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

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.

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Perlindungan Hukum bagi Pekerja Dengan Perjanjian Kerja Tidak Tertulis pada Perusahaan Pemberi Kerja

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3109.158-162 ◽

2021 ◽

Vol 2 (1) ◽

pp. 158-162

Author(s):

Robertus Berli Puryanto ◽

I Nyoman Putu Budiartha ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Research Method ◽

Dispute Settlement ◽

Industrial Relations ◽

Legal Protection ◽

Economic Activities ◽

Legal Research ◽

Work Relations ◽

Legal Remedies ◽

The Law ◽

The Republic

Labor is something that is needed by an employing company in carrying out its economic activities. This can be seen in the constitutional arrangements of the Republic of Indonesia in Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. In the implementation of the working relationship between workers and the employing company, there are several rights and obligations that must be fulfilled between the two parties. Because there are provisions regarding work agreements that are differentiated based on the form of the agreement, each worker has different rights where these rights must be guaranteed by the company based on law. From this, the problems that will be examined are legal protection for workers with an unwritten work agreement at the employing company, as well as legal remedies that can be taken by workers with an unwritten agreement in the event of a violation of rights by the company. The research method used is normative legal research, namely legal research conducted by examining existing library materials. By examining problems by looking at existing regulations, and describing problems that occur in practice or in everyday life in society. From the research conducted, it was found that legal protection for workers with an unwritten work agreement at the employing company is regulated based on Law Number 13 of 2003 concerning Manpower where the basis is that the applicable work agreement is an indefinite work agreement so that the rights obtained under the provisions of the law. Then efforts that can be made if there is a violation of the law in work relations is based on Law Number 20 of 2004 concerning Industrial Relations Dispute Settlement, namely in the form of Bipartite, Tripartite (Mediation, Consoliation and Arbitration) negotiations, as well as through Trials at the Industrial Relations Court.

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

Jurnal Hukum Adigama ◽

10.24912/adigama.v2i2.6538 ◽

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.

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

JUNCTO: Jurnal Ilmiah Hukum ◽

10.31289/juncto.v1i2.206 ◽

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.

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ASAS KESEIMBANGAN DALAM ALTERNATIF PENYELESAIAN SENGKETA HUBUNGAN INDUSTRIAL DI LUAR PENGADILAN

Era Hukum - Jurnal Ilmiah Ilmu Hukum ◽

10.24912/erahukum.v16i2.4530 ◽

2019 ◽

Vol 16 (2) ◽

Author(s):

Usak .

Keyword(s):

Dispute Resolution ◽

Dispute Settlement ◽

Industrial Relations ◽

Legal Protection ◽

Labor Disputes ◽

Balance Principle ◽

Industrial Labor ◽

The Creation ◽

The Law ◽

The Right

Industrial labor disputes between workers or workers and employers often occur as a result of mismatches of opinion and / or actions of both. Both disputes are usually preceded by violations of law and may occur not for violation of the law. For the right institution to resolve industrial relations disputes, if based on the principle of balance thinking is a deliberation to seek dispute resolution, the right institution is a non-litigation institution outside the court, without having to be brought to the Industrial Relations Court. To further ensure the creation of a balance principle for the parties in disputes in industrial relations disputes, according to Law no. 2 of 2004 on Industrial Relations Dispute Settlement, dispute settlement takes priority through negotiation to seek deliberation outside the consensus of the courts, this will create a balance principle for the position of the parties while providing legal protection for workers/laborers. In accordance with the legal matter, the purpose of this study is to examine alternative forms of realization of industrial relations dispute settlement outside the court as a reflection of the principle of equilibrium.

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

VYAVAHARA DUTA ◽

10.25078/vd.v13i1.528 ◽

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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PERJANJIAN BAKU DALAM JUAL BELI KREDIT SEPEDA MOTOR DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999

Jurnal Magister Hukum Udayana (Udayana Master Law Journal) ◽

10.24843/jmhu.2016.v05.i02.p09 ◽

2016 ◽

Vol 5 (2) ◽

pp. 337

Author(s):

Anak Agung Adi Lestari

Keyword(s):

