Unregulated Workshop Practices and Consumer Protection: Addressing Unauthorized Fuel Siphoning

Abstract

Unauthorized fuel extraction by mechanics in official motorcycle workshops constitutes a significant yet underexamined issue in consumer protection law. This study is prompted by a case in which a mechanic siphoned fuel from a consumer’s motorcycle tank without consent during a service process, resulting in material loss and a violation of consumer rights. The issue is particularly relevant given the imbalance of knowledge and power between business actors and consumers. This research aims to identify the causal factors underlying unauthorized fuel siphoning, analyze the legal responsibility of business actors, and examine mechanisms for resolving disputes arising from such practices. The study employs an empirical juridical method with a field research approach, combining interviews with consumers and workshop personnel and normative analysis based on Law Number 8 of 1999 on Consumer Protection. The findings demonstrate that unauthorized fuel siphoning constitutes a breach of consumer protection principles and gives rise to legal liability for business actors. The primary motivating factor identified is the perceived inefficiency and higher cost of using specialized cleaning agents, such as carburetor spray cleaners, which leads to informal and unethical service practices. Dispute resolution in these cases is generally pursued through non-litigation mechanisms, particularly negotiation. This study underscores the need to strengthen transparency in workshop services and to enforce clearer ethical and procedural standards. It concludes that enhancing both preventive and repressive consumer protection mechanisms is essential to ensure effective protection of consumer rights.