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A few moments ago the virtual world was enlivened by the conflict that occurred between PT Eigerindo Multi Produk Industri and one of the Indonesian Youtuber Dian Widiyanarko who has a Youtube platform called Duniadian.
The conflict began when Dian Widiyanarko or often called Mas Dian reviewed one of Eiger’s products, the Eiger Kerato Glasses and uploaded it to his Youtube channel.
Unfortunately, the review done by Mas Dian was considered less proper by Eiger.
Eiger then sent an objection letter and asked Mas Dian to correct or delete the video review .
The objection letter sent by Eiger was not the first time.
This certainly caused cons in cyberspace.
Arief Muhammad, Ernest Prakasa, and Fiersa Besari even commented and regretted the actions taken by Eiger.
Then, legally, is Mas Dian as a consumer actually allowed to review the Eiger products he bought?
How does Indonesian law regulate it?
And how big is the influence of customer engagement in branding a product?
Let’s see the explanation below.  

Consumer Protection Law

In Indonesia, legal provisions regarding product reviews on social media have not been specifically regulated.
However, this right is explicitly accommodated in Law No.8 of 1999 on Consumer Protection.
Year 1999 on Consumer Protection.
Article 4 of the Consumer Protection Law states that consumers have rights, including:

  1. The right to comfort, security, and safety in consuming goods and/or services.
  2. The right to choose goods and / or services and to obtain these goods and / or services in accordance with the exchange rate and conditions and guarantees promised
  3. The right to correct, clear, and honest information about the conditions and guarantees of goods and/or services.
  4. The right to have their opinions and complaints about the goods and/or services used heard.
  5. The right to appropriate advocacy, protection, and consumer protection dispute resolution efforts.
  6. The right to consumer education and guidance.
  7. The right to be treated or served correctly and honestly and non-discriminatory.
  8. The right to compensation, compensation and/or replacement, if the goods and/or services received are not in accordance with the agreement or not as they should be.
  9. Rights stipulated in other statutory provisions.

Reviewing a product or service is part of the right to have one’s opinions and complaints about the goods and/or services used heard. Legally, Mas Dian’s actions are certainly allowed and do not violate the regulations considering that Mas Dian is a consumer who buys the product and then reviews the product purchased.
In addition, the review is also not a paid collaboration from Eiger or an endorsement so there is no obligation for Mas Dian to do a “properreview .
Despite having the right to review a product, consumers need to remember that reviews , especially on social media , must be honest and as they are.
This is so that the review can be accounted for and does not cause slander or misleading in the community.
This point needs to be considered because of the provisions in Article 45 paragraph 3 of Law No. 19 of 2016 concerning Electronic Information and Transactions which states that every person who intentionally and without rights distributes and/or transmits and/or makes accessible Electronic Information and/or Electronic Documents that have insulting content and/or defamation can be punished with a maximum imprisonment of 4 years and/or a fine of Rp 750 million.
The provisions in the ITE Law certainly open up opportunities for businesses to sue consumers for defamation, so consumers must provide reviews or comments on the products they buy in accordance with the facts. If you look at the case experienced by Mas Dian, the actions taken by Eiger only made the brand ‘s image worse in the eyes of the public.
In fact, Mas Dian’s video review can be utilized by Eiger as an opportunity to promote its products because Mas Dian is a loyal Eiger consumer who gave a positive review and his video was even watched by more than 37 thousand people. What Mas Dian is doing is actually part of customer engagement and businesses should know that customer engagement has an important role in branding a product. Customer Engagement itself is defined as the interaction or emotional connection between consumers and a brand.
The higher the customer engagement , the higher the level of purchases and promotions made by consumers as a form of loyalty to the goods and services sold.
Business actors should not be arrogant, instead business actors must be responsive to reviews and comments given by consumers.
Positive attitudes and interactions made by business actors to consumers can certainly make the assessment and image of business actors good.
When business actors take the wrong steps in responding to consumers, this will actually make the brand lose consumers. So, every consumer has the right to express complaints or opinions about the products they consume through any means including social media.
This is legally permissible as long as it is done honestly and according to the facts.
If the sentence conveyed is exaggerated and does not match the facts, it can become slander and consumers can be sued for defamation.
Business actors also need to remember that customerengagement is one of the keys to success in a product or service so instead of giving objection letters, businesses should accept comments, criticisms, or suggestions from consumers with a positive response.  

Mariska

Resident legal marketer and blog writer, passionate about helping SME to grow and contribute to the greater economy.

Konsul Cabang Surabaya
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