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

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.

Employment Arbitration: The Repeat Player Effect

This article addresses employment arbitration, which is emerging as a controversial method for resolving disputes between employers and employees not represented by a union. Employment arbitration holds great promise as a dispute resolution process for employees who otherwise would never have a hearing on their claims against an employer. However, critics argue that mandatory arbitration is a new corporate tool used to advantage by large companies against consumers, employees, and other “little guys.” In particular, critics caution that in the absence of a union, the process is skewed against the employee, particularly the unrepresented employee. Some have expressed concern that, as institutional repeat players who will use the arbitration process for multiple cases, employers have an advantage over employees, who are unlikely to use it more than once or twice in their lifetimes. The article determines whether there is a measurable repeat player effect, examines possible explanations for its existence, and identifies policy issues for employment arbitration that are raised by the effect.

Don’t Shoot the Sheriff: the Threat of Legal Claims Against Arbitrators and Arbitral Institutions

While arbitrators and arbitral institutions should be held accountable if they act unlawfully or in bad faith, increasingly they also face serious legal attacks by parties dissatisfied with awards. These attacks often concern alleged lack of arbitrator independence and impartiality or violations of due process. These claims raise important issues concerning institutional and arbitrator immunity. In prolonging the dispute through collateral attacks, they can also undermine the finality and efficiency of arbitration as a dispute resolution process. Moreover, as parties’ conduct becomes more aggressive, such accusations may exacerbate ‘due process paranoia’. Finally, there is an obvious practical impact for arbitrators – particularly full-time arbitrators – who must be mindful of the risks and consider professional indemnity insurance, and for institutions who should address their own and their arbitrators' insurance position and generally be more transparent about the coverage that they provide. The article reviews some of the most recent claims against arbitrators and institutions alike to draw some lessons and propose concrete solutions to address the problem in future.

PENGATURAN PENYELESAIAN SENGKETA DALAM SISTEM PEER TO PEER LENDING

Penelitian ini mempunyai tujuan untuk memahami hubungan setiap pihak pada sistem Peer to Peer Lending secara hukum serta menganalisis pengaturan penyelesaian sengketa pada sistem Peer to Peer Lending. Metode pada penelitian ini yaitu penelitian yuridis normatif dengan mempergunakan pendekatan perundang-undangan dalam menganalisis isu hukum yang sumber hukumnya berasal dari bahan hukum primer, sekunder, serta tersier. Hasil pada penulisan ini menunjukkan bahwa belum terdapat pengaturan secara khusus terkait penyelesaian sengketa dalam sistem Peer to Peer Lending. Sengketa pada sistem tersebut membutuhkan proses penyelesaian sengketa yang cepat, mudah, serta terjangkau sehingga perlu dibentuk Lembaga Alternatif Penyelesaian Sengketa online yang khususnya menangani sengketa bisnis dengan sistem Peer to Peer Lending. This study aims to understand the relationship of each party in the Peer to Peer Lending system legally and to analyze dispute resolution arrangements in the Peer to Peer Lending system. The method in this research is normative juridical research using a statutory approach in analyzing legal issues whose sources of law come from primary, secondary and tertiary legal materials. The results of this paper indicate that there is no specific arrangement regarding dispute resolution in the Peer to Peer Lending system. Disputes in this system require a dispute resolution process that is fast, easy, and affordable, so it is necessary to establish an alternative online Dispute Resolution Institute which specifically handles business disputes with the Peer to Peer Lending system.

The Proliferation of Courts and Tribunals: Navigating Multiple Proceedings – 5th EFILA Annual Lecture 2019

Recognising that the settlement of international disputes has always been and continues to be characterised by its plurality, this lecture explores the different ways to achieve a coordinated dispute resolution process, with particular reference to investment disputes. Some of these means come into play at the time of the referral to the courts, thus preventing a situation of multiple proceedings from occurring. Others operate downstream of the referral, in order to coordinate the multiple proceedings arising from the same dispute. The lecture then concludes with an examination of the legal foundations underlying the use of these means.

Peran BPSK Dalam Menyelesaikan Sengketa Konsumen

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.

The Implementation of Supreme Court Regulations Number 1/2016 Concerning The Procedure of In-Court Mediation on Economy Sharia Dispute (A Case Study in Blitar Religious Court)

The sharia economic dispute resolution process in Indonesia has two paths which can be taken by litigants, namely litigation in court and non-litigation. This research was motivated by sharia economic dispute cases handled by Blitar Religious Court which were carried out through a mediation but failed. The failure of this mediation process and the factors behind the failure are important issues to be studied. Consequently, Supreme Court Regulation No. 1/2016 becomes important to be used as the basis of analysis, whether this regulation has been implemented or not. Therefore, this study aims to describe and analyze the implementation of the Supreme Court Regulation Number 1/2016 concerning the procedure of in-court mediation on economy sharia disputes in Blitar Religious Court, along with various obstacles and solutions.

PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI

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.

Through the Economic Cost of Discrimination: The Way forward for Women in the Somali Customary Justice System

The Constitution of Kenya guarantees the promotion of customary justice systems. However, in many cases, the dictates of customary law are often in contravention with the progressive attitude embodied in the Constitution. The Constitution guarantees the right to equal treatment of men and women in social, political and cultural spheres. However, women in the Somali customary justice system do not enjoy this right. Women in the Somali customary justice system have no locus standi before any dispute resolution process and they cannot oversee the resolution of disputes as this position is reserved for the elders, who can only be men. Through Gary Becker’s theory on the economics of discrimination, this paper establishes, through an economic lens, that there is a prevailing cost to the Somali community for failing to include women in the processes of the customary justice system. It suggests a way forward of promoting inclusivity in line with the characteristics of customary law.