Gold’s Gym Indonesia’s Legal Responsibility Towards Consumers Due To Unidated Termination of Operations

Abstract

This study examines Gold’s Gym Indonesia’s legal liability toward consumers resulting from the unilateral suspension of operations by PT Fit and Health Indonesia. In the context of gym membership, the business operator is obligated to provide services in accordance with the agreement; this obligation is consistent with Article 7 of Law No. 8 of 1999 on Consumer Protection and relevant provisions regarding consumer protection and operational standards. A unilateral closure without clear notice causes harm to consumers and raises questions regarding the form of liability of the business operator as well as the most appropriate dispute resolution mechanism. This study aims to analyze: (1) the legal liability of business operators for unilateral suspension of operations, (2) the legal implications arising from such actions, and (3) the dispute resolution mechanisms available to consumers. The research method employed is a normative legal approach, utilizing both statutory and conceptual frameworks, through a literature review of primary, secondary, and non-legal sources. The findings indicate that unilateral operational closure constitutes a breach of contract, giving rise to civil and administrative implications. Civilly, the business operator may be liable for damages, contract rescission, and specific performance accompanied by compensation in accordance with the provisions of the Civil Code and the Consumer Protection Act. Administratively, the business operator may be subject to sanctions through the Consumer Dispute Settlement Body (BPSK) pursuant to Article 60 of Law No. 8 of 1999 on Consumer Protection, as well as oversight by relevant authorities. This study suggests that the most relevant dispute resolution method is the non-litigation route through the BPSK with the support of collective consumer representation; however, if this does not provide adequate legal certainty, consumers may pursue litigation through a class action.