The Effectiveness of ASEAN Committee on Consumer Protection

(ACCP) to Achieve ASEAN Economic Community based on People

Oriented

Primadiana Yunita

Keywords: AEC, ACCP, consumer protection, people-oriented, regime effectiveness

Abstract: In principle in realizing a people-oriented MEA, the protection of consumers is expected to protect the

interests and welfare of consumers becomes important. However, it is possible that state-made regulations do

not protect consumers from goods and services from abroad. In response to this, ASEAN successfully

established the ASEAN Committee on Consumer Protection (ACCP). All products traded within the ASEAN

region shall be reported, except: food products, pharmaceuticals, health supplements, traditional medicines,

cosmetics and medical equipment. Unfortunately, the type of excluded goods are goods that are often

consumed by the public. Another disadvantage is that the data collection process is not included in the service

products, whereas the current trade trend is more towards the service sector than the goods.This paper attempts

to discuss the effectiveness of ACCP in implementing consumer protection regulations in ASEAN countries.

In this paper the authors use descriptive method with a qualitative approach, through literature study obtained

from books, journals and articles related to the theme of this study. The results of this study based on the

classification of the level of effectiveness of the regime, ACCP classified in mixed-performance regimes

1 INTRODUCTION

The increasingly growing economic, trade and

industry development has provided tremendous

convenience to the consumers as there is a wide

variety of products and services that can be

consumed. The development of globalization and

large trade is supported by information technology

and telecommunication that provides very free space

in every trade transaction, so that the goods / services

that are marketed can be easily consumed. If not

careful in choosing the desired product / service, the

consumer will only become the object of exploitation

from irresponsible business actor. Unwittingly,

consumers take for granted the goods / services

consumed.

The tantalizing potential of the ASEAN market

does not necessarily reinforce consumer positions.

The position of the consumer community in the

ASEAN region is placed in a complementary position

only. In the ASEAN economic community the

problem of consumer protection is only included on

the issue of mere regional economic competition. It

also aims only to strengthen the existence of the

ASEAN Consumer Protection Coordinating

Committee (ACCP), with network strengthening

activities in the exchange of information, as well as

training for its staff.

ACCP which in fact is a government organs, in

practice has many limitations in providing consumer

protection, because substantially almost impossible

this institute take a more portion of defending the

interests of consumer society, by applying hard

sanctions to business actors.

Whereas since the beginning of the ASEAN

agreement including the economic community, the

approach is the virtue of the existence of the

community becomes the most important thing

(people centered). Thus must the efforts of consumer

protection into the spirit of the economic community,

should be placed on the mainstream, and not just a

complement. This is important because the

perspective in building an ASEAN economic

community will be different when the existence of

most consumer societies is taken into account. The

choice of providing goods and services and the

movement of capital and investment will surely take

into account whether the interests of most consumers

are not affected. With this kind of view, consumer

protection efforts are not merely seen from the point

Yunita, P.

The Effectiveness of ASEAN Committee on Consumer Protection (ACCP) to Achieve ASEAN Economic Community based on People Oriented.

DOI: 10.5220/0010272700002309

In Proceedings of Airlangga Conference on International Relations (ACIR 2018) - Politics, Economy, and Security in Changing Indo-Paciﬁc Region, pages 34-37

ISBN: 978-989-758-493-0

of competition alone, but must be a prerequisite for

business process and management of economic sector

policy by every country in ASEAN region and other

countries that have interests with ASEAN market.

Consumer protection is an important tool in

building an ASEAN people-oriented human

resources. ASEAN has realized that the interests and

welfare of consumers must be taken into account in

all aspects to achieve an integrated economic region,

given the ASEAN Economic Community will create

a single market-based production where consumers

have an important role for the progress of ASEAN

countries so it needs to be protected in all aspects.

2 METHODS

In analyzing case studies in this study the authors use

the theory of regime effectiveness of Arild underdal.

Underdal classifies the effectiveness of the regime

into three categories, namely the first regime that is

considered effective, the two regimes with

performance that are between effective and not, are

termed mixed performance regimes, and the third

regime with a low level of effectiveness.

