scholarly journals Peran BPSK Dalam Menyelesaikan Sengketa Konsumen

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Anik Tri Haryani ◽  
Sarjiyati Sarjiyati ◽  
Yuni Purwati
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Conceptual Approach ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
The Law ◽  
Settlement Of Disputes ◽  
Selection Of

Abstract— The purpose of this study is to analyze and explain the role of BPSK in resolving consumer disputes and analyze the dispute resolution process BPSK. This research used normative juridical approach to the law (statute approach) and the conceptual approach (conceptual approach). The results showed that in the implementation of consumer protection in Indonesia, BPSK is spearheading role in the field to provide protection to consumers who have been harmed. The protection afforded by BPSK to consumers is through the settlement of disputes between consumers and businesses, and also through the inclusion of supervision of any agreement or document that outlines the standard clause. While the dispute settlement process is done for the sake of the stages of the stages are as follows: stage request of the applicant, ie the consumer as plaintiff; pretrial stages, namely the selection of completion method; settlement of disputes based on the decision of the parties, especially mediation, conciliation, arbitration and the decision of the Assembly. Keywords—: Role; BPSK; consumer disputes.

scholarly journals PROCEDURE FOR RESOLVING CONSUMER DISPUTES THROUGH CONSUMER DISPUTE SETTLEMENT AGENCY (BPSK)

2021 ◽  
Vol 1 (2) ◽  
pp. 64
Author(s):  
Maryanto Maryanto ◽  
Lathifah Hanim ◽  
Dini Amalia Fitri
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Protection System ◽  
Legal Certainty ◽  
Protection Agency ◽  
Resolution Process ◽  
Dispute Resolution Process

The establishment of the Consumer Dispute Settlement Agency (here and after, we will use the acronym BPSK) is to protect consumers and entrepreneurs by designing a Consumer Protection system that contains legal certainty and transparency. The purpose of this study was to determine the procedure for resolving consumer disputes through BPSK. This research uses doctrinal and non-doctrinal approaches. The result of the research is that the procedure for resolving consumer disputes carried out by BPSK is through 2 (two) processes or paths that must be passed if consumers want to resolve consumer disputes with business actors, namely: Dispute Resolution outside the court, namely the process of making a complaint or claim for losses carried out by business actors to BPSK or Non-Governmental Consumer Protection Agency (LPKSM). From these complaints, BPSK is obliged to issue a decision no later than 21 (twenty-one) working days after the claim is received and Dispute Settlement Through the court, namely the process Consumers who feel aggrieved report to the authorities, namely to the police for follow-up as in the dispute resolution process in court. There are 3 (three) ways to settle consumer disputes, namely conciliation, arbitration, and mediation.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals PERLINDUNGAN HUKUM TERHADAP KONSUMEN YANG MENGALAMI KERUGIAN AKIBAT PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI LAUT MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2021 ◽  
Vol 2 (01) ◽  
pp. 12-23
Author(s):  
Roida Nababan ◽  
Martono Anggusti ◽  
Sonya Lorensa Sirait
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Road Traffic ◽  
Shipping Company ◽  
Legal Remedy ◽  
Peaceful Settlement ◽  
The Law ◽  
Settlement Of Disputes ◽  
Actual Price

The responsibility of the shipping company in reimbursing losses suffered by consumers in the delivery of goods resulting from damage to goods or loss of goods then looking for evidence that damage and loss of goods occur due to transportation of goods to the detriment of the consumer in accordance with Article 188 of Law No. 22 of 2009 concerning Road Traffic and Transportation and Article 1 number 1 of Law No.8 of 1999 concerning Consumer Protection. From the results of the study it can be concluded that first, if the goods transported are lost / stolen or damaged due to the fault of the transporting company, then he must be responsible. Second, the legal efforts undertaken by the consumer, namely the resolution of disputes outside the court, the peaceful settlement of disputes by the parties to the dispute is a legal remedy that was first attempted by the parties to the dispute, before the parties chose to settle the dispute through the Consumer Dispute Settlement Agency. The results of the study the authors provide advice to protect consumers, shipping companies responsible for compensation for goods / or services must be replaced with the actual price of goods in accordance with the law by looking at a written contract that is agreed between the business actor and the consumer.

scholarly journals PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI

2020 ◽  
Vol 3 (2) ◽  
Author(s):  
Darwis Manurung
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The Other ◽  
District Court ◽  
Know How ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
The Republic ◽  
The One

