mally foreseeable use.
15
Moreover on regulation about stand- ards for the safety and quality of consumer
goods and services governments should, as appropriate, formulate or promote the elab-
oration and implementation of standards, voluntary and other, at the national and in-
ternational levels for the safety and quality of goods and services and give them appro-
priate publicity. National standards and regu- lations for product safety and quality should
be reviewed from time to time, in order to ensure that they conform, where possible, to
generally accepted international standards.
16
Where a standard lower than the generally accepted international standard is being ap-
plied of local economic conditions, every effort should be made to raise that standard
as soon as possible. It is important for the governments to encourage and ensure the
availability of facilities to test and certify the safety, quality and performance of essential
consumer goods and services.
5. Consumer’s Right on the Internet-based
Medical Consultation Consumer’s basic rights irstly introducing
by former US John F. Kennedy in front of US Cong- ress on 15 March 1962.
17
Hence, 15 March is com- memorating as the Consumers’ Day. This day has
a historic importance as it was on this day in 1962, when the Bill for Consumer Rights was moved in
the US Congress. During his speech, President John F. Kennedy had remarked:
18
If a consumer is offered inferior products, if prices are exorbitant, if drugs are unsafe
or worthless, if the consumer is unable to choose on an informed basis, then his dol-
lar is wasted, his health and safety may be threatened, and national interest suffers.
John F. Kennedy had equated the rights of the ordinary American consumer with national in-
terest. He gave the American consumer four basic rights:
19
1. The Right to Safety - to be protected
against the marketing of goods which are hazardous to health or life.
2. The Right to Choose - to be assured,
wherever possible, access to a vari- ety of products and services at com-
petitive prices: and in those industries where competition is not workable and
Government regulation is substituted, an assurance of satisfactory quality
and service at fair prices. 3.
The Right to Information - to be pro- tected against fraudulent, deceitful or
grossly misleading information, ad- vertising, labelling, or other practices,
and to be given the facts she needs to make an informed choice.
4. The Right to be heard - to be assured
that consumer interests will receive full and sympathetic consideration in
the formulation of Government policy, and fair and expeditious treatment in
its administrative tribunals. Kennedy recognized that consumers are the
largest economic group in the country’s economy, affecting and affected by almost every public and
private economic decision. But they were also the only important group who were not effectively or-
ganized, whose views were not heard.
20
The Con- sumers International CI, former International
Organization of Consumer Unions IOCU, the um- brella body, for 240 organizations in over 100 coun-
tries, expanded the rights to eight points, which in a logical order reads:
21
1 basic needs; 2 safety; 3 information; 4 choice; 5 representation; 6
MIMBAR HUKUM Volume 26, Nomor 1, Februari 2014, Halaman 170-180
15
The Economic and Social Council of United Nations, “Guidelines for Consumer Protection”, http:www.un.orgdocumentsecosocres1999 eres1999- 7.htm, accessed on 6 August 2013.
16
World Health Organisation, Ibid.
17
Sidharta, 2004, Consumer Protection, Grasindo, Jakarta, p. 44.
18
Consumer Unity Trust Society CUTS, “Consumer Rights and Its Expansion Rights and Responsibilities”, http:www.consumersinterna- tional.orgwhowe-areconsumer-rights, accessed on 6 August 2013.
19
Ibid.
20
Consumers International, “Consumer Rights”, http:www.consumersinternational.orgwhowe-areconsumer-rights, accessed on 6 August 2013.
21
Ibid.
redress; 7 consumer education and 8 healthy en- vironment.
Concerning their relation on internet-based medical consultation, consumer needs these follow-
ing essential rights: 1
The availability of an adequate infor- mation
Information is primarily needed as a basic consideration when somebody enters
into a transaction. Consumer needs relevant information of good quality on beneits and
harms related to the available options, pre-
sented in a way that enables them to choose appropriate treatment together with the doc-
tor, and to manage their treatment subse- quently. Drug and treatment information
directed to the public, in whatever form in- cluding online on websites, should be bal-
anced in its account of beneits and harms. Trustworthy sources should be mandated to
provide balanced information in a readily accessible and understandable form. Such
information should aim to support good doc- tor-patient consumer interactions.
The World Health Organization regu- lating that an advertising is one form of pro-
motion, partial in its selection of informa- tion, usually with commercial beneit to the
promoter as its sole or principal intent. The information must be scientiically valid, up-
to-date and balanced. It should allow com-
parisons between drug and non-drug treat- ments, and the option of no treatment. Facts,
hypotheses and conclusions should be disti- nguished, uncertainty acknowledged. Sources
of information, and their particular should be identiied, including all potential conlicts of
interest.
