Legal Protection for Consumers Regarding Hidden Defects in Goods Sold in Wajo Regency

Abstract

Legal protection for consumers is crucial to fostering fair and balanced commercial relationships between consumers and business operators. A common issue in sales transactions is the discovery of hidden defects in goods after a purchase, which can result in losses for the consumer. This study aims to analyze the legal protection available to consumers regarding hidden defects in purchased goods—based on the Indonesian Civil Code (KUH Perdata) and Law Number 8 of 1999 concerning Consumer Protection—examine its implementation within trade practices in Wajo Regency, and identify the factors influencing the effectiveness of such legal protection. The study employs an empirical legal research method with a qualitative approach. Data were collected through interviews, observations, and documentation with consumers, business operators, and local government officials, and subsequently analyzed using a descriptive qualitative approach. The findings indicate that, from a normative perspective, consumer protection is supported by a robust legal framework, specifically Articles 1491 and 1504–1511 of the Civil Code, as well as Articles 4, 7, and 19 of the Consumer Protection Law. However, its implementation in Wajo Regency is not yet fully optimal. In practice, the resolution of consumer losses often relies on store-specific warranty policies, which typically have a limited duration—ranging from 1 to 7 days. Furthermore, some consumers face difficulties obtaining compensation due to a limited understanding of the law and the challenges of proving the existence of hidden defects. The effectiveness of this legal protection is also hindered by low levels of legal awareness among consumers, limited understanding among business operators of their responsibilities, difficulties in providing evidence, minimal use of formal complaint mechanisms, and economic considerations in resolving disputes. This study concludes that it is necessary to improve consumer legal literacy, strengthen the responsibilities of business operators, and optimize the role of local governments in guidance and oversight to ensure effective consumer protection and provide legal certainty.