PARADIGM SHIFT FROM CAVEAT EMPTOR TO CAVEAT VENDITOR IN CONSUMER FOOD RIGHTS PROTECTION

Abstract

This study analyzes the paradigm shift from caveat emptor to caveat venditor in the protection of consumer food rights in Indonesia to formulate a holistic regulatory model. Using a mixed-methods sequential explanatory approach, the study examined regulations (Law No. 8/1999 and the Food Law), court decisions for the 2019–2024 period, and empirical data from consumers, producers, and regulators through surveys, interviews, and legal analysis. The findings reveal three systemic dysfunctions that hinder the implementation of caveat venders: regulatory asymmetry (73% of derivative regulations without proportionate sanctions and 60% of court decisions still burden proof on consumers), polarization of implementation between business actors (only 30% of corporate products meet labeling standards), and failure of restitution (73% of consumers do not receive full compensation and 82% of new product recalls are made after the emergence of victims). Low consumer legal literacy and regulatory gaps exacerbate this condition. It was concluded that the paradigm shift to caveat venditor has not been optimal due to five critical factors: weakness of regulatory design, reactive law enforcement, inaccessible justice mechanisms, information asymmetry, and low legal literacy. The effectiveness of consumer food rights protection requires comprehensive reform through regulatory harmonization, increasing the adaptive capacity of business actors, and strengthening pro-consumer access to justice.