22
Information of any kind must ne- ver damage, distort or subvert the true inte-
rest of public health, or the essential needs of individual welfare. Adequate information is
similar to ideal information which meet with this following criteria: objective academic
accountabilityscientiically, complete do not hide the risk of treatment, not mislead-
ing directing user to misperception that can lead to mistakenly used.
23
2 The safety of products
The right of safety product is essen- tial for consumer’s life. It is a guarantee
that consumer will save their body consum- ing service consultation and the products
drugs.
24
Pharmaceutical products more commonly known as medicines or drugs are
a fundamental component of both modern and traditional medicine. It is essential that
such products are safe, effective, and of good quality, and are prescribed and used ratio-
nally.
25
3 The right to choose facing the physi-
cian’s decision Doctor-patient consumer relation-
ship is a relationship built on trust. The pa- tient believed that he visited a doctor even
online meeting to alleviate his or her illness, no matter how the way in which a doctor.
The pattern of such relationships closely to the psychological aspect conducted thera-
peutic transaction. Basically, the consumer has the right
autonomy to choose when faced with deci- sions about the treatment of the doctor. This
means that consumer have autonomy to take decisions related to his or her body. This fun-
damental rights is based on human rights the rights to self determination as mentioned in
Article 3 The Universal Declaration of Hu- man Rights 1948, “Everyone has the right to
life, liberty and security of person”.
26
Autonomy is about respecting patients’
22
Mintzes, et al ., “The Inluence of Direct to Consumer Pharmaceutical Advertising and Patients Requests on Prescribing Decisions: Two Site
Cross Sectional Survey”, www.bmj.com, accessed on 6 August 2013.
23
Chris J. van Boxtel, et al., 2001, Drug Regulation: Organization and Control in Drug Beneits and Risks: International Textbook of Clinical
Pharmacology , John Wiley Sons Ltd. Bafins Lane, Chichester West Sussex, p. 70.
24
Miru Ahmadi, et al., 2004, Consumer Protection Law , Radja Graindo Perkasa, Jakarta, p. 41.
25
World Health Organisation, Ibid.
26
United Nations, “The Universal Declaration of Human Rights”, http:www.un.orgendocumentsudhr, accessed on 6 August 2013.
wishes and facilitating and encouraging their input into the medical decision-making pro-
cess. To respect a consumer’s autonomy is to give that individual a greater balance of
power in the doctor–patient consumer rela- tionship. It entails explaining not only what
is wrong with that person, but also the op- tions and implications of any proposed in-
vestigation and treatment and the associated risks and beneits. The practitioner needs to
provide the patient with as much information
as he or she both wishes for and requires in order making a decision.
4 The right to be heard on complaints
The right to be heard is consumer’s right to get loss and damage on their medical
consultation. They have to be heard regard- ing the service of the interest of their heath
improving and a chance to redress the drug product. There should be establish or main-
tain legal andor administrative measures to enable consumers to be heard through formal
or informal procedures that are expeditious, fair, inexpensive and accessible. There also
should be encourage all enterprises to resolve consumer disputes in a fair, expeditious and
informal manner, and to establish voluntary mechanisms, including advisory services and
informal complaints procedures, which can provide assistance to consumers. Informa-
tion on dispute-resolving procedures should be made available to consumers.
5 The implementation of the medical
ethics Achieving the betterment relationship
between any parties on online medical con- sultation can be forced not only by consumer
law but also trough medical ethic. Medical ethics is a disciplinemethodology for con-
sidering the implications of medical techno- logytreatment and what ought to be.
27
Medical ethic should be implemented on the process are:
28
a. Autonomy and respect for autonomy
Autonomy literally means self-go- vernance. It is valued because trough
autonomy that our character is shaped. In the exercise of our autonomy that
makes us the person we are and pro- vide us with our dignity.
b. Beneicence and non-maleicence
The central moral objective of medi- cine is to produce net medical beneit
for the patient with as little harm as possible.
c. Justice In this medical context justice refers
to fairness or equity and not to lawful- ness.
d. Veracity Traditionally, truth-telling has not re-
ceived prominence in healthcare re- lationships. This argument is that the
healthcare professional is justiied in lying to a patient when the deception
is used for the patient’s beneit. Furthermore, implementation of four main
goals of medicine, there are:
29
a. The prevention of disease and injury
and the promotion and the mainte- nance
b. The relief of pain and suffering caused
by maladies c.
The care and cure of those with mal- ady, and the care of those who cannot
be cured d.
The avoidance of premature death and the pursuit of peaceful death.
6. Dispute Settlement between Consumers to
