scholarly journals PERANAN BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK) KOTA PAYAKUMBUH TERHADAP SENGKETA KONSUMEN

2019 ◽  
Vol 4 (2) ◽  
pp. 321
Author(s):  
Nedi Rinaldi
Keyword(s):  
Economic System ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Field Research ◽  
Secondary Data ◽  
Trade Regulation ◽  
Interview Techniques ◽  
Economic Control ◽  
The Republic

The Consumer Dispute Settlement Agency (BPSK) as a product of Law Number 8 of 1999 concerning Consumer Protection (UUPK) in conjunction with Decree of the Minister of Industry and Trade Number: 350/MPP/Kep/12/2001 concerning Implementation of Duties and Authorities of abbreviated Consumer Dispute Resolution Bodies BPSK and the Minister of Trade Regulation Number: 06/M-DAG/PER/2/2017, are institutions for resolving consumer disputes outside the court that should be part of efforts to protect consumers (end) categorized as weak when disputing with stronger business actors . The reality to date, BPSK still has many weaknesses and shortcomings. This condition is exacerbated by the growing strength of neoliberalism that affects the global economic system, which is realized or not has occurred in the strong economic control of business actors against the weak (consumers). This research is field research, namely field research with interview techniques to the parties involved that are directly related to the problem the author discussed, namely Payakumbuh City BPSK and aims to examine the efforts that can be done to optimize BPSK as an institution of consumer dispute resolution in outside the court that is fast, useful and meets the value of justice for the consumer community. This paper is based on a study of prime data and secondary data analyzed qualitatively. Based on the results of the study, efforts can be made to optimize Payakumbuh City BPSK which was formed in 2015 based on the Decree of the Minister of Trade of the Republic of Indonesia Number: 646 /M-DAG/Kep/4/2015, dated April 8, 2015 which can help consumers who feel disadvantaged by business actors.

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 Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals PELAKSANAAN MEDIASI PADA PENYELESAIAN PERCERAIAN DI PENGADILAN AGAMA KUNINGAN

2017 ◽  
Vol 4 (2) ◽  
pp. 98
Author(s):  
Fitri Purnamasari, Diding Rahmat Dan Gios Adhyaksa
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Secondary Data ◽  
Negotiation Process ◽  
Primary Data ◽  
Access To Justice ◽  
Literature Study ◽  
Thesis Writing

AbstractThe author conducted this research with the background of the implementation of Mediation in Kuningan Religious Court in Kuningan. The purposes of writing this paper are to know how the Implementation on Divorce Settlement in Kuningan Religious Court and to know the factors that affect the success of mediation in the Kuningan Religious Court. The method used in this research is with empirical juridical approach using primary data and secondary data and data collection techniques are interviews, observation and literature study. The results of this research are the mediation arrangements set out in the Supreme Court Regulation (PERMA ) Number 1 Year 2016 about Mediation Procedures in Courts and more specifically stipulated in the Decree of the Chief Justice Number 108 / KMA / AK / VI / 2016 on Mediation Governance at the Court. Mediation is the means of dispute resolution through the negotiation process to obtain agreement of the Parties with the assistance of the Mediator. Mediator is a Judge or any other party who has a Mediator Certificate as a neutral party assisting Parties in the negotiation process to see possible dispute resolution without resorting to the disconnection or enforcement of a settlement. Its implementation has been regulated in Law Number 1 Year 1974 about concerning Marriage, Compilation of Islamic Law, and Supreme Court RegulationNumber 1 of 2016 concerning Mediation Procedure in Court. The conclusion of this thesis writing is Mediation which should be one of the alternative process of dispute settlement which can give greater access to justice to the parties in finding satisfactory dispute settlement and to fulfill the sense of justice, and become one of the effective instrument to overcome the problem of case buildup especially for the case Divorce, in the end has not been effectively implemented.Keywords: Mediation, Divorce, Marriage.�AbstrakPenulis melakukan penelitian ini dengan latar belakang yaitu bagaimana pelaksanaan Mediasi pada Pengadilan Agama Kuningan. Tujuan penulisan ini untuk mengetahui bagaimana Pelaksanaan pada Penyelesaian Perceraian di Pengadilan Agama Kuningan dan untuk mengetahui bagaimana faktor-faktor yang memepengaruhi keberhasilan mediasi di Pengadilan Agama Kuningan. Metode yang digunakan dalam penelitian ini adalah dengan pendekatan yuridis empiris dengan menggunakan data primer dan data sekunder serta alat pengumpulan data yang digunakan melalui wawancara, observasi dan studi pustaka. Hasil penelitian ini adalah pengaturan mediasi diatur dalam Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dan lebih spesifik diatur dalam Keputusan Ketua Mahkamah Agung Nomor : 108/KMA/AK/VI/2016 tentang Tata Kelola Mediasi di Pengadilan. Mediasi adalah cara penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan Para Pihak dengan dibantu oleh Mediator. Mediator adalah Hakim atau pihak lain yang memiliki Sertifikat Mediator sebagai pihak netral yang membantu Para Pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian. Pelaksanaannya telah di atur dalam Undang-Undang Nomor 1 Tahun 1974 tentang Perkwinan, Kompilasi Hukum Islam, dan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Kesimpulan dari penulisan skripsi ini adalah Mediasi yang seharusnya menjadi salah satu alternatif proses penyelesaian sengketa yang dapat memberikan akses keadilan yang lebbesar kepada para pihak dalam menemukan penyelesaian sengketa yang memuaskan dan mmemenuhi rasa keadilan, serta menjadi salah satu instrumen efektif mengatasi masalah penumpukan perkara khususnya untuk perkara perceraian, pada akhirnya belum efektif dilaksanakan.Kata Kunci : Mediasi, Perceraian, Perdata

scholarly journals Tinjauan Yuridis Perlindungan Hukum Bagi Konsumen Terhadap Produk Obat-Obatan Ilegal (Studi Kasus : BPOM Medan)

2019 ◽  
Vol 1 (2) ◽  
pp. 121-128
Author(s):  
Muhammad Ridho Al Hasymi Daulay ◽  
Utary Maharani Barus ◽  
Rafiqi Rafiqi
Keyword(s):  
Consumer Protection ◽  
Dispute Settlement ◽  
Legal Protection ◽  
Field Research ◽  
Illegal Drug ◽  
Marketing Authorization ◽  
Business People ◽  
Drug Products ◽  
Consumer Protection Act ◽  
Library Research

Consumer protection aims to foster awareness of business people about the importance of consumer protection so that honest and responsible attitudes in the business grow. Medicines and food products are supervised by the Food and Drug Supervisory Agency or abbreviated as POM, which is in charge of overseeing the distribution of medicines and foods in Indonesia. The method used in this study is the method of Library Research and Field Research. Legal protection for consumers who use illegal drug products is by means of consumers being able to complain about their problems through litigation, this is explained in Article 45 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection and and non-litigation namely legal efforts outside the court can be through the Consumer Dispute Settlement Agency (BPSK) established and regulated in the Consumer Protection Act. The responsibility given by the Food and Drug Supervisory Agency (BPOM) to the community, namely the Food and Drug Supervisory Agency (BPOM), will take firm action against producers or business actors who circulate illegal drugs in this case drugs that do not have a marketing authorization (TIE), drugs, substandart, fake drugs, or expired drugs.

scholarly journals Executorial Strength of Deed of Peace in Civil Dispute Resolution in Indonesia

2021 ◽  
Vol 58 (1) ◽  
pp. 5179-5184
Author(s):  
Endang Hadrian
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Secondary Data ◽  
Comparative Law ◽  
Legal Research ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Remedies ◽  
Peace Settlement ◽  
Civil Dispute

Civil dispute resolution can be settled through peace institutions with the legal product in form of a deed of peace. However, this institution has not been used by many people even though it provides the civil dispute settlement the executorial strength faster. Thus, it offers no further legal remedies be it in the form of appeals and cassation. Practically, a deed of peace is known to have executorial strength. However, some parties pursue the legal effort despite the peace settlement in the form of the deed of peace. The optimization of the use of the peace institution with executorial strength is expected to solve the problems. This study employed normative legal research with the perspective of legal/ judicial focused on rules/norms of Civil Procedure Law and comparative law through legal principles. It is the study of legal rules which are the benchmarks to behave appropriately. This study was carried out on the norms and principles in the secondary data, which were found in the primary, secondary, and tertiary legal sources.  

scholarly journals Peran UD Rumah Adat Minang Selaku Produsen Makanan Ringan Dalam Perlindungan Hukum Terhadap Konsumen (Studi Kasus Di Usaha Dagang Rumah Adat Minang Medan)

2019 ◽  
Vol 1 (1) ◽  
pp. 65-77
Author(s):  
Hajijah Juliana Pulungan ◽  
Utary Maharani Barus ◽  
Zaini Munawair
Keyword(s):  
Consumer Protection ◽  
Food Production ◽  
Food Packaging ◽  
Government Regulation ◽  
Food Additives ◽  
Field Research ◽  
Food Labels ◽  
Legal Remedies ◽  
Library Research ◽  
The Republic

Food production activities or processes to be circulated or traded must meet the provisions regarding food sanitation, food additives, contaminated residues, and food packaging. Another thing that should be considered by everyone who produces food is the use of certain methods in food production activities or processes. This research method is library research and field research. Legal arrangements regarding the rights and obligations of business actors and consumers in Indonesia, are in accordance with Law No. 8 of 1999 concerning consumer protection, Law No. 23 of 1992 concerning Health, Law No.18 of 2012 concerning food and the Republic of Indonesia Government Regulation Number 69 of 1999 concerning Food Labels and Advertising The role and responsibilities of the Minang traditional house trade business as a producer. Consumers' legal remedies have been stated in Article 19 of Law No. 8 of 1999 concerning consumer protection. The process of resolution to consumers who complain through compensation with the same chips, by bringing proof of purchase of chips that are no longer suitable for consumption and proof of purchase receipt.

scholarly journals PENEMUAN HUKUM HAKIM MAHKAMAH KONSTITUSI DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 21/PUU-XII/2014.MK KASUS PROYEK BIOMEDIASI PT.CHEVRON BACHTIAR ABDUL FATAH

Yustitia ◽  
2018 ◽  
Vol 4 (2) ◽  
pp. 223-237
Author(s):  
Ujang Suratno
Keyword(s):  
Field Research ◽  
Secondary Data ◽  
Constitutional Court ◽  
Constitutional Rights ◽  
Joint Decision ◽  
Procedural Law ◽  
Library Studies ◽  
The Status ◽  
The Law ◽  
The Republic

Judicial authority in Indonesia is carried out by a Supreme Court and the Constitutional Court which has the authority to examine laws against the 1945 Constitution of the Republic of Indonesia and decide on the authority dispute of state institutions whose authority is granted by the 1945 Constitution of the Republic of Indonesia. The Constitutional Court in examining the Law against the 1945 Constitution became a polemic related to the prejudicial object which was finally answered through the decision of the Constitutional Court (MK) number 21 / PUU-XII / 2014. The Constitutional Court granted part of the application for corruption convictions in the case of PT Chevron Bachtiar's Abdul Fatah biomediation project, one of which examined the prejudicial object provisions which were polemic, especially after the South Jakarta District Court's prejudicial has canceled the status of suspect Commissioner Budi Gunawan (BG) by the KPK. This study is a legal research using a normative juridical approach and descriptive analytical research specifications. The data used in this study are secondary data consisting of primary, secondary and tertiary legal materials. Data obtained through library studies and field research in the form of legislation, books, journals, and authoritative electronic media. The results of this study are 2 (two) explanations, namely First, Constitutional Court Judges have made legal inventions by providing interpretations and limitations on what can be the object of prejudicial in criminal procedural law by testing it against the constitution and seeing whether the KUHAP Articles tested are contradictory with constitutional rights. Secondly, the Constitutional Court uses several interactive techniques used by member judges in decision number 21 / PUU-XII / 2014. In the joint decision, the judges used Authentic, Systematic, Grammatical, Historical, Extensively and sociological interpretation techniques. This can be seen in the decision of point one stating a phrase which means interpreting the law using grammatical techniques

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 The Failure of the Court to Protect Consumers: A Review of Consumer Dispute Resolution in Indonesia

2020 ◽  
Author(s):  
M. Syamsudin
Keyword(s):  
Decision Making ◽  
Dispute Resolution ◽  
Consumer Protection ◽  
Empirical Data ◽  
Dispute Settlement ◽  
Public Trust ◽  
Decision Making Process ◽  
Access To Justice ◽  
Entire System ◽  
The Public

Abstract Indonesia needs strong measures to protect its consumers, which leads to the creation of the Consumer Dispute Settlement Agency (BPSK) as an arbiter to settle disputes between consumers and businesses efficiently. The Indonesian Supreme Court (MARI) has set aside an alarming number of BPSK arbitral awards, putting the entire system in jeopardy. The aims of this study are to examine the empirical data on MARI’s decisions in setting aside arbitral awards and analyse their decision-making process. This research shows how MARI has been interpreting the statue promulgating the BPSK very narrowly. The result of MARI’s interpretation of the law has deep implications for consumer protection in Indonesia, namely that the public trust in the enforcement of Consumer Protection Law by BPSK has been severely diminishing, leaving consumers without meaningful access to justice or protection of their rights.

scholarly journals PERMASALAHAN DAN KENDALA PENYELESAIAN SENGKETA KONSUMEN MELALUI BADAN PENYELESAIAN SENGKETA KONSUMEN (BPSK)

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Kurniawan Kurniawan
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Protection System ◽  
District Court ◽  
Legal Certainty ◽  
Judicial Process ◽  
Voluntary Choice ◽  
Settlement Of Dispute

Consumer dispute can be resolved through on courts or outside the court based on voluntary choice of the parties. Settlement of dispute through the court provisions on the article 45. Dispute of the settlement can be solved out the court by using Consumer Dispute Settlement Body (BPSK).The purpose of establshing BPSK is to protec consumer and producer by designing consumer protection system that contain legal certainty and transparency the information. The existence of BPSK expected equality of justice especially to consumer that aggrieved by consumer. It because the dispute between consumer and producer generally involved in small value so that the consumer hesitate to registered his case to judicial process. There is no adequate between the court fee and indemnification perceived. The problems that the decision of BPSK has characteristic final and binding however it can be carried out to the district court and the decision cannot be executed directly or realized.  Keywords: consumers right, consumer’s protection, dispute resolution. 

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