Beware! Retail
therapy can make you sick
|
This sign saying returns not accepted is illegal |
The contaminated New Zealand milk products scare highlighted
the need for robust consumer protection.
How does Indonesia fare? The
Sunday Post investigates:
Even hardened community activists agree: Indonesia has fine
consumer protection laws, as good as any found overseas.
Yet few shoppers know they’re shielded. Rights are whispered
when they should be shouted. Adequate laws are policed inadequately.
Although governments try to guard consumers’ wallets and
health, administrators’ efforts are hit-and-miss, and resources limited.
They are failing to explain how the system works,
particularly to the most vulnerable - those with limited education and low
incomes.
While supermarkets used by the middle classes get food
safety spot checks, traditional unrefrigerated markets sell meat and fish in
the open, threatening public health.
In short, Indonesian consumers are still babes in the market
jungle, easily savaged by sharp-fanged vendors unburdened by ethics. The
present system of checks and balances has passed its use-by date.
Despite a brief push in Malang to clear shelves of stale and
contaminated food during Ramadhan, law enforcers face an uphill task to lift
shopper security to international levels.
It’s not just the government’s fault – buyers are also
failing to flex their legal muscle and keep traders honest.
“Why don’t they? That’s a really easy question, and there’s
a really difficult answer,” said veteran consumer advocate Indah Suksmaningsih, former chair of the
Indonesian Consumers’ Foundation (YLKI) and now chair of the Southeast Asian
Consumer Council.
“People are so brave to speak up in a group, but not as
individuals.
“We are also very forgiving and tend to forget. Things are getting better for consumers
largely because of competition among retailers and the rising middle-class
becoming more discriminating.
“However the big issue isn’t whether people are getting
value for money, but whether people are being valued, and their rights to basic
needs are being met.”
If awareness is measured by the number of grievances, then
Indonesia is staggering and far behind its neighbors. YLKI’s counterpart in Kuala Lumpur reportedly
gets 40 times more calls and letters.
However this masks the fact that the Malaysian office just
receives complaints while the Foundation takes action, according to Indah.
“When we raised
the specific issue of electricity services we got 2,000 complaints in a month,”
she said.
“Indonesians
get very angry if we just talk about problems and do nothing. We’re here to help but we’re not complainers’
servants. This is not a way for people to get a lot of money out of a company.”
So how do consumers
get their gripes taken seriously? With
great difficulty – and that includes negotiating thickets of acronyms to
determine who does what and where.
The government
publishes a handful of posters and brochures but these are not widely available,
according to Soemito, head of the Malang Consumers’ Foundation (YLKM)
“I’ve lectured
on the law at universities and departments, including the police,” said the
former Jakarta tour guide who gave up his business to arouse and inform consumers.
“This job
should be done by the government, and that includes classes in schools. The authorities talk a lot, but it’s NATO (no
action, talk only).
“Frankly
speaking they are not committed.”
Heading to the
mall? Caveat emptor
At first glance Indonesia’s electronic superstores look just
like those overseas. Seductive rows of white washers, icy fridges and
shimmering widescreen TVs.
All the big international brands are there to comfort quality-conscious
consumers. Uniformed sales people and neon-saturated
showrooms complete the picture, apart from one striking addition: A test bench, bristling with power
sockets.
Hawk-eyed customers watch while staff struggle with tightly-fitted
Styrofoam moulds and shrink-wrapped plastic so the device can be checked.
Do the LED lights glow, the screen flicker and the blades
turn? OK, it’s a deal.
It’s also a clear statement of distrust. Caveat emptor, as the lawyers say. Let the
buyer beware.
In nations where strong consumer protection laws are
enforced shoppers take their goods still factory-sealed. If they malfunction, retailers refund or
exchange to keep customers happy – and stay the right side of the law.
