Perlindungan Hukum Konsumen Menurut Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen dalam Transaksi Jual Beli Handphone Bekas (Studi Kasus pada Toni Cell)

Abstract

This research is motivated by the rise of used mobile phone sale and purchase transactions in the community, which frequently inflicts financial losses on buyers due to a lack of transparency regarding the device conditions and the absence of clear written warranties. This situation creates a gap between the ideal legal norms and the reality in the field. The purposes of this study are to determine and analyze consumer legal protection in used mobile phone transactions according to the Consumer Protection Law (UUPK), its actual implementation at Toni Cell Tebo, as well as the obstacles encountered and their solutions. The research method employed is empirical legal research with a descriptive-analytical nature. The study applies a statute approach, a case approach, and a sociological approach. Primary data collection was conducted via field research, incorporating direct observation and in-depth interviews with the owner and consumers of Toni Cell Tebo, supplemented by library research to gather secondary legal materials. The collected data were then analyzed using qualitative analysis techniques. The results of the study indicate that statutory legal protection for consumers in used goods transactions is firmly guaranteed under Article 8 Paragraph (2) of the UUPK, which explicitly prohibits business actors from trading second-hand goods without disclosing honest, complete, and correct information. Nevertheless, the enforcement of such consumer protection at Toni Cell Tebo has not been optimal or effective. This inefficiency is caused by several fundamental obstacles, including the shop's limited knowledge concerning the historical usage of the used phones obtained from third parties, the difficulty of proving the root cause of unit damage post-transaction, low legal awareness among consumers, the absence of standardized written warranties, and the lack of formally binding written agreements. To date, any dispute resolution or efforts to restore consumer rights are heavily reliant on amicable deliberation (musyawarah) based on the good faith of both parties.