ASPEK-ASPEK HUKUM PERLINDUNGAN KONSUMEN DALAM PENYELENGGARAAN PERGURUAN TINGGI SWASTA DI INDONESIA

Abstract

This research analyzes the aspects of consumer protection law of private colleges in Indonesia. This research uses a normative legal research method with statue approach and conceptual approach. Based on the research results, it can be concluded that First, the position of the parties and service products of the private colleges can be categorized as parties and products in the Consumer Protection Law. Second, the pattern of legal relations between the parties of private colleges, namely between students and private colleges, has similarities with the relationship between consumers and business actors. Where the legal relationship is based on laws and regulations, agreements, information and agreements between the parties. So that it gives birth to rights, obligations and responsibilities that must be fulfilled by each party. Furthermore, with regard to the responsibility of PTS organizers for losses suffered by students, it can be based on an error in the form of an illegal act based on Article 1365 of the Civil Code or negligence based on Article 1366 of the Civil Code and / or due to the actions of people who are dependent under Article 1367 of the Civil Code; The existence of an implied warranty, especially related to the level of quality or promises regarding educational services offered by private colleges to students, and the principle of strict liability can also be used as a basis for suing if there is a causal relationship between defects in educational products (diplomas) and student losses. Where in addition to being charged to compensate students for losses, administrators of private colleges as business actors can also be subject to administrative sanctions and criminal sanctions based on further evidence of an element of error committed by the organ of the organizing agency and / or management of private colleges institutions.