PERLINDUNGAN KONSUMEN DALAM KASUS KECELAKAAN SELUNCURAN KOLAM RENANG SURABAYA

Abstract

Consumer protection constitutes a critical element in the relationship between business operators and the public as users of goods and/or services. The waterslide accident at Kenjeran Park Waterpark, Surabaya, on May 7, 2022, which resulted in injuries to 16 individuals, exemplifies a significant failure to uphold safety standards. This study aims to analyze the legal liability of the facility operator under Law Number 8 of 1999 on Consumer Protection and to evaluate the role of the Indonesian Consumer Foundation (YLKI) in responding to the incident. Employing a normative juridical method with a qualitative approach, this research examines legal provisions, including Law Number 8 of 1999 on Consumer Protection, Article 1365 of the Civil Code, and Article 359 of the Penal Code. The findings indicate that the operator may be held liable under civil law for operational negligence that violates consumers’ rights to safety, as well as under criminal law if gross negligence is proven. Inadequate oversight by local government authorities regarding safety standards further aggravated the incident. YLKI plays a pivotal role through advocacy, public education, and potential legal assistance to ensure the accountability of business operators. The study concludes that consistent law enforcement, ongoing oversight, and the strengthening of institutions such as YLKI are essential prerequisites for preventing violations of consumer rights in the water recreation sector.