Effective regimes are indicated by simple

problems with good problem-solving abilities. A

regime classified in mixed-performance regimes, has

scores that combine positive and negative points,

such as complex problem levels with high problem

solving abilities, or simple problems with relatively

low problem-solving abilities. Ineffective regimes

scored negatively on all aspects, both from the nature

of the problems encountered and the problem-solving

skills they have.

Related to the effectiveness of an international

regime, there are several variables namely dependent

variable, independent variable, and intervening

variable (Underdal, 2001: 13). In this dependent

variable is divided into three categories namely

output, outcome, and impact. Output is a set of rules,

programs, and organizational set for the

operationalization of the regime. This is done so that

the planning of a particular agreement can be realized

(Underdal, 2002: 4-15) Usually this output is written

like tracts, delays and others, or unwritten which is

usually found in norms, principles, and so forth.

While this Outcome shows a behavioral change of the

actors who are subject to certain decisions and

conditions in the regime. Then the last is the impact

associated with the magnitude of the possibility of the

regime is successful.

Of the three variables in this dependent variable

then the author understands that starting from the

output which is a rule issued by a regime, then can be

seen how the effectiveness of the regime by looking

at how the behavior of actors who are members of the

regime. Whether affected or not and obedient or not.

The regime can be said to succeed if its members are

obedient and its behavior changes according to what

has been determined by the regime.

Then, the second variable, that is the independent

variable. If the dependent variable, the authors see the

effectiveness through the behavior of members, then

in this independent variable the author can say that

the effectiveness of a regime seen in how the regime

overcome the problem. When referring to the article

Underdal (2002: 18), the regime that can be said to

succeed is a benign regime compared to malign

because if the regime is benign, the regime will be

easy to reach agreement. In this independent variable,

there are categories of malignancy problems, problem

solving capacity, and intervening problems.

In the category of problem malignancy, problems

arise when issues or conflicts raised in a regime have

great potential to make countries reluctant to

cooperate. The problem of malignancy has three

categories which include Incongruity or disagreement

because not all members of the regime consider issues

as conflict or problems, asymmetry or different

interests between members of one with other

members causing division, and cumulative cleavages

or large accumulated differences possibly to cause

division. The second problem is the problem solving

capacity problem which is related to the functions of

elements such as institutional setting, power

distribution, and the expertise and energy available to

the regime can work (Underdal, 2002: 18-22).

The effectiveness of a regime can also be seen

based on its intervening variables, which in this

variable the effectiveness of a regime is seen based on

its level of collaboration (Underdal, 2002: 7). There

are six scales that can be the size of the collaboration

level; namely joint ideas, secret coordination of

actions, explicit formulation of rules, centralized

assessment, implementation at the national level,

planned coordination of actions, and integration

between planning and implementation (Underdal,

2002: 7-8)

3 RESULTS

The first step in regime policy evaluation is to

determine the object of evaluation, evaluation

standards, and how to evaluate the object of the

evaluation. The object of further evaluation is

translated into three parts, namely output, outcome,

The Effectiveness of ASEAN Committee on Consumer Protection (ACCP) to Achieve ASEAN Economic Community based on People

Oriented

and impact. It is clear that the object of evaluation in

this assessment is the ACCP regime itself, with the

ASEAN Strategic Action Plan for Consumer

Protection 2016-2025 (ASAPCP) as its policy, thus

representing the output of a series of evaluation

objects. The basic criterion for measuring the regime

at the output stage is the strength of rules and

regulations, and the level of collaboration that is

formed.

The next series is to assess outcomes and impacts,

which are closely related to the implementation of

regime policies. Based on the data obtained in this

study, the management of consumer protection has

not been implemented and is still in the discourse

stage, there is no draft of discussion on harmonization

of consumer protection arrangements and ACCP

website, articles, and news reports there is no

discussion on the harmonization of regulation on

consumer protection in ASEAN countries. This is

according to the author, because not all ASEAN

countries have arrangements on consumer protection,

as listed in the table below:

Table 1.

