Saturday, July 2, 2011

Selling iPads without Indonesian Instruction Manual is an Offence

I read in the news that 2 Indonesian men have been arrested and detained in Prison for selling 2 used iPads bought in Singapore without Indonesian Instruction manual. The two men listed their iPads for sale on the online forum Kaksus. The potential buyer is an undercover police officer who arrested them for breaking the law of selling their items without Indonesian instruction manual. They would be charged under Article 62 of the Consumer Protection Law of selling electronic items without Indonesian instruction manual; and also charged under Article 52 of the Telecommunication Law because an iPad is not listed as an official communication gadget.

I think the action of the police has gone too far and overdone. The Consumer Law defines two parties - the Consumer and the Entrepreneurs. In this case I would not define these 2 men as entrepreneurs. If they were traders, then their primary activities would be to trade, sell or service iPads as a business. They are simply owners of this iPads wanting to sell off their personal stuff.

What if I wanted to sell my LCD TV, mobile phones or fridge that I currently owned and I advertised it either online or in the local newspapers. Added to this, I have already thrown away the instruction manuals and my mobile phone was bought in Singapore. Would this constitute an offence under the Consumer Law? These are personal items that I owned and wish to get rid because I am going to replace it with new models. Does the Consumer Law now defines me as an entrepreneur? I think the police should focus their attention on traders, distributors, retailers and manufacturers instead of owners who owned or bought these items.




By the way, I am thinking of selling off my LCD TV because I wanted to upgrade in buying a LED TV. Goodness I now have to find where is the Indonesian instruction manual for this LCD TV.