This article is an English translation of Sudah Beli Tiket Konser Tapi Tak Dapat Kursi, Tempuh Upaya Ini written by Nafiatul Munawaroh, S.H., M.H, and was published on Wednesday, 15 March 2023.
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Responsibilities of the Promoter If the Performance Are Not Fulfilled
Before we answer your question, regarding the audience who has purchased concert tickets but is unable to secure seats, it is important that we clarify what a promoter is. A promoter or promotor in Bahasa Indonesia, according to the official dictionary of the Indonesian language (Kamus Besar Bahasa Indonesia/ “KBBI”), is a person who is an advocate or booster of a business (movement and so forth). In the context of music performances or concerts, we assume that the promoter is the party organizing the concert, including the one who is responsible for managing the audience seats.
A music concert promoter is a business actor who is any individual or business entity, both in the form of legal entities and non-legal entities, established and domiciled or conducts activities within the jurisdiction of the Republic of Indonesia, both individually and jointly through an agreement to carry out a business activity in various economic sectors.
Meanwhile, consumers who purchase concert tickets, are any person who uses goods and/or services available in the community, either for the interests of themselves, families, other persons, or other living organisms and not for trading.
When an audience purchases K-POP concert tickets or music concert tickets, and a seat number is printed on the ticket for the audience to occupy, then it has become the obligation of the promoter to provide a seat in accordance with the "promise" in the ticket.
Every audience as a consumer according to Law 8/1999 the right to choose goods and/or services as well as to obtain said goods and/or services in accordance with the promised exchange rate, condition, and guarantee.
If the goods and/or services received by consumers are not in accordance with the agreement or not as they should be, then the consumer has the right to obtain compensation, indemnity, and/or replacement.
Hence, what is the responsibility of concert promoters to fulfill the rights of the audience? Business actors or promoters according to Law 8/1999 have the obligation to act in good faith in conducting their business activities. If the goods and/or services received or utilized are not in accordance with the agreement, business actors have to provide compensation, indemnity, and/or replacement.
Thus, if the audience has paid for a concert ticket with the seat number promised by the promoter, then the promoter must provide a seat according to the seat number listed on the ticket. If the promoter does not fulfill its performance, namely providing audience seats in accordance with the ones listed on the tickets, so that the audience does not get a seat, the promoter must provide compensation, indemnity, and/or reimbursement.
Actions That Can Be Taken by the Audience
Audiences who feel aggrieved by the actions of the promoter who does not provide seats as promised in the ticket may take the following non-litigation or litigation steps.
- Complaining to the Consumer Dispute Settlement Agency
One of the legal remedies that can be taken by the audience is to file consumer disputes to the Consumer Dispute Settlement Agency (Badan Penyelesaian Sengketa Konsumen/ “BPSK”), which has the authority to settle consumer disputes outside of the court.
In the context of the handling of consumer disputes, BPSK has the duties and authorities to handle and settle consumer disputes through mediation, arbitration, or conciliation as well as to receive written and unwritten complaints regarding violations of consumer protection.
In order to handle and settle consumer disputes, the BPSK shall establish a panel of at least 3 members and its decision shall be final and binding. For the decision of BPSK, business actors must implement it for a maximum of 7 days after receiving the decision.
If the parties are not satisfied with the decision of BPSK, then the parties may file an objection to the District Court for a maximum of 4 days after receiving the notification of the said decision.
It should be noted that decisions of BPSK which are final and binding shall be requested for an execution ruling to the District Court in the domicile of the consumer who suffered losses.
- Suing the Promoter
In addition to going through the non-litigation method, the audience or consumers may file a lawsuit to the District Court. As for the basis of the lawsuit, quoting from the article entitled Concert Cancelled, Can Tickets Be Fully Refunded? may take the form of unlawful acts based on violations of consumer rights and obligations of business actors under the Consumer Protection Law.
The same article also states that the basis for a lawsuit can also use a default if it is based on a non-fulfillment of achievement/performance. In the context of an audience who is unable to obtain a seat, because the promoter does not provide it properly, an achievement that is not implemented by the promoter is the availability of a seat stated in the ticket which has been paid for by the audience.
Therefore, based on the information you submitted that there were more than one audience who was unable to secure a seat, then as information, Law 8/1999 acknowledged the existence of a class action. Thus, the aggrieved audience may sue individually or through a class action. For details, you may read Class Action: Requirements and Procedures.
These are the answers we can provide, we hope you will find them useful.
Law Number 8 of 1999 on Consumer Protection.
Promotor, accessed on Wednesday, 15 March 2023, at 08.43 West Indonesian Time (zone).
 Article 1 number 3 Law Number 8 of 1999 on Consumer Protection (“Law 8/1999”).
 Article 1 number 2 Law 8/1999.
 Article 4 letter b Law 8/1999.
 Article 4 letter h Law 8/1999.
 Article 7 letter a Law 8/1999.
 Article 7 letter g Law 8/1999.
 Article 49 section (1) Law 8/1999.
 Article 52 letter a and e Law 8/1999.
 Article 54 Law 8/1999.
 Article 56 section (1) Law 8/1999.
 Article 56 section (2) Law 8/1999.
 Article 57 Law 8/1999.
 Elucidation to Article 46 section (1) letter b Law 8/1999.
 Article 46 section (1) letter a and b Law 8/1999.