















































 Volume 6, Issue 1, June 2023: 28 – 41 

 
This work is licensed under a Creative Commons Attribution 4.0 International License. 

Existence of Consumer Protection in the 
Katsuwonus Pelamis Process as a Safe Culinary  

 
Telly Sumbu,Ω Donald Albert Rumokoy, Wulanmas Anna 

Patricya Gracya Frederik  

 
Universitas Sam Ratulangi, Indonesia 

 
Ωemail correspondence: tellysumbu@unsrat.ac.id  

 
ABSTRACT 

 
Katsuwonus Pelamis is a fishery commodity originating from the waters of the bay in Indonesia, 

Cakalang Fufu is a popular culinary dish with processed fish that is processed quickly, served 

fresh, frozen, canned, or dried, which has become the object of fishing for fishermen because it 

is considered profitable. The reality of management that does not have adequate quality control, 

while the paradigm of the entrance market is skipjack tuna management as soon as possible has 

been carefully tested for safety aspects before the product is released to the market. This action 

is a legal event that causes harm to consumers who are accommodated by legal protection. This 

study aims to describe the process of catching, storing, and marketing skipjack tuna as a safe 

food product from the perspective of consumer law protection, and to describe the forms of law 

enforcement against the circulation of unsafe food products. This research uses the type of 

research socio-legal research. The description of the research results shows that the process of 

catching, storing, and marketing skipjack tuna specifically in North Sulawesi still uses traditional 

methods, but the urgency and safety aspects of catching results cannot be guaranteed, including 

the process of storing and marketing skipjack tuna does not comply with the provisions. Standard 

procedures are ignored so that the impact of the expected information is given to consumers from 

the capture process to the final consumer. 

 

Keywords: Law Enforcement; Consumer Protection; Safe Food; 

 

Date of Submission: October 06, 2022 Date of Publication: March 3, 2023 

DOI: http://dx.doi.org/10.56087/substantivejustice.v6i1.224  

 

INTRODUCTION  

Indonesia’s coastal and marine areas hold a variety of resources, both renewable and 

non-renewable. (von Jouanne & Brekken, 2019) Coastal and marine resources that are 

renewable such as fisheries resources (captured fisheries, cultivation), mangroves, wave energy, 

tides, wind, and Ocean Thermal Energy Conversion (OTEC) require good management to be 

used optimally. The smoked skipjack/cakalang fufu is a favorite dish in Manado and North 

Sulawesi in general, and it is processed into popular skipjack tuna dishes that are typical to North 

Sulawesi. The smoked skipjack fish/cakalang fufu management business is a business that has 

https://creativecommons.org/licenses/by-sa/4.0/
mailto:tellysumbu@unsrat.ac.id
http://dx.doi.org/10.56087/substantivejustice.v6i1.224


 Volume 6, Issue 1, June 2023: 28 – 41 

Existence of Consumer Protection…  | 29  

a very important and strategic position, potential, and role in realizing national development goals 

in general and the objectives of economic development in particular. These small businesses are 

generally the ones that are owned and managed independently by someone, are not bound, and 

do not dominate the market. (Liandi & Andryawan, 2022; von Jouanne & Brekken, 2019) 

Skipjack tuna (katsuwonus pelamis) is fishery commodity from bay waters in Indonesia. 

(Ali et al., 2016) This particular type of fish has become the target of fishermen because it is 

considered profitable. (Liandi & Andryawan, 2022) The skipjack tuna is then sold fresh, frozen, 

canned, dried, or even smoked. The impact that arose due to the dynamic movement of small 

businesses was very large because it created jobs where there were innovations in the field of 

business and creativity in the processing of the smoked skipjack fish/cakalang fufu. However, the 

question is that along with the processing of the Skipjack Fish that can create jobs, is this product 

feasible to be categorized as a safe food product that is not harmful to health and is safe for 

consumption by consumers? (Abel et al., 2022; Chintagari et al., 2018; Wallace et al., 2018) 

The focus point of the smoked skipjack fish/cakalang fufu fish as a safe product is the 

process of catching, preparing, storing, and marketing raw skipjack fish, as well as the processing 

and management of the smoked skipjack fish/cakalang fufu. Thus, in order to assess the 

feasibility of Skipjack Fish products as safe food products that are not dangerous to consume, of 

course, the assessment must go through the process of Catching, Storing, and through to 

reaching the Marketing Raw Skipjack Fish.  

