Perlindungan Konsumen dalam Industri Hiburan: Analisis Hukum Akibat Pembatalan Acara

Abstract

This study aims to examine and analyze the form of legal protection for consumers following the cancellation of a music festival due to over capacity, and to analyze whether the incident can be categorized as overmacht (force majeure) or as an Unlawful Act (tort). The case studied is the cancellation of the Berdendang Bergoyang music event at Istora Senayan, where the promoter sold tickets far exceeding the maximum capacity (21,637 spectators versus 10,000 capacity), leading to chaos, dissolution by the Police, and losses for consumers. This research uses a normative legal research method, which examines positive legal norms using the Statutory Approach, Conceptual Approach, and Case Approach. The data is analyzed dogmatically to discover relevant legal rules, principles, and doctrines. The findings indicate that the promoter has violated consumer rights as stipulated in Article 4 of the Consumer Protection Law (UUPK), specifically the rights to convenience, security, safety, the right to correct information, and the right to compensation/indemnity. Furthermore, the promoter's negligence in managing capacity and event permits, as well as the failure to provide refunds and compensation, fulfills the five elements of an Unlawful Act  based on Article 1365 of the Civil Code, namely: an act, unlawfulness, fault (culpa), material loss, and a causal link between the promoter's negligence and the consumer's loss. Since the negligence was entirely under the promoter's control, the event cancellation cannot be considered overmacht. It is concluded that consumer legal protection efforts must be implemented to hold the promoter accountable and ensure compensation for the aggrieved spectators.