Tanggungjawab Produsen terhadap Kerugian Atas Produk yang Dijual Melalui Sistem Penjualan Langsung (Direct Selling) Secara Multi Level

Abstract

In line with the variety of existing goods and / or services, the marketing activities of such goods and / or services become an important activity of the overall activities of business actors. There are various forms of marketing methods for goods and / or services, one of which is a form of multi-level marketing which is a form of marketing with a direct selling system. The fact is that multi-level marketing sales systems can cause legal problems related to consumer protection against losses for goods or services produced by the company. This study analyzes how the provisions of the direct selling system in MLM based on the Regulation of the Minister of Trade RI Number 32 / M-DAG / PER / 8/2008; how is the responsibility of the producer for the products sold with the direct selling system on an MLM basis; and how to resolve them if there is a dispute between producers and consumers in order to realize consumer protection. The type of research is empirical juridical research and the nature of analytical descriptive research. Data obtained from interviews with informants from the two companies, primary legal material in the form of legal material / material that has a legal binding position and documentation data. Data analysis method used in this research is qualitative analysis. The results showed that: 1) the provisions of a multi-level marketing system of direct selling based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 32 / M-DAG / PER / 8/2008 requires producers to provide compensation in the form of compensation and / or compensation for losses resulting from use, use, and the use of traded goods and / or services, due to company error as evidenced by the agreement; 2) The responsibility of the producer for products sold with a multi-level marketing direct selling system provides a grace period of 7 (seven) working days to business partners and consumers to return goods and provide compensation in the form of compensation; 3) Oriflame producers, in the event that consumers object to damaged product packaging, are given a grace period returned to the 30 day deadline from the time the product is received and replace it. If more than 30 days the product is not returned by the consumer to the manufacturer, then the product replacement is canceled. Tupperware producers in resolving consumer objections, prioritizing the application of a lifetime guarantee that is given if a Tupperware product is damaged or defective in normal and non-commercial use (in accordance with its function) then it can be claimed to get a free replacement to the nearest distributor. The conclusion of the research is that there has never been a dispute between consumers and producers that reached the realm of law in the two producers. Both companies in marketing their products follow the applicable laws and regulations, which are regulations on the direct selling system and consumer protection laws.