Safe food products in the smoked skipjack fish/cakalang fufu production business through 

the process of catching, storing, and though to reaching Marketing of raw skipjack fish become a 

very important focus of attention in interpreting Law Number 8 of 1999 concerning Consumer 

Protection. (Hasan, 2014; Konsumen & Maulidia, 2013; Purnamasari et al., 2019) This is so that 

producers are required to be careful before releasing their products. This situation certainly 

requires quality control of the management business of skipjack fish as a safe food product, given 

that the management of skipjack fish is at the maximal without there being a careful examination 

of aspects of consumer security and safety before the product is released into the market.  

The reality of the ‘product out’ paradigm is that from the process of catching, storing, and 

until reaching the marketing of raw skipjack fish before arriving at the processing of smoked 

skipjack fish/cakalang fufu, it is without adequate quality control, and the ‘market in’ paradigm is 

to examine tuna fish management carefully for its safety aspects before the product is released 

into the market.  

METHOD 

This type of research is a qualitative type with a socio-legal approach and then analyzed 

descriptively qualitatively by describing, explaining, and describing the various factors revealed 

through a juridical approach. The juridical approach is intended as an effort to bring the problem 



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30 |   Existence of Consumer Protection… 

closer to the normative of law. The doctrinal legal approach is the perspective used, namely by 

studying legal objectives, values of justice, the validity of legal rules, legal concepts, and legal 

norms.  The sociological approach is carried out through efforts to identify and conceptualize law 

as a real and functional institution in the pattern of community life.  Then referring to the juridical 

sociological approach, this research uses layered research by tracing the management of skipjack 

food products. 

ANALYSIS AND DISCUSSION 

The handling aspects when fish are caught are very important things to consider, 

especially in fisheries because it involves how to get good quality fish. Good quality products that 

can be maintained consistently will increase consumer confidence. (Abiala et al., 2020) The 

quality aspect is one aspect that is very important in advancing the world of Indonesian fisheries 

in international markets. (Adam, 2018) Added that in the management of fish quality since the fish 

was caught up to the marketing it was very important to be understood by the related actors both 

fishermen, collectors, and marketing. 

Fisheries are all activities related to the management and utilization of fish resources and 

the environment ranging from pre-production, production, and processing to marketing carried 

out in a fisheries business system. Fish are all types of organisms that all or part of their life cycle 

is in the aquatic environment. A good way of handling fish is a way of handling fish caught on 

board a ship including dismantling from the ship to meet the requirements for quality and safety 

assurance of fishery products, which are carried out quickly, carefully, hygienically and applying 

cold chain handling methods. The method of catching is carried out by fishermen who are 

Indonesian citizens, both individuals and their families whose livelihoods depend on fishing.  

The survey results that the researcher can explain are as follows: 

1. Catching using sailboats (2.5%), outboard motorboats (35%), and large motorboats (62.5%). 

The fishing gear used by fishermen is fishing rods (2.5%), nets (62.5%), and fishing lines 

(35%). Fishermen in Manado and the surrounding do not use chemicals (fish bombs) in the 

process of catching fish. 

• The fishing community in the fishing business still uses traditional equipment. This 

can be seen from the fleet that is used on average which is of small size. The fishing 

gear used is also only nets and fishing rods. 

2. The main types of fish caught are skipjack fish. Other types of fish are as follows: tuna, 

mackerel (tude), flying fish (malalugis), and grouper (goropa).  

3. The number of fish obtained varies between fishermen based on the facilities used and also 

the seasonal factor. The fish obtained range from 35kg/day to 6000kg/day. 



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Existence of Consumer Protection…  | 31  

• The dominant type of fish caught with a net or fishing rod is the skipjack tuna or 

Katsuwonus Pelamis. The skipjack fish are found in almost all Indonesian waters, 

especially in the Eastern part of Indonesia. 

