Index

 16 June 2006

 
Caveat emptor: You're on your own and its your own fault! 
Jakarta Post

If there were a consumer tenacity award in Indonesia, it should go to Anny R. Gultom and German Tambunan.

Using the 1999 Consumer Protection Law and other legislation, the Jakarta couple hung onto their ideals for six years. Now they have won Rp 60 million (US$6,400) in damages for the theft of their vehicle from a shopping mall parking lot.

Elsewhere in the world, such an event would have little news value. But not in Indonesia, where aggrieved consumers need to be tough, determined and prepared for the long haul. Duncan Graham reports:

It was just another weekend of minor domestic disasters.

A tap split in the bathroom showering walls and ceiling. A visitor noted the LPG gas cylinder pipe to the stove was not pressure-rated -- risking rupture and explosion. And a front door panel had shrunk exposing a long and ugly split in the timber.

All these items were just a few weeks old, bought new as part of a home renovation in Malang. The upshot: Unproductive verbal brawls and more spending.

What recourses do consumers have against flawed products, dangerous devices and shoddy work? In theory -- lots. In practice -- very little.

The law backs Indonesian buyers -- but that support is poorly equipped, ill-prepared and seemingly in little mood to challenge recalcitrant retailers.

Change is unlikely until buyers exercise their purse-power and boycott shops that refuse to exchange dud goods or refund consumers' cash.

That is the situation in many other countries, and not just because of the statutes. Smart retailers who exercise strict quality controls over their wholesale suppliers know that cheerfully attending to customers' genuine gripes wins new trade.

That is already happening with the big multinationals like Carrefour. Corporate affairs director Irawan Kadarman said the company permits refund or exchange within 15 days of purchase. Conditions apply; the company's policy is posted at their stores' information desk.

Smaller shops are unlikely to adopt such modern practices until customers shed their shame about complaining in a culture that shies away from confrontation.

"The Javanese term is nerimo, which means just accepting whatever the provider gives," said Indah Suksmaningsih, chairperson of the Indonesian Consumers Foundation (YLKI) and a former microbiologist.

"The laws and regulations put the consumer into a nerimo position. For example, the standard contract provided by a water company in Yogya states that if the quality of the water does not meet the required standards, no claim is allowed.

"Their attitude is provide, you accept." The paradigm is, however, shifting and people are starting to demand quality. Compared to Vietnam and Cambodia, consumers' rights here rank a little higher. But way below those in Malaysia and Singapore.

"In this country, there are a lot of shoddy goods on the market and people care more about price than quality. The fact is, they'd like quality and safety but are powerless to pay.

"That's why I accept the `freedom of choice' argument. Many shoppers in Indonesia just don't have a choice because of poverty."

The YLKI (motto - A Voice for the Voiceless) is an advocacy and lobby group with 22 staff. It gets about five percent of its money from local government, the rest from overseas donors like the Ford Foundation and the Asia Foundation. It also works closely with Australian consumer groups.

"We don't want to get too much money from the government or they'll try to dictate to us," Indah said.

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