Abstract Litigation dispute resolution is the settlement of a dispute through a court which results in a win and lose decision. The decision gives the one party wins and the other party loses. Non-litigation dispute resolution is the settlement of a dispute outside the court where it produces a win-win solution.Based on the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning Implementation of Duties and Authorities of the Consumer Dispute Settlement Agency Article 3 Letter a states that the dispute resolution process in BPSK can be pursued in three ways, namely by means of Conciliation, Mediation or Arbitration. Through these three ways of resolving it is expected to produce a decision that provides a win-win solution for the parties. However, it is inevitable that in reality not all decisions made by BPSK with this arbitration will give satisfaction to the parties.The purpose of writing this paper is to find out the authority of the District Court to cancel the BPSK Decision and also know how to file an objection to the BPSK Decision.The authority of the District Court to cancel the BPSK Arbitration verdict is based on Article 58 UUPK and Article 41 paragraph (3) Decree of the Minister of Industry and Trade of the Republic of Indonesia Number 350 / MPP / Kep / 12/2001.

scholarly journals Consumer Legal Protection Reviewed from Consumer Protection Law in Consumer Dispute Settlement through Litigation

2022 ◽  
Vol 9 (1) ◽  
pp. 161-166
Author(s):  
Muhammad Jarnawansyah ◽  
Reza Muhammad Rizqi
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Science And Technology ◽  
Legal Protection ◽  
The Other ◽  
Business People ◽  
Business Goals ◽  
Legal Remedies ◽  
The Law

There is a law called Law Number 8 of 1999 that deals with consumer protection. It says that disputes between consumers and business people can be settled through both litigation and non-litigation channels and that both types of channels can be used to do this. Using the courts to settle consumer disputes is a way to do this. This type of dispute resolution refers to the rules for general courts. So that consumers need to get help from the law to get their rights as consumers. Consumer protection is becoming more and more important as science and technology move faster and faster. This is because the speed of science and technology is what drives the productivity and efficiency of producers for the goods or services they make in order to reach their business goals. As a result of this, either directly or indirectly, the Consumers are the ones who feel the effects of these two things the most. In this case, the consumer protection law says that businesses must give legal protection to their customers, so this shows that businesses must do this. And legal remedies for resolving disputes between customers and business people in the event of a dispute can be used both in court and out of court. In order for a dispute to be resolved through litigation, one party has filed a lawsuit against the other party. However, non-litigation dispute resolution can be done in a number of ways, such as through negotiation, consolidation, mediation, arbitration, and so on. Keywords: Legal Protection, Consumers, Consumer Disputes, Litigation, Laws.

The Settlement of Disputes Arising From Conflicting Outer Continental Shelf Claims

2009 ◽  
Vol 24 (2) ◽  
pp. 409-422 ◽  
Author(s):  
Keyword(s):  
Continental Shelf ◽  
Dispute Settlement ◽  
Law Of The Sea ◽  
Outer Continental Shelf ◽  
Rules Of Procedure ◽  
The Law ◽  
International Seabed Authority ◽  
Dispute Settlement System ◽  
Settlement Of Disputes

AbstractThis article begins with brief observations on the dispute-settlement system contained in the 1982 UN Convention on the Law of the Sea (LOS Convention). It then reviews the rules of procedure of the Commission on the Limits of the Continental Shelf (the Commission) which are designed to prevent or minimize disputes concerning outer continental shelf boundaries. In this context reference is made to joint submissions by coastal States. The role of the institutions created by the LOS Convention—the International Seabed Authority, the International Tribunal for the Law of the Sea, in particular the Seabed Disputes Chamber, and the Commission—with respect to dispute settlement is examined. It also considers the circumstances when States Parties may or may not challenge the recommendations of the Commission.

scholarly journals PENYELESAIAN SENGKETA DALAM KONTRAK TAMBANG EMAS MELALUI ARBITRASE

2015 ◽  
Vol 9 (2) ◽  
pp. 159
Author(s):  
Dominicus Mere
Keyword(s):  
Dispute Resolution ◽  
Gold Mining ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Domestic Courts ◽  
Public Scrutiny ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