4. The catch is stored in a cooler box, a bucket with ice, or a basket. To maintain its quality, in 

addition to using ice to keep the temperature cool, salt is also used. After arriving on land, 

fish are immediately sold out.  

• The freshness of the fish that has just died is the maximum level of freshness, 

meaning that the freshness of the fish cannot be increased but can only be sustained 

through the application of good and right post-capture handling principles. 

• The process of handling fish with cooling methods is the most effective and widely 

used method. The most effective cooling medium for fish freshness is ice because it 

does not cause any physical changes in fish. 

5. Fishermen sell fish to retailers or directly to consumers. Sale conditions are frozen or not. 

Sale times vary from 1 hour to 18 hours. This affects the quality of the fish. 

In connection with the quality of fish, of course, it must be in accordance with the Fishery 

Product Quality and Security Assurance System which is a prevention and control effort that must 

be considered and carried out from pre-production to distribution to produce quality fisheries that 

are safe for human health. Fishery Products are Fish that are handled, processed, and/or used 

as final products in the form of Fresh Fish, Frozen Fish, and other processed products.  

The Fishery Product Quality and Security Assurance System include activities such as: 

1. Development and application of requirements or standards of Raw Materials. Raw Materials 

are Fish including those that come from the catch and cultivation which can be used as a 

production factor in the processing of Fishery Products. 

2. Development and application of hygienic requirements or standards, handling techniques, 

and processing techniques. Fish Processing is a series of activities and/or treatments of Raw 

Fish Materials to be the final product for human consumption. 

3. Development and application of product quality requirements or standards. 

4. Development and application of requirements or standards of facilities and infrastructure. 

5. Development and application of requirements or standard testing methods. 

6. Quality Control; Quality Control is all activities that include inspection, verification, audit, and 

sampling in order to provide satisfactory results. 

7. Quality Supervision is all activities that include guidance, facilitation, monitoring, and 

evaluation of the quality and safety of the Fishery Products. 

8. Certification is a series of certificate issuance activities for products, facilities and 

infrastructure, processes and personnel as well as the quality system. 



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32 |   Existence of Consumer Protection… 

STANDARD 
OPERATIONAL 

PROCESSING OF FISHERY 
PRODUCTS 

 

CATCHING 

 

FISH CULTIVATION 

 

DISTRIBUTION AND 
MARKETING 

As for the standard operating procedure for processing skipjack fish which are good safe food 

products, researchers depart from Law Number 18 of 2012, Article 68 Paragraph (1) which is the 

explanation states: 

1. What is meant by “food chain” is the sequence of stages and operations in the production, 

processing, distribution, storage, and handling of Food and its raw materials ranging from 

production to consumption, including materials related to Food so that the Food is ready for 

consumption. 

2. What is meant by “in an integrated manner” is the implementation of Food Safety must be 

carried out in an integrated and synergistic manner by all stakeholders in each Food chain. 

Then, departing from the Food Chain mentioned above, the researcher tries to compile 

a Standard Operating Procedure for Processing the Skipjack Fish Product which is described as 

follows: 

Standard Operating Procedure for Processing Skipjack Fishery Products 

 

 

 

 

 

 

 

 

 

According to the researcher, the element of fish caught should be included as a main part 

of the Standard Operating Procedure for Processing Skipjack Fish Products. This is intended 

because food security is inseparable from good fishing methods. If fishermen obey the rules in 

fishing, of course, the fish catch contains food security. In connection with fishing, the researcher 

has explained in the previous section, hereinafter relating to fish cultivators, are Indonesian 

citizens, both individuals and their families whose livelihoods are raising, breeding, and/or 

maintaining fish and other aquatic biological resources and harvesting the results in a controlled 

environment.  

There are good ways to cultivate fish, among them is a method of cultivation including 

how to maintain and/or raise fish and harvest them that show the safety aspects of fishery 

products, among others: (George Dieter Nakmofa, 2014; M. R Siombo, 2007; Marhaeni Ria 

Siombo, 2010, 2011) 

1. Preventing land use where the environment has the potential to threaten the security of 

Fishery Products; 



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Existence of Consumer Protection…  | 33  

2. Controlling biological contamination, pests, and fish diseases that threaten the security of 

fishery products; and 

3. Minimizing the already minimum chemical residues as a result of the use of fish drugs, 

growth-promoting ingredients, and ineffective fish medicines. 

