Legal Law on Optical Consumer in Maintaining Visual Health
Dwi Rosdian Yuanita, Lilik Pujiastuti and Agung Sujatmiko
Magister of Science And Law Development Postgraduate School, Universitas Airlangga, Surabaya, Indonesia
Keywords: Legal protection, Permit, Refractions Optical, Dispute Resolution, Law Enforcement.
Abstract: To protect the public against service optical harmful or harmful to health, the government issued laws and
regulations regarding the rights and powers refractions optical dispensers and uses optical with the aim of
achieving the opportunity to live a healthy life for each inhabitant with a view to an optimal state of health
as realizing capital of national development. Retail company or store glasses or sunglasses wholesale goods
that do not have an operating license only the status of the optician's store and forbidden health efforts. Each
optical requires at least one (1) optical refractory material. Refractions optical dispensers or optometrists are
the health of workers who have adopted education on the basis of the legislation in force, and in doing the
work required to have a work permit Refractions optical dispensers (SIKRO). Although there are still many
rules for unlicensed optics in particular in the city of Surabaya and knowledge level of consumers who are
not on the optical and medical staff who have participated, making the consumer optically passive. Based on
community research carried out up to 141 people, the result is: a total of 95 people do not know the
difference between optics and optician’s store, or about 61.5%, 4 people who learn their refractions optical
dispensers as health workers know. Guidance and monitoring by the Ministry of Health of Surabaya City,
province, and the combined ministries of product licensing and licensing have been performed, but not
maximum optical recorded only in Surabaya Health Office.
1 INTRODUCTION
Health is a human right and one of the elements of
welfare that must be realized in accordance with
the ideals of the Indonesian as intended by the
ideals defined in Pancasila and the 1945
Constitution of the State of the Republic of
Indonesia Article 28 H paragraph (1).It reads
“Everyone has the right to live prosperous, born
and mental, to live and get a good and healthy
living environment and the right to health care".
And in Article 34 Paragraph (3) which reads 'The
State is responsible for the provision of health
service facilities and adequate public facilities'. On
the basis of such arrangements, the right of the
citizens to obtain health care is a form of social
rights in fundamental rights. In accordance with the
opinion of Philipus M. Hadjon, the rights of nature
and human rights that are converted into legal
rights are called fundamental rights. The core of
social rights is rights to receive.
Visual health is critical for improving the human
resources quality for smarter, more productive,
advanced, independent, and inner and outer
prosperity Indonesians. Eye is the window of the
world where the information center is derived from
what is seen, therefore, it needs special attention. In
order to protect the public from optical services that
can harm or disrupt health, it is necessary to
reorganize the optical organization throughout
Indonesia.
Knowledge of eye health is important regarding
the correction of refractive disorders. If the
refractive anomaly is not corrected, it can lead to
complications even blindness. In this case, corrective
sunglasses and contact lenses are tools as primary
aid that can correct the refractive disorder. Visual
impairment is a major cause of blindness in both
parents and children. An estimated1.5 million
children worldwide experience blindness; 1 million
of whom are in Asia while 50% of them can be
prevented. Blindness in children occurs longer and
risks disrupting physical development and social life
until adulthood. Thus, it needs to be treated early and
correctly.Maintaining the health of the eyes and
prevention of blindness are health services in order
to optimize the visual function by involving health
workers who are able to provide services in
Yuanita, D., Pujiastuti, L. and Sujatmiko, A.
Legal Law on Optical Consumer in Maintaining Visual Health.
DOI: 10.5220/0007545304750478
In Proceedings of the 2nd International Conference Postgraduate School (ICPS 2018), pages 475-478
ISBN: 978-989-758-348-3
Copyright
c
 2018 by SCITEPRESS – Science and Technology Publications, Lda. All rights reserved
475

accordance with the responsibilities of profession.