<p><strong> </strong><strong>Abstrak</strong></p><p>Artikel ini membahas mengenai penyelesaian sengketa dalam kontrak tambang emas melalui arbitrase. UU No. 4 Tahun 2009 menentukan bahwa setiap sengketa yang muncul dalam pelaksanaan izin pertambangan diselesaikan melalui pengadilan dan arbitrase dalam negeri sesuai dengan ketentuan peraturan perundang-undangan. Dalam pembahasan ini penulis berpendapat bahwa pilihan penyelesaian sengketa melalui arbitrase adalah pilihan yang tepat ketimbang pilihan litigasi di pengadilan. Hal tersebut dikarenakan arbitrasi memiliki beberapa kelebihan seperti proses penyelesaian sengketa lebih cepat, hasil kesepakatan yang bersifat “win-win solution”, serta jaminan kerahasiaan sengketa dari sorotan publik. Berdasarkan kelebihan- kelebihan tersebut, arbitrase dinilai lebih tepat untuk diterapkan dalam sengketa kontrak tambang emas di Indonesia.</p><p><strong><br /></strong></p><p><strong><em>Abstract  </em>                                                                 </strong></p><p>This article discusses the settlement of disputes in the gold mining contract through arbitration. Law Number 4 of 2009 specifies that any disputes that arise in the implementation of mining license should be resolved through arbitration in domestic courts and in accordance with the provisions of the legislation. In this paper the author argues that choosing arbitration as a dispute resolution mechanism is more proper than choosing court litigation. That is because arbitration has several advantages such as faster dispute resolution process, the “win-win” nature, as well as the guarantee of confidentiality from public scrutiny. Based on these advantages, arbitration is considered more appropriate to be applied in gold mining contract disputes in Indonesia.</p>

scholarly journals Procedures for Completing Small Claims Lawsuit of Civil Cases in District Court in Indonesia

2020 ◽  
Vol 9 (3) ◽  
pp. 136
Author(s):  
Marjo ◽  
Nanik Rofikoh
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
District Court ◽  
Small Claim ◽  
Resolution Process ◽  
Dispute Resolution Process ◽  
Small Claims ◽  
The Law ◽  
Civil Cases

The development of legal relations in the economic and other civil sectors in community highly requires a faster and less costly dispute resolution process, especially in small civil disputes. In connection with this matter, Indonesian Supreme Court issued various Supreme Court regulations, including Regulation No. 2 of 2015 concerning Procedures for Completion of Small Claims. The issuance of this regulation was to resolve special civil disputes regarding the acts against the law. In a small claim court lawsuit, it is required that the plaintiff and defendant be in the same jurisdiction. The value of the material suit in a small claim lawsuit is at most IDR 200 million or equal to 13,811 USD. Furthermore, for a small claim examination and verification of a lawsuit, it is carried out in a small manner, where the period of completion is determined a maximum of 25 days from the first trial day to the decision.  

scholarly journals UPAYA PEMANGGILAN PAKSA OLEH BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) TERHADAP PELAKU USAHA YANG TIDAK HADIR DALAM PENYELESAIAN SENGKETA KONSUMEN

2018 ◽  
Vol 13 (1) ◽  
Author(s):  
Rai Mantili
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Law Enforcement Officers ◽  
The Rule Of Law ◽  
Descriptive Research ◽  
The Law ◽  
To Receive

One of the authorities of the Consumer Dispute Settlement Agency (BPSK) is to receive both written and unwritten complaints from consumers regarding the occurrence of violations of consumer protection. Article 52 Sub-Article g of the Consumer Protection Law (UUPK) au- thorizes BPSK to summon business actors who allegedly violate consumer protection. However, in practice in the field, BPSK is not authorized to force involuntary calling of business actors so that many business actors refuse to be present at consumer dispute resolution in BPSK. This research is Normative and Analytical Descriptive Research. In this case, it is a Nor- mative Legal Research in the form of research to find the Law of Concreto, the research to find the law for a case in concreto is an attempt to find out whether the appropriate law to apply in cocreto in order to solve a particular case and see the rule of law is found . This research will illustrate various legal issues and other symptoms related to cases concerning consumer protec- tion and BPSK Implementation of consumer protection law enforcement in practice is not yet fully fea- sible. It can be seen apart from awareness of the ability and independence of consumers to protect themselves against the rights and kewajibanya, also can be seen from law enforcement officers who have not performed optimally. efforts that can be made by BPSK after forced calling of business actors who refuse to attend the consumer dispute resolution can make a verdict verdict if the business actor is not present 3 times on the summons of the session by BPSK as stipulated in Article 52 UUPK and Kemendag. 35/2001.

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