4. Harvesting equipment uses materials that do not physically damage, are not made from toxic 

and dangerous materials, have the potential to contaminate the product, are not easily 

corrosive, and are easy to clean; and 

5. The manner of harvest is done quickly and carefully, with hygienic, and apply cold chain 

handling methods. 

Furthermore, the matter of Distribution and Marketing, of course, cannot be separated from Food 

Trade, that is every activity or series of activities in the context of selling and/or purchasing Food, 

which include offers to sell Food transferred by obtaining compensation.  

In connection with the statement above, Article 71 Paragraph (1) of Act Number 18 of 2012, states 

that: Every person involved in the Food chain is obliged to control the risk of harm to Food, 

whether it comes from ingredients, equipment, production facilities, or from individuals so that 

Food Safety is guaranteed. Subsequently, Paragraph (2) states that: Every person who organizes 

activities or process of production, storage, transportation, and/or distribution of Food must: Meet 

Sanitation Requirements; and guarantee Food Safety and/or human safety. (Zimmermann, 2021) 

The Government guarantees the realization of the implementation of Food Safety in each Food 

chain in an integrated manner. The Government establishes Food Safety norms, standards, 

procedures, and criteria. Farmers, Fishermen, Fish Cultivators, and Food Business Actors must 

implement Food Safety norms, standards, procedures, and criteria. The application of Food 

Safety norms, standards, procedures, and criteria is carried out in stages based on the type of 

Food and Food business scale, and the Government must develop and supervise the 

implementation of Food Safety norms, standards, procedures, and criteria. (Njatrijani, 2021; 

Widiyaningsih, 2018) 

Food Safety is held to keep food safe, hygienic, good quality, nutritious, and not against 

the religion, beliefs, and culture of the community. Food Safety is intended to prevent the 

possibility of biological, chemical, and other contaminants that can interfere with, harm, and 

endanger human health. (Arif, 2018) 

Food Safety is carried out through: 

1. Food Sanitation; 

2. regulation of food additives; 

3. regulation of genetically engineered food products; 

4. regulation of Food Irradiation; 

5. the standard setting of Food Packaging; 

6. guaranteeing Food Safety and Food Quality; and 



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34 |   Existence of Consumer Protection… 

7. guaranteeing halal products for those that are required. 

Food sanitation is done so that Food is safe for consumption, carried out in the activities 

or process of production, storage, transportation, and/or distribution of Food., it must meet the 

requirements of Food Safety standards. (Haerani & Nurcahyo, 2019) The process of observation 

rather than the implementation of all organizational activities to ensure that all work is being 

carried out goes according to a predetermined plan. Supervision is a process that determines 

what must be done, so that what must be done, or so that what will be done is in line with the 

plan. A process for determining what work has been carried out, assessing and correcting it if 

necessary, with the intention of carrying out the work in accordance with the original plan. 

Supervision is every effort and action in order to find out how far the implementation of the task 

is carried out according to the provisions and objectives to be achieved. (Cohen, 2019; Dove & 

Bryant, 2019) 

In relation to the Fishery, Product Quality Control System has experienced quite a rapid 

development. However, the national fishery product quality control system that has been 

implemented so far seems to still require sharpening and feedback so that its implementation is 

more effective and efficient. This is intended to unite the pace of all levels and networks of the 

Quality of Fishery Quality Supervisors, especially in terms of the similarity of perceptions about 

the importance of implementing quality assurance for Fishery Products related to food safety and 

quality. In addition, it is necessary to harmonize understandings in the application of Quality 

Supervision by Quality Supervisors, both at the center and in various regions throughout 

Indonesia, as well as refinement of several related documents.  

In Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009 

concerning the Amendment of Law Number 31 of 2004 concerning Fisheries it is expressly 

regulated that the Fisheries business is carried out in the Fisheries business system which 

includes pre-production, production, processing, and marketing. Furthermore, it is also stipulated 

that the Fish Processing and Processed Fish Products process must meet the requirements for 

Fish Processing Feasibility and Fishery Products Quality and Safety Assurance System. As an 

effort to implement and operationalize the mandate of the Act in question, more regulations are 

needed in continuing regarding processing, Quality of Fishery Products, and Security Assurance 

System, so that it is based on the stipulation of Government Regulation concerning Fishery 

Product Quality and Safety Assurance System and Increasing the Added Value of Fishery 

Products.  