“We have good
consumer laws in Indonesia, and they’ve been in existence since 1999,” said Tulus
Abadi, spokesman for the Indonesian Consumers’ Foundation (YLKI)
“However consumers aren’t well informed about their rights
and how to get redress. The law isn’t being implemented well.”
The foundation is a 40-year old Jakarta-based non-government
association with 22 staff. It’s funded
by donations (including from the Jakarta Governor) to ‘raise critical
awareness’ of consumers’ rights and responsibilities.
It produces the magazine Konsumen
edited by Tulus free of advertisements apart from community service
promotions, like the World Health Organization’s pleas to ban tobacco
sponsorship. It publishes reports of product tests and dangerous goods alerts,
along with news about law changes.
A non-scientific survey by The Sunday Post of academic staff at a Malang tertiary institution
showed most were unaware of consumer protection laws. However all said they had returned goods at
some time and been satisfied.
Ironically the well-signed office of YLKM, a local
non-government consumers’ advocacy, is just opposite the campus back gate where
it has been for 13 years.
YLKM director Soemito and his volunteer colleagues get up to
20 calls a day because their number is just
inside the yellow pages phone directory (under the rubric ‘YLKM’ though there’s
no indicator of the meaning).
However only five per
cent follow through with formal complaints.
Consumers’ main concerns are with electricity supplier PLN,
the banks and financial services. Soemito said borrowers often failed to read
the small print – or if they did the meaning wasn’t clear.
Imposts, like charges for early loan repayments, riled
customers. “There’s little point in
approaching lawyers,” he said. “Few
understand the law or have bothered to read it.”
Under the 1999
Consumers’ Rights legislation every district (there are more than 430) should
have a consumer’s dispute resolution center (BPSK). So far almost 170 have been established across
the archipelago.
Where strong consumer laws operate retailers exercise
caution when buying from wholesalers.
Handling dud goods is costly and damages reputation.
That’s not a concern where market kiosks sell cheap goods
cheaply. In the crowded caverns where
bargain hunters stalk and scammers lurk the dangers of being ripped off are greatest.
These are also the places where NO RETURN signs thrive,
though the photos in this story were shot in mainstreet stores. Tulus said such notices are against the
law. So is the practise of marking up
goods, then discounting the higher price in a supposed sale.
Another trick seen in an electronic goods store is labelling
with two tags. Buyers who pay the low
sum have to take faulty goods back to the agent for repairs or exchange.
Postage to a distant factory may not be worth the cost and hassle. For a premium the shop will handle returns.
Black goods are also a problem, though easily spotted. Panasanic radios and Tashiba TVs are obvious
frauds, but careless buyers can be blinded to the difference by low price tags.
Shops changing use-by-dates, particularly on imported goods,
is another unscrupulous dealers’ tactic.
Any tampering with the date stamp should alert shoppers to be cautious.
“Despite these and other problems the bigger nation-wide
stores are starting to comply with the law,” said Tulus. “It’s a slow process that could be accelerated
by buyers avoiding shops that sell low quality goods – and demanding their
rights when things go wrong.”
Another reason for few complaints may be the well-publicised
treatment given to Tangerang housewife Prita Mulyasari, jailed in 2009 for
defamation after criticising a medical service.
The YLKI says complainants should first approach the store
manager. Be clear about the problem and keep
receipts and packaging. If no action,
send a letter saying if unresolved within seven days the matter will be
referred to the YLKI.
If that doesn’t work the next step is the BPSK dispute
resolution center. The one in Malang
handled just 34 complaints last year (27 so far this year) and claims a 90 per
cent success rate.
In January the Trade
Ministry set up a national on-line system for disgruntled consumers (
http://siswaspk.kemendag.go.id/)
In July 60 complaints were recorded and apparently resolved. Its website logo has a bespectacled kangaroo urging
citizens to be ‘thorough before buying’. Calls to the Jakarta office to check
figures went unanswered.
Tulus said YLKI welcomed the initiative though he said it was
still early days to judge its effectiveness.
