Consumer Disputes Research Articles

Peran Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Penyelesaian Sengketa Konsumen (Studi Kasus : Putusan BPSK Badung No.01/AP/BPSK/IV/2016)

Indonesia, with the fourth largest population in the world, is a large market share for business actors. However, this potential is not free from negative things where business actors often only make consumers the object of their business activities without paying attention to the quality of the products being marketed so that consumers suffer losses. Responding to this phenomenon, the Consumer Dispute Resolution Agency (BPSK) was formed as an alternative means of dispute resolution between Buyers and Sellers with the aim of resolving disputes between the two parties in an effective and efficient non-litigation manner. This organization is not systemic but has the function of resolving conflicts that occur between producers and buyers on a non-litigation basis. This research was conducted with the aim of describing the forms of consumer legal protection for business actors and the role of BPSK in resolving consumer disputes. The research method used in this paper was a normative legal research method. This research showed that consumer legal protection for business actors is regulated in article 1 number 3 Law No. 8 of 1999 regarding consumer protection which states that a business actor is an entire person or individual or a business entity based on law or not and the place to carry out these activities in the territory of the Republic of Indonesia. In addition, BPSK has a role in carrying out the process and resolving consumer conflicts through mediation, arbitration or conciliation with opportunities ranging from consumer protection consultations, supervision in the application of agreements, making reports to investigators if there are indications of legal violations, receiving complaints, conducting studies and analysis of conflicts that occurred, summoning the parties, witnesses and any individual who is aware of an incident of law violation.

Alternative dispute resolution (ADR) for consumer disputes in the Slovak republic

Abstract This paper aims to analyse alternative dispute resolution (ADR) for consumer disputes in the Slovak Republic according to Act No. 391/2015 Coll. on consumer alternative dispute resolution as amended. Through this act Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) has been transposed into Slovak law. Author of the paper used scientific methods of analysis, comparison, deduction, induction and synthesis. She tried to evaluate the application of consumer ADR by Slovak ADR entities, development of ADR between 2016 and 2019, current situation, and to provide conclusions and suggest changes for future.

PEMBATALAN PUTUSAN BADAN PENYELESAIAN SENGKETA KONSUMEN MELALUI PENGADILAN NEGERI

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.

PERLINDUNGAN HUKUM BAGI KONSUMEN E-COMMERCE MENURUT UNDANG – UNDANG NO.8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

Trading activities in the community have developed very rapidly. This is influenced by the development of trade using internet-based technology known as Electronic Transactions (e-commerce). E-commerce can be interpreted as trading on the internet. For this reason, this research will find out about the arrangements regarding consumer protection in Indonesia, the implementation of consumer protection in electronic transactions at PT.Solusi E-commerce Global and about the resolution of consumer disputes on electronic transactions at PT. Global E-commerce solutions. The study was conducted using a combination of normative legal research and sociological legal research. Sources and types of data used are primary data and secondary data. Data collection techniques use literature studies and also through direct interviews with relevant companies. The conclusion that can be drawn in this study is that based on Law No.8 of 1999 concerning Consumer Protection has provided guarantees and protection of consumer rights in Indonesia. PT.Solusi E-commerce Global as a business actor has contractual and statutory responsibilities towards consumers or clients and also guarantees the fulfillment of consumer rights as agreed in the contracts they have previously agreed upon and also as contained in the UUPK. So far, PT. Global E-commerce Solution has never faced a consumer dispute, and if there are only complaints from consumers, then it will be settled amicably by both parties at that time.

A mediação como política pública de resolução de conflitos nas relações de consumo

This paper addresses mediation as a public policy, examining communication as an important tool for conflict resolution in the area of consumer law. This study utilized bibliographic review with exploratory research and qualitative and quantitative approaches, such as public opinion research. Moreover, the target audience for the public opinion research project was made up of consumers in a municipality in the northwest region of the state of Rio Grande do Sul, Brazil. Furthermore, this study investigates important aspects of consumption, whilst exploring the role of communication as a pacific means of conflict resolution and analyzing its methods and concepts relevant to mediation. Finally, this study concluded that while mediation isn’t popular throughout the country, it is growing a steady user base for conflict resolution. Additionally, interviewees who utilize mediation as a mechanism for resolving consumer disputes, grade it more positively than other instruments in satisfaction scores.

MEDIATION OF CAR FINANCING OF ISLAMIC LAW PERSPECTIVE IN THE CONSUMER DISPUTE RESOLUTION AGENCY (BPSK) IN MATARAM CITY

Abstract: Consumer Dispute Resolution Agency (BPSK) has a role in protecting the rights of consumers when it appears, by completing the resolution of car financing through arbitration, conciliation and mediation. The objective of this research is to emphasize the mediation in car financing in Mataram, explained the causes of disputes arising in BPSK, explaining mediation in car financing in BPSK’s Mataram in perspective of Islamic law. This research conducted Qualitative research methods with a case approach. Settlement of the mediation in the financing of the car based on positive compensation in BPSK through requesting, meeting and termination of the Bank in the context of Islamic law prioritizing the rules of the car, based on the principles of compensation in BPS.Keywords: Mediation, Financing, Islam.

Penerapan Pre-Sale Disclosure sebagai Perlindungan Hukum Pembeli Bentuk Bisnis “Business Opportunity Ventures” Ditinjau melalui Undang-undang Republik Indonesia Nomor 8 Tahun 1999 tentang Perlindungan Konsumen

The form of business "Business Opportunity Ventures" that has developed in Indonesia has the same meaning as the franchise business form, but the two business forms are basically different. BO is regulated in the Business Opportunity Sales Law of 1995 by the Federal Trade Commission of the United States. Different forms of business certainly require different arrangements. This is motivated by the reason that the business forms that have not been regulated in a law are prone to fraud and injustice in the transaction process. buyers of this form of business. In this study using a normative juridical method with the statutory approach, conceptual approach, and comparative approach. Fraud and injustice received by BO Buyers can be done legally through the Consumer Dispute Settlement Agency as stipulated in