The Quality Fishery Product and Safety Assurance System is a prevention and control 

effort that must be considered and carried out from pre-production to distribution to producing 

good quality fisheries that are safe for human health. Quality Control covers all activities which 

include inspection, verification, surveillance, audit, and sampling in order to guarantee the quality 

and safety of the Fishery Products.  



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Existence of Consumer Protection…  | 35  

In the Republic of Indonesia’s Government Regulation No. 57 of 2015 concerning the 

system for guaranteeing the quality and safety of fishery products and increasing the added value 

of fishery products, in this case, fisheries are all activities related to the management and 

utilization of fish resources and the environment starting from pre-production, production, 

processing to marketing carried out in a fisheries business system. Raw fish materials include the 

parts that come from the catch and cultivation that can be used as a factor of production in the 

processing of Fishery Products. Fish are all types of organisms that all or part of their life cycle is 

in the aquatic environment. Again, talking about quality control in the field of fisheries, the quality 

control activities, through: 

1. Quality Supervision is carried out on cultivation or capture activities, handling, processing, 

packaging, storage, and distribution of Fishery Products. 

2. Quality Supervision is carried out through the: 

• guidance in the preparation of procedures and application of requirements for cultivation 

or capture, handling, processing, packaging, storage, and distribution; 

• guidance and facilitation in document preparation, validation, and quality system 

implementation; and 

• monitoring and evaluation of the quality and safety of products for consumption. 

3. Quality Supervision Results in the form of recommendations for issuing a Feasibility 

Processing certificate. 

4. Quality Supervision is carried out by the Quality Supervisor. Quality Supervisors are civil 

servants who are appointed by the Minister or officials who are then appointed to carry out 

Quality Control. 

According to the Republic of Indonesia’s Government Regulation No. 58 of 2001 

concerning Guidance and Supervision of the Implementation of consumer Protection, Article 7 

states that Supervision of the implementation of consumer protection and the application of 

statutory regulations is carried out by the government, the community, and non-governmental 

consumer protection institutions. Supervision is carried out by means of research, testing, and/or 

surveys. Research, testing, and/or surveys as intended are carried out on goods that are allegedly 

not fulfilling the elements of security, health, comfort, and safety of consumers.  

With regard to Quality Supervision, the Researcher has presented Sensory Analysis 

Sheets Based on the Indonesian National Standart 01-2729-1992 on the quality of fish as follows, 

the sensory quality of skipjack fish sold in the markets in Manado and its surroundings, the results 

of the analysis show that the value of quality ranges from 6-8, with the following assessment 

criteria score of 7-9 is stated to be fresh, the score of 4-6 is stated to be somewhat fresh, the 

score of 1-3 id stated to be not fresh. Law enforcement of Fishery Activities that Violate the Law 

are: 



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36 |   Existence of Consumer Protection… 

1. Fishery activities conducted by foreign people or ships in water that are part of the jurisdiction 

of a certain country without permission from the said country or that are contrary to the laws 

and regulations of said country; 

2. Fishery activities are carried out by ships that are flying the flag of a country that is a member 

of a regional fisheries management organization but are carried out in a manner that is 

contrary to the regulation concerning the management and conservation of resources 

adopted by the organization, where the provisions are binding on the country that is a 

member, or contrary to other relevant international laws; and/or 

3. Fishery activities that are contrary to national law or international obligations, including the 

obligations of member states of regional fisheries management organizations towards the 

said organization. 

“Unreported Fishery activities” are: 

a.i.1.  Fishery activities that are not reported or are reported incorrectly to the authorized 

national authorities, which are contrary to the laws and regulations of the authorized national 

authorities; and/or 

a.i.2. Fishery activities carried out in the area of competence of regional fisheries management 

organizations that are not reported or are reported incorrectly, which is contrary to the 

reporting procedures of the organization. 

