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

Maryanto Maryanto,Lathifah Hanim,Dini Amalia Fitri

doi:10.26532/ijlss.v1i2.17822

Maryanto Maryanto, Lathifah Hanim + Show 1 more

Open Access

https://doi.org/10.26532/ijlss.v1i2.17822

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Abstract

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.

Highlights

Settlement of consumer disputes by Badan Penyelesaian Sengketa Konsumen (BPSK) is resolved by means of conciliation or mediation or arbitration, which is carried out based on the choice and agreement of the parties concerned, and is not a gradual dispute resolution process (Article 4 of the Company Law)
Consumer dispute resolution is carried out in the form of an agreement made in a written agreement signed by the parties to the dispute, which is confirmed in the form of a BPSK decision (SK No 350/MPP/Kep/12/2001 concerning the Consumer Dispute Settlement Body Article 6)
Mediation is the process of resolving consumer disputes outside the court with the mediation of BPSK as an advisor and the settlement is left to the parties

Summary

Introduction

Through non-litigation or through institutions tasked with resolving disputes between consumers and business actors (in this case BPSK), or b. Settlement of consumer disputes by BPSK is resolved by means of conciliation or mediation or arbitration, which is carried out based on the choice and agreement of the parties concerned, and is not a gradual dispute resolution process (Article 4 of the Company Law).

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