Optometry refraction service is an integral part of
health services where health service facilities are
increasingly standardized services so as to have
uniformity, quality, and accountability. The task of
an optical refraction (RO) has the minimal
competence to perform refraction services, optical
services, and contact lens services. This study used
normative juridical approach. First, observe and
describe the cases that have been happening in the
community about optical consumers and its
consequences. Second, review and relate the
existing regulations. Third, draw a general
conclusion and solution of the problem. In this case,
the object under study and the tradition of scientific
law itself. Accordingly, this study is a normative
juridical study. Techniques that can be used to extract
data test, questionnaire, interview, observation, and
documents. The data collection techniques were
observations, questionnaires, interviews and review
policies undertaken by the government for the
protection of optical consumers. In addition, this
study also used a socio-legal study.
2 LEGAL PROTECTION
AGAINST OPTICAL
CONSUMER IN ACHIEVING
VISUAL HEALTH
2.1 Consumer Protection Law
Sidharta questioned the terms "Consumer Law" and
"Consumer Protection Law", whether they are
identical and what is included in both materials. 1 In
his case, Celina Tri Siwi Kristiyanti replied "because
consumer position is weak, then it must be protected
by law. One of nature, as well as the purpose of law
is to provide protection to the community. So
actually, consumer law and consumer protection are
two areas of law that are difficult to separate and
drawn boundaries ".
Legal protection is protection based on statutory
regulations or court decisions on disputes that occur.
According to Article 1 paragraph (2) UUPK,
consumer is any user of goods and or services
available in society, whether for self-interest, family,
other people, or other living things and not for
trading. Therefore, the protection of the law against
consumers or commonly used the term UUPK
according to Article 1 paragraph (1). Consumer
protection is an effort that ensures legality to provide
protection to consumers. Thud, such protection
should ensure legality in this case through the
application of legislation and judgment decisions
that have permanent legal force. “Optik” is a health
facility that performs basic eye examination service,
refractive examination, and corrective eyewear
service and/or contact lens. The consumer is any
user of goods and/or services available in society,
whether for self-interest, family, other person or
other living beings and not to be traded. While
optical consumers are everyone who comes to get
basic eye examination service, refractive
examination and service of corrective eyeglasses or
contact lenses with certain intentions either for
correction or cosmetics.
2.1.1 Rights and Obligations of Optical
Consumers
Law Number 8 the Year 1999 concerning Consumer
Protection, hereinafter referred to as Consumer
Protection Law (UUPK). UUPK not only includes
the rights and obligations of consumers, but also the
rights and obligations of business actors.
For lay people commonly found in the villages,
they are just passive and accept the fact that what
happened to them has only become fate. This
passive attitude is detrimental to the consumer itself.
Traced the main cause of the passive attitude of
consumers, it is actually due to their ignorance of
rights that are already attached to them as
consumers, as for consumer rights that have been
recognized by the state:
a. Right to comfort, safety and safety in consuming
goods and/or services.
b. The right to choose goods and/or services and
obtain the goods and/or services in accordance
with the exchange rate and the conditions and
promised warranties.
c. Right to right, clear and honest information about
the condition and guarantee of goods and/ or
services.
d. The right to be heard of his opinions and
complaints on goods and/or services used;
e. The right to appropriate advocacy, protection,
and dispute resolution efforts;
f. Right to education and consumer education;
g. Right to be treated or served properly and
honestly and non-discriminatively;
h. Right to compensation, indemnification and/or
reimbursement, if the goods and/or services
received are not in accordance with the
agreement or not as they should;
i. The rights set forth in the provisions of other
laws and regulations.
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These rights need to be known by all consumers,
not only known by some consumer groups,
especially in the city. But keep in mind by existing
consumers in the city or the village.
In addition, consumers also have an obligation to
the optical, the consumer's own obligations are:
a. Read or follow instructions on information and
procedures on use or use and/or services, for
security and safety;
b. Good in conducting purchases of goods and/or
services;
c. Paying in accordance with the agreed exchange
rate;
d. Following the law protection dispute settlement
efforts appropriately.
2.2 Optical Organizing Guidelines
Article 2 Regulation of the Minister of The Health of
the Republic of Indonesia Year 2016 concerning
Optical Implementation. As mentioned in Chapter II
on the Implementation of this rule:
1. Each optical organization shall obtain permission
from the local government of the
district/municipality.