Unregulated Fishery activities are: 

1. Fishery activities carried out in the area of competence of regional fisheries 

management organizations by: 

a) a ship without nationality; 

b) ships that fly the flag of a country that is not a member of the regional fisheries 

management organization; or 

c) Fishery companies, in which the fishery activities are carried out in a manner that 

is contrary to the regulations concerning the conservation and management of 

fisheries of the regional fisheries management organization. 

2. Fishery activities carried out by: 

a) a ship without nationality; 

b) ships that fly the flag of a country that is not a member of the regional fisheries 

management organization; or 

c) Fishery Companies, 

d) in territorial waters or for fish stocks where there are no regulations concerning 

the conservation and management of fisheries which can be applied and carried 

out in a manner that is contrary to the responsibility of the state to conserve live 

marine as a form of natural resources based on international law. 



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Existence of Consumer Protection…  | 37  

The law is an association of ideas, values, and concepts that are abstract, and to realize 

it as an institution in life is a process that is strongly influenced by: 

1. Humans as Law Makers, Law Enforcement Officials with Bureaucracy; 

2. Community Structure; and 

3. Institutions/Organizations. 

Of the 3 (three) elements mentioned above, the implementation cannot be separated 

from the influence of the environment in the form of certain patterns and behaviors of the 

community. The law, in carrying out its function as a regulator of common life, runs a long process 

and involves a variety of activities with different qualities and the outline of the activity is in the 

form of law-making and law enforcement. The law in this sense is not the law in the broad sense, 

but the law in a positive sense, namely written regulations or legislation that apply in a certain 

place, in this case in Indonesia. Factors that affect law enforcement are: (1) The legal factor itself, 

namely the legislation. (2) The law enforcement factor, namely those who form or apply the law 

(government and law enforcement officers). (3) The factors of facilities and infrastructure that 

support law enforcement. (4) The cultural factor. 

The success of law enforcement always requires the functioning of all components of the 

legal system. Law Enforcement System for the Marketing of Skipjack Fish as a Safe Food Product 

can be described as follows: 

1. The legal substance component is Law No. 8 of 1999 concerning the Law of Consumer 

Protection. 

• Article 1:1 of the Consumer Protection Act states that: Consumer protection is all 

efforts that guarantee legal certainty to provide protection to consumers. 

• Article 4 of the Consumer Protection Act states that: Consumer rights are the right 

to comfort, security, and safety in consuming goods and/or services. 

• Article 7 of the Consumer Protection Act states that: The obligations of business 

actors are good faith in carrying out their business activities. 

• Article 8:2 of the Consumer Protection Act states that: Business actors are 

prohibited from trading damaged, defective or used, and polluted goods without 

providing complete and correct information on the said goods. 

• Article 19 of the Consumer Protection Act states that: Business actors are 

responsible for providing compensation for damage, pollution, and/or services 

produced or traded. 

2. The legal structure component is: 

• In connection with the foregoing, the law cannot be upheld if there is no credible, 

competent, and independent legal apparatus. If the law is not supported by a 

good legal apparatus, then justice is only wishful thinking. The weakness of the 

legal apparatus mentality has resulted in the application, implementation, and 



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38 |   Existence of Consumer Protection… 

enforcement of the law not working properly. Many factors influence the 

weakness of the legal apparatus mentality. Even though the regulations are good, 

if the quality of law enforcement is low, there will be problems. There is an adage 

that states that fiat justitia et pereat mundus meaning even though the world is 

collapsing the law must be upheld. The law cannot be upheld if there are no law 

enforcement officers who are credible, competent, and independent. If the law is 

not supported by a good law enforcement officer, then justice is only wishful 

thinking. This means that a legal structure is needed in the application, 

implementation, and law enforcement of the law.  

• However, on a practical level, there are several problems that exist, namely: 

• Weak coordination between the Government Vertically, namely the Central 

Government: The Directorate General of Consumer Protection at the Central 

Ministry of Trade with Regional Governments: the Field of Consumer Protection 

of North Sulawesi Industry and Trade Service; and horizontally, namely the North 

Sulawesi Industry and Trade Service - the North Sulawesi Special Criminal 

Investigation Directorate - the North Sulawesi POM Agency.  