Head offices of the three major national retailers were
contacted by phone and e-mail for their policies on consumers’ rights, PT
Matahari which runs a department store of the same name and the Hypermart
supermarkets did not reply.
Neither did the PT Hero Group that has supermarkets Hero and
Giant. However individual store managers confirmed refunds and exchanges were
available if customers returned goods within a few days. There were no notices seen advertising this
policy.
The supermarket PT Carrefour also failed to reply but does
display large signs near checkouts claiming ‘100 per cent refunds’ for intact
goods, excluding underwear, returned with invoice within seven days.
The Indonesian Retail Merchants’ Association (APRINDO) was
invited to comment on its advice to members regarding consumers’ rights but did
not respond.
The burning of the
beef
It looked like another staged media stunt when a government
hit squad forced the branch of a major national supermarket to torch more than
20 kilos of prime meat contaminated with maggots while The Sunday Post was present.
Two search and destroy teams, each of seven public servants
from public order, health, pharmacy and agriculture were led by Yenny Mariati
of Malang’s Consumer Protection Department.
Staff were mustered in a car park. They were given secret instructions and the
list of targets only when ready to roll.
The exercise appeared genuine.
“This is routine before Idul Fitri and Christmas,” said Yenny.
“We make random checks and shops aren’t alerted.”
Yet a few streets away beef of questionable ancestry was
being chopped on a roadside block and fish gutted on the floor of a market
where the poor shop. Ms Hygiene was noticeably absent.
“We’d like to do more, but I have only five staff,” said
Yenny.
“Not good enough,” countered Ary Widy Hartuno, a volunteer
with consumer advocacy group YLKM who watched the cremation with a ho-hum air. “This sort of action should be happening all
the time.
“We get complaints and forward them, but not all are pursued
by officials They need to be tougher, proactive and confiscate more. Of course they should have extra staff.
“At the same time we must be aware of bad buyers trying to
cheat shops. We’ve had examples of
people seeking to return goods like laptops that have been altered or parts
taken.”
|
Consumer watchdogs Ary Widy Hartuno (left) and Soemito |
Ary, a public
servant in an unrelated department, said he fought a protracted battle with PLN
(the State electricity supplier) overcharging for power installation and tardy
services.
He eventually
won and got compensation, but the experience was so tortuous he decided to
campaign for consumers’ rights, joining YLKM to prod bureaucrats into effective
refereeing.
“PLN is a
monopoly and government owned,” he said.
“That makes many officials think they don’t have to treat their
customers properly. That’s clearly
wrong.”
Earlier the khaki –clad inspectors had swooped on a suburban
mini-mart and seized jams, biscuits, jellies, flour and baby food.
Two plainclothes policemen were present in case of trouble, but startled
shop owner I Wayan Sudirya offered no resistance.
|
Shop owner I Wayan Sudirya (white T shirt) is forced to destroy goods as public service inspectors watch |
“I’m not angry – they’re just doing their duty,” he said as
the bureaucrats made him empty jars and rip up packets, then sign a document
confirming the destruction.
“Suppliers have been dumping old stock, and I’ll take this
up with them. I don’t have enough staff
to check every item.”
Titik Mujiati of Malang BPSK, who has been ransacking
shelves for five years so customers aren’t put at risk, said offences committed
included incorrect or no labelling, and out-of-date merchandise.
She said her forays tended to net the same quantity and type
of foods every time – indicating that some retailers reckon the chances of
getting caught are slim so taking risks worthwhile.
“Perhaps I’ve been a little bit stupid,” said Wayan, a
grocer for 23 years. “I must be more
careful in the future.”
YOUR RIGHTS
The law says shoppers have rights to:
- Convenience, safety and
security.
- Quality goods and services
with warranties.
- Clear, correct and factual
information.
- Consumer education.
- Be treated equally and
truthfully.
- Compensation or
replacement if goods don’t match description or fail.
First published in The Sunday Post 18 August 2013
.