Country

Prinsipal Consumer

Protection Act

Brunei Darussalam

Consumer Protection (Fair

trading order 2011)

Cambodia

Being drafted

Indonesia

Consumer Protection Act

No 8/1999

Lao PDR

Law on Consumer

Protection 2010

Malaysia

Consumer Protection Act

1999

The Republic Of The Union

Of Myanmar

The consumer

protection Law

no.11 2014

Phillippines

Republic Act

No.7394-The Consumer

Act of 1992

Singapore

Consumer Protection (Fair

Trading) Act 2009

Thailand

The Consumer

Protection Act 1979

Vietnam

Ordinance of

Protection of

Consumer’s Interests 1999

Judging from the relative progress of the

achievement of the ACCP regime, the dynamics

within the ACCP regime within the AEC framework

have been able to bring almost all ASEAN member

countries to negotiate and pay attention to the same

thing that is the protection of consumers in the trade

of goods and services. ACCP is still focusing on

overseeing the preparation of the prevailing

arrangements and the application of consumer

protection in each ASEAN member country in order

to face the ASEAN Economic Community, due to

later on the AEC consumer protection laws of each

applicable country and not yet preparing and thinking

more about the harmonization of consumer protection

arrangements for ASEAN countries, given the

harmonization of a regulation in some countries takes

a short time.

This is not ideal in the opinion of the author,

because there is no harmonization of regulations in

the field of consumer protection that causes the

occurrence of obstacles, among others, the provisions

on consumer protection in each country will be

different, in this case will be difficult and confusing

business actors. If the law and consumer dispute

settlement bodies are based on applicable law in the

place of business actor where there is a disadvantaged

consumer then the consumer dispute settlement body

will be more favorable to the consumer which

incidentally is the citizen, therefore in ASEAN

Economic Community through ACCP regime is very

necessary existence of harmonization in field

consumer protection.

The institution in this case is that ACCP actually

acts as an arena providing information, and facilitates

negotiations to reach agreement on what points

should be contained in consumer protection.

Furthermore, in the decision-making method, the

mechanism used by ACCP is consensus, so that the

approved items are normative. Consensus is

influenced by the constellation and distribution of the

power of the parties involved in the negotiation

process. If there is one ASEAN member country that

says "no" about something, be it activity, how to

report, how to behave, how to write an attitude or

whatever it is, even when the country does not

propose strong grounds, the issue will be "hanged,"

postponed or not published to the public. This

decision-making model in ASEAN does cause

tension, but we also have to understand that this

tradition was born when ASEAN was founded

consisting of countries that have many problems in

their own country. Similarly, if there is disagreement

at the formal level, that right can spread to things that

are informal. So diplomacy and negotiation at

ACIR 2018 - Airlangga Conference on International Relations

ASEAN level desperately need expertise to balance

these two things.

In the ASEAN Economic Community despite the

economic integration that is the free flow of goods,

services, investment, labor, capital flows but still

respect the culture, customs and special matters

governed by fellow ASEAN member countries

considering ASEAN consists of several 10 countries

that have different cultures and customs, the level of

progress of each country varies. AEC is formed to

reflect the concept of integration among ASEAN

countries while maintaining the sovereignty of each

country means that economic policies and decisions

are taken by each AEC member country, therefore the

agreement made by the AEC countries will be

implemented carefully so as not to lose sovereignty

of his country.

4 DISCUSSION

Underdall's theory will be maximized when applied

in analyzing case studies of the regime whose nature

of decisions and binding sanctions. If this theory is

used to analyze the case of non-binding regimes such

as ASEAN then the variables that can not be used as

a benchmark. In addition, the size and scale of the

calculations made by Underdall on both negative and

numerical negatives precisely ignore many other

variables in viewing regime effectiveness such as

culture, norms and other social aspects.

5 CONCLUSIONS

Based on the classification of regime effectiveness

level formulated by Arild Underdal, ACCP belong to

mixed-performance regimes. This conclusion is

obtained after the researcher evaluates regime

policies that include the implementation and

compliance level of the parties, and sees the dynamics

of negotiation in the decision-making process. A

regime classified in mixed-performance regimes, has

a score that in this case is a simple problem with a

relatively low problem-solving ability.

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The Effectiveness of ASEAN Committee on Consumer Protection (ACCP) to Achieve ASEAN Economic Community based on People

Oriented