The Tort of the Breach of Product Liability Principles: Comparative Study Between Indonesia and South Korea Law

Abstract

Product Liability is an important element in consumer protection that requires manufacturers to be responsible for losses incurred due to defective or unsafe products. In Indonesia, consumer protection has been strengthened through Articles 19 and 27 of the Consumer Protection Law (UUPK), which emphasizes the responsibility of producers for damage caused by the goods produced. The scope of product liability is according to Article 1365 of the Indonesian Civil Code (Burgerlijk Wetboek abbreviated as “BW”), which regulates tort. However, the implementation of this law in Indonesia faces several challenges, such as difficulties for consumers in proving producer error and an unequal burden of proof. In comparison, South Korea has developed product liability laws, viz Product Liability Act (PLA), which is more proactive in protecting consumers. In the South Korean legal system, manufacturers are required to compensate for losses incurred with an emphasis on improving product safety. This research aims to analyze and compare the application of product liability in connection with tort in Indonesia and South Korea, as well as to identify steps that can be taken to improve consumer protection in Indonesia through a more effective and fair application of product liability doctrine.