2. The operation permits as referred to in paragraph
(1) may only be granted after fulfilling the
requirements covering facilities and
infrastructure, equipment, and manpower.
3. Provisions on requirements of facilities and
infrastructure as meant in paragraph (2) are
contained in the Annex which is an integral part
of this Ministerial Regulation.
4. Exempted from the provisions of the fulfillment
of equipment requirements for contact lens
services as referred to in paragraph (3) for
opticalians who do not provide contact lens
services.
2.3 Law Enforcement Efforts against
Optical Violations of Optical
Organizing Guidelines
2.3.1 The Responsibility of Business Actor
for Optical Consumer Losses
Article 19 of the Consumer Protection Law Number
8 the Year 1999 concerning Consumer Protection
which specifies the responsibilities of business
actors, including:
1. The business actor is responsible to provide
compensation for damage, pollution, and/or
consumer loss due to consumer goods and/or
services produced or traded.
2. Indemnification, as referred to in paragraph (1),
maybe a refund or replacement of goods and/or
services of a similar or equivalent value, or
health care and/or compensation in accordance
with the provisions of applicable laws and
regulations.
3. The compensation shall be conducted within 7
(seven) days after the date of the transaction.
4. The provision of compensation as referred to in
paragraph (1) and paragraph (2) shall not
eliminate the possibility of criminal prosecution
on the basis of further evidence of the existence
of an element of error.
5. The provisions referred to in paragraph (1) and
paragraph (2) shall not apply if the business actor
can prove that the error is a consumer error.
2.3.2 Liability Scope of Business Actor
(Optical) to Optical Consumers
Indemnification as a result of the use of consumer
goods is one of the basic rights of consumers in
consumer protection law. The right to compensation
is universal in addition to other fundamental rights.
Compensation for losses suffered by consumers
essentially serves as:
a. Recovery of rights that have been violated;
b. Recovery of material and immaterial losses that
have suffered;
c. Recovery in the original state.
The prejudices that optical consumers may suffer
as a result of the use of optical consumables for both
contact lenses and eyeglasses can be classified into:
a. Material loss, i.e. loss of goods purchased;
b. Immaterial losses, i.e. losses that endanger the
health and / or the soul of the consumer; such as
dizziness, nausea, blurred strabismus, amblyopia
(on eyeglass users), red eyes, keratitis, ulcers,
giant papillary conjunctivitis, etc. (on contact
lens users).
The results of research conducted by the authors
from February to May 2018 to the Health
Department of Surabaya, IROPIN, GAPOPIN
(Association of Indonesian Optical Entrepreneurs)
and questionnaires to the community as many as 141
people. From the data provided by Surabaya City
Health Office, there are 57 licensed optics, while
data from GAPOPIN there are 176 optics including
suppliers.
Based on the study only 10 people complained in
total where 3 people to hospital, 6 to the optics
where they purchased the glasses, and 1 received no
response. As is by re-examining, resizing, passes the
glasses, and advise to adapt. Only 56 people know
Legal Law on Optical Consumer in Maintaining Visual Health
477

the difference between optics and eyewear stores.
Even 2 people can hardly tell the difference, and as
many as 95 people do not know the difference
between optics and eyewear stores. It constitutes
61.5% of people do not know. And of the
141 people only 4 people who know of the optic
refraction as an eye health.
3 CONCLUSIONS
That in order to protect the public from optical
services that could harm or disrupt health, the
government stipulates Decree of the Minister of
Health No. 1424 / MENKES / SK / XI / 2002,
Regulation of the Minister of Health concerning the
implementation of Optic Services No. 1 of 2016,
2003 on Health Licensing and Regional Regulations
of East Java Province No. 7 of 2014 on Health
Personnel.
Efforts that can be made to obtain such legal
protection is with the existence of legal efforts as
well. There are legal efforts that can be done by the
consumer should there is a dispute with business
actors, in this case is optic, that is civil remedies and
legal remedies administratively.
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