Constitutional Court Rejects Judicial Review Linked to iPad Case

By webadmin on 04:10 pm Jul 25, 2012
Category Archive

Jakarta Globe

The Constitutional Court on Wednesday turned down a request to review an article of the Law on Consumer Protection in connection with a case involving the online sale of iPads in Indonesia, heard last year.

“[We are] declaring that the applicant’s review request could not be accepted,” said the court’s chief justice, Mahfud M.D., as quoted by Antara news agency.

He said the applicant, the head of the Indonesian Advocate Organization (OAI), did not have legal standing to request a review of the law.

“Because the applicant doesn’t have legal standing to request the review, the case was not discussed,” judge Muhammad Alim said. “The [applicant’s] assumption — that the article is not clear and has the potential to be interpreted in multiple ways and [is thus] against the legal certainty principal required by the Constitution — is not right.”

In a fight for the right of consumers to resell their gadgets and devices, the head of OAI, Virza Roy Hizzal, filed for a judicial review of Article 8 of the Law on Consumer Protection. The article — which was used to charge two of Virza’s clients who sold iPads online — makes it mandatory for products or services to be sold with accompanying manuals in the Indonesian language.

Under the law, the pair faced up to five years in prison and fines of up to Rp 2 billion ($210,000), but the Central Jakarta District Court acquitted them last year, finding that the iPad was not among 45 products specifically listed in a regulation related to the law.

Virza had further argued that the severity of the sanction was inappropriate, given the nature of the violation, adding that it would make people reluctant to start a business.