Perlindungan Hukum Terhadap Konsumen Rokok Elektrik

Abstract

The circulation of goods and/or services in society at this time also affects the development of cigarette products,
both kretek cigarettes, white cigarettes, cigars and even the development of electric cigarettes. The government
has issued many regulations related to smoking. One of the most popular cigarettes in society is the electric
cigarette which aims to protect consumers from harm. However, e-cigarettes also contain dangers that many
consumers are not aware of. The form of protection for cigarette consumers has been issued PP No. 109 of 2012
concerning the Safety of Materials Containing Addictive Substances in the Form of Tobacco Products for Health.
The PP also applies to e-cigarettes. This study uses a normative juridical method, with secondary data as the main
data in the form of legislation, and related literature. The data were analyzed qualitatively. In general, in
consumer protection law there are several principles of responsibility, namely the principle of responsibility based
on the element of error/negligence, the principle of the presumption of being responsible (presumption of
liability), the principle of the presumption of not always being responsible (presumption of nonliability) and the
principle of absolute responsibility (strict liability). The responsibility of business actors to consumers using ecigarettes is included in the principle of presumption of liability, known as a reverse proof system where business
actors as defendants are always considered responsible for all losses suffered by consumers until they can prove
that the business actor not guilty