Application of Strict Liability in the Consumer Protection Draft Bill

The Expert Committee of the House of Representatives of the Republic of Indonesia (“BK DPR RI”) has proposed regulations on Strict Liability in the Draft Bill (“CP Draft Bill”) as an Amendment to Law No. 8 of 1999 on Consumer Protection (“Law 8/1999”).

Head of the BK DPR RI Inosentius Samsul explained the necessity of strict liability provisions to ensure consumers can file claims due to product defects without having to prove fault (no-fault liability), rather than the current fault-based liability system.

“Under the current fault-based liability regime, the nature of liability is subjective. It is not easy for consumers to prove subjective matters,” Inosentius told Hukumonline.

The application of strict liability, according to Inosentius, will strengthen the role of Indonesian National Standards (Standar Nasional Indonesia - “SNI”) in protecting products received by consumers in Indonesia. Inosentius cited several cases that could be resolved under this provision, such as vehicle accidents caused by manufacturing defects that do not meet existing standards, and aircraft accidents due to design malfunctions.

“Indeed, the SNI standards serve as the basis. So if a product does not meet the standards, it means the defective product can cause harm,” he added.