma, I Wayan Yasa

Perlindungan Konsumen Atas Praktik Pemindahan Isi Gas LPG Tidak Sesuai Standar Operasional Perusahaan

Introduction

Perlindungan konsumen atas praktik pemindahan isi gas lpg tidak sesuai standar operasional perusahaan . Analisis perlindungan hukum konsumen terhadap praktik pemindahan gas LPG ilegal yang tidak sesuai standar operasional, risiko, sanksi bagi pelaku usaha, dan penyelesaian sengketa di Indonesia.

Abstract

LPG gas is a primary necessity for the community because it is more practical and efficient than firewood or kerosene. High demand has triggered illegal practices by some businesses, namely transferring subsidized gas cylinders to non-subsidized cylinders using tools that do not meet standards. This action risks causing explosions and losses for consumers. This study aims to analyze the forms of legal protection for consumers, the legal implications for business actors, and efforts to resolve disputes resulting from the distribution of LPG gas that does not comply with company operational standards. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the study show that Legal protection for consumers against the distribution of LPG that is non-compliant with standard operating procedures is implemented through both internal and external mechanisms. Internally, protection is realized through agreements between consumers and business actors to safeguard consumer rights; conversely, external protection is provided by the State through the Consumer Protection Law, which guarantees security, safety, comfort, and legal certainty. This protective framework is further reinforced by the role of the National Consumer Protection Agency (BPKN), which is empowered to supervise and take enforcement action against business actors in violation of the law.. Business actors can be subject to criminal, administrative, and civil sanctions in accordance with Consumer Protection Law, the Oil and Gas Law, and the ESDM Ministerial Regulation. Meanwhile, consumer dispute resolution can be pursued through litigation in court or non-litigation through the BPSK. Consistent law enforcement and strict distribution supervision are necessary to provide legal certainty, safety, and optimal protection for LPG consumers in Indonesia.

Review

This study tackles a highly pertinent issue concerning consumer protection in the context of illegal LPG gas distribution, a practice with significant implications for public safety and economic well-being, especially given LPG's status as a primary necessity. The abstract clearly articulates the research's objective: to analyze existing legal protection mechanisms for consumers, the legal ramifications for business actors involved in non-compliant practices, and available avenues for dispute resolution. Employing a normative juridical research method with both statute and conceptual approaches, the paper promises a thorough examination of the legal landscape surrounding this critical problem in Indonesia. The clarity of its aims and methodology sets a strong foundation for understanding the legal framework governing this often-clandestine activity. The findings presented in the abstract demonstrate a comprehensive understanding of the legal environment. It effectively distinguishes between internal protection mechanisms, rooted in agreements between consumers and businesses, and external protection, strongly backed by the State through the Consumer Protection Law and the oversight of the National Consumer Protection Agency (BPKN). Crucially, the study identifies a robust set of sanctions—criminal, administrative, and civil—that can be levied against errant business actors under various legislative instruments, including the Consumer Protection Law, the Oil and Gas Law, and ESDM Ministerial Regulations. Furthermore, the abstract details both litigation and non-litigation pathways for consumer dispute resolution, specifically mentioning the BPSK, thus providing a complete picture of the protective framework. Overall, this research makes a valuable contribution by systematically mapping the multi-faceted legal provisions and mechanisms designed to safeguard consumers against the hazardous and unlawful practice of non-standard LPG gas transfers. While the abstract successfully delineates *what* the legal frameworks and enforcement tools are, a more profound understanding in the full paper could potentially emerge from a discussion on the practical challenges of implementation and the actual effectiveness of these mechanisms in deterring illegal practices and securing consumer redress. Nevertheless, the call for consistent law enforcement and strict distribution supervision as a means to ensure legal certainty, safety, and optimal protection for LPG consumers underscores the study's practical relevance and its potential to inform policy and regulatory reforms.

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