• The lack of human resource stakeholders in carrying out their duties as 

Investigators in Consumer Protection Law Enforcement. 

• Weak public service. 

• The local government has not provided the means and facilities for the Consumer 

Dispute Settlement Agency. 

3. The legal culture component is: 

• Diversity of ideas about the law that exist in various societies and their position in 

the social order. These ideas explain legal practices, the attitude of citizens 

towards the law and unwillingness to file cases, and relative legal significance, in 

explaining broader thoughts and behaviors outside of practice and specific forms 

of discourse related to legal institutions. Thus, variations in legal culture may be 

able to explain a lot about the different ways in which legal institutions that appear 

to be the same can function in different societies.  

• In connection with the purpose of this study, the indicator of legal culture is a 

measure from researchers to trace the effectiveness of Law Number 8 of 1999 

concerning Consumer Protection.  

• Based on facts found in the field, the following are discovered: 

i. The existence of Culture set and mindset stakeholders have not fully 

supported a bureaucracy that is efficient and effective, productive and 

professional. 



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Existence of Consumer Protection…  | 39  

ii. The weakness of the legal apparatus mentality has resulted in law 

enforcement not working as it should.  

iii. Weak public service from stakeholders. 

iv. The stakeholder of the Human Resources factor is not yet competent. 

v. The performance of government organizations is still low. 

vi. The Monitoring System has not yet run optimally. 

vii. Performance accountability is not yet effective therefore the legislation 

still overlaps. 

viii. Weak coordination vertically, namely the Central Government: The 

Directorate General of Consumer Protection at the Ministry of Trade with 

the Regional Government: the Consumer Protection Sector of the North 

Sulawesi Industry and Trade Office; and horizontally, namely the North 

Sulawesi Industry and Trade Service - the North Sulawesi Special 

Criminal Investigation Directorate - the North Sulawesi POM Agency.  

ix. The lack of attention from stakeholders in implementing Law No. 8 of 

1999 concerning Consumer Protection.  

x. The lack of public awareness of Law No. 8 of 1999 concerning the Law 

on Consumer Protection.  

The field conditions stated above indicate a lack of legal culture from both stakeholders 

and citizens. This is certainly an inhibiting factor in Consumer Protection Law Enforcement. This 

is intended, that if the Government and society have had a positive value, then the law will be well 

received, on the contrary, if it is negative, the community will oppose and stay away from the law 

and might even consider that the law does not exist. Legal culture is closely related to public legal 

awareness. The higher legal awareness of the community will create a good legal culture and can 

change the mindset of the public regarding the law. In simple terms, the level of compliance with 

the law is one indicator of the functioning of the law. 

CONCLUSION 

The process of catching, storing, and marketing skipjack tuna in North Sulawesi still uses 

traditional methods where the health and safety aspects of the catch cannot be ascertained, and 

the storage and marketing process for skipjack tuna is not in accordance with the appropriate 

standard operating procedures so that the impact on the incorrect information provided to the 

consumer and the process of catching, storing and marketing skipjack tuna in North Sulawesi still 

uses traditional methods where the health and safety aspects of the catch cannot be ascertained 

and the storage and marketing process for skipjack tuna is not in accordance with the appropriate 

standard operating procedures so that the impact on the incorrect information provided to the 

consumer. And the suggestions that the author gives are in the context of Consumer Protection 

Law Enforcement in North Sulawesi, the vertical coordination of the shareholders is needed, 



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40 |   Existence of Consumer Protection… 

namely: the Central Ministry of Trade and the North Sulawesi Trade Industry Service; as well as 

horizontally, namely the North Sulawesi Trade Industry Service - North Sulawesi Special Criminal 

Investigation Directorate - North Sulawesi Food and Drug Supervisory Agency. There needs to 

be the empowerment of Human Resources for Civil Servant Investigators because all this time 

there has been a lack of human resources for stakeholders in carrying out their duties as 

Investigators of Civil Servants in Consumer Protection Law Enforcement. It is necessary to 

establish a Consumer Dispute Settlement Agency in Consumer Protection Law Enforcement. 

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