Civil Liability of pt Kimia Farma Diagnostika in the Context of Antigen Rapid test Reuse and Consumer Protection
Abstract
The COVID-19 pandemic has rapidly spread across the globe, including Indonesia. In an effort to control the transmission of the virus, one of the preventive measures implemented requires all air travelers to present a certificate confirming a negative rapid antigen test result. At Kualanamu International Airport, Deli Serdang Regency, North Sumatra, PT Kimia Farma Diagnostika deliberately reused rapid antigen test equipment. This study aims to examine the civil liability of PT Kimia Farma Diagnostika for using repeated rapid antigen tests during passenger screenings that resulted in consumer harm, in accordance with the Civil Code. Additionally, the study seeks to explore the legal protection afforded to consumers who have suffered losses due to the reuse of these tests, with reference to Law Number 8 of 1999 concerning Consumer Protection. The research employs a normative juridical approach, utilizing both secondary and primary data. Data collection is conducted through document studies and interviews, followed by qualitative analysis. The study concludes that PT Kimia Farma Diagnostika, as a corporate entity engaging in the reuse of rapid antigen tests, bears vicarious liability, specifically substitute liability, and is accountable for committing an unlawful act under Article 1365 of the Civil Code. Legal protection for affected consumers is provided through both external and internal legal safeguards, ensuring the fulfillment of their rights as consumers.
How to Cite This Article
Warningsih, Neni Sri Imaniyati, Alma Lucyati (2024). Civil Liability of pt Kimia Farma Diagnostika in the Context of Antigen Rapid test Reuse and Consumer Protection . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 5(6), 722-725.