Consumer Protection ◽

Legal Protection ◽

Legal Certainty ◽

Empirical Methods ◽

Business People ◽

Goods And Services ◽

Consumer Protection Act ◽

Legal Writing ◽

The Law

The title of this legal writing is standard agreemant in motorcycle sale-purchase credit based on Law No. 8 of 1999. This writing has a background on the development of technologies that helps humans more easily to fulfill the porpuse in their lives. This is about transportations means of motorcycle. The various types of vehicles to be marketed provide a portion of the position in the agreemant. One of the agreements can be seen in the field of motorcycle sale-purchases credit which become increasingly importantand a agreement is needed so that there is a legal certainty for the purchas. In a sale-pruchase agreement, there is a standard agreemant often used by business people to make a profit. In this case the party much involved with accountability is the consumer, i.e as and user of goods and services has a powerless position against the standard agreement given by the business people. In this case the business propietors are given the operating restriction and liability for losses suffered by consumers which are poured into the prevailing legislations. The method in this study used empirical methods. The legal protection on consumers in motorcycle sale-purchase credits is guided by the Law No. 8 of 1999, which regulates the rights and obligations of consumers and business people. The application of standard agreements in motorcycle sale-purchase credit must be in accordance with the Consumer Protection Act. Adapun judul penulisan hukum ini adalah perjanjian baku dalam jual beli kredit sepeda motor ditinjau dari Undang-Undang Nomor 8 Tahun 1999 . Penulisan ini memiliki latar mengenai perkembangan teknologi yang telah manusia semakin mudah memenuhi tujuannya dalam hidupnya. Hal ini mengenai alat transportasi sepeda motor. Adanya jenia-jenis kendaraan yang beraneka ragam dipasarkan, hal tersebut akan memberikan porsi kedudukan dalam perjanjian. Salah satu perjanjian dapat dilihat pada bidang jual beli kredit terhadap transportasi kendaraan sepeda motor semakin penting artinya suatu perjanjian diperlukan agar terdapat kepastian hukum terhadap jual beli. Dalam suatu perjanjian jual beli dikenal adanya perjanjian baku yang sering dipergunakan oleh pelaku usaha untuk memperoleh keuntungan. Hal ini pihak yang banyak terlibat dengan pertanggung jawaban adalah konsumen, yaitu sebagai pemakai terakhir barang dan jasa mempunyai kedudukan yang tidak berdaya menghadapi perjanjian baku yang di berikan oleh pengusaha. Dalam hal ini para pelaku usaha diberikan batasan serta tanggung jawab atas kerugian yang dialami oleh konsumen yang dituangkan kedalam peraturan perundang-undangan yang berlaku. Adapun metode pada penelitian hukum ini menggunakan metode empiris.Perlindungan hukum terhadap konsumen dalam jual beli kredit sepeda motor berpedoman pada Undang-Undang Nomor 8 Tahun 1999, yang mengatur tentan hak dan kewjiban konsumen dan pelaku usaha. Penerapan perjanjian baku dalam jual beli kredit sepeda motor harus sesuai dengan Undang-Undang Perlindungan konsumen.

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Disputes Settlement To The Measured Object Of The Returns Border Of National Land Agency Against A Neighbor's Boundary Objects In Tegal

Jurnal Akta ◽

10.30659/akta.v5i2.3084 ◽

2018 ◽

Vol 5 (2) ◽

pp. 337

Author(s):

Mohammad Irfan Rifai ◽

Anis Mashdurohatun

Keyword(s):

Dispute Resolution ◽

Dispute Settlement ◽

Human Life ◽

Legal Protection ◽

Sociological Approach ◽

The Social ◽

Difference Of Opinion ◽

The Law ◽

The Government

The land has an important role in human life because it is completely cannot be separated from land. The issue of the disputes of land boundary may cause a difference of opinion; the value of the interest regarding the layout, borders and vast areas of land that is recognized is the most issue that appears frequently in the Office of land Bordering Counties. The method of the approach that is used in this study is the juridical sociological approach. This approach was conducted to understand the law in the context of the society is a non-doctrinal approach. Through this approach, the object of the law will be meant as part of the social subsystem between the subsystems of the social subsystem-other dispute resolution borders against the border returns object, in the form of legal protection, for misusing of the follow- the Government is due to gross negligence at the time of measurement wide plots of land for the creation of a letter, then the measurement of legal protection used is the preventive protection of the law, the role of the national land Agency Chief Rules Based BPN No. 3 Of 2011 is about the management and treatment of Cases of land. The agreement or the consent of the parties concerned is essential in the framework of the implementation of dispute settlement returns the border of land ownership.Keywords: Returns the Border; National Land Agency; Dispute Resolution.

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Peran BPSK Dalam Menyelesaikan Sengketa Konsumen

YUSTISIA MERDEKA Jurnal Ilmiah Hukum ◽

10.33319/yume.v6i2.53 ◽

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.

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Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

ALHURRIYAH Jurnal Hukum Islam (ALHURRIYAH JOURNAL OF ISLAMIC LAW) ◽

10.30983/alhurriyah.v6i1.4097 ◽

2021 ◽

Vol 6 (1) ◽

pp. 78

Author(s):

Riska Fauziah Hayati ◽

Busyro Busyro ◽

Bustamar Bustamar

Keyword(s):

Dispute Resolution ◽

Dispute Settlement ◽

Legal Culture ◽

Analysis Framework ◽

Legal Structure ◽

Inhibiting Factors ◽

The Law ◽

Mediation Effectiveness

The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant. Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. Tulisan ini menemukan bahwa mediasi dalam penyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi dari tahun 2016 sampai 2019 belum efektif. Hal ini karena dipengaruhi oleh beberapa faktor. Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.

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

JURNAL MERCATORIA ◽

10.31289/mercatoria.v12i2.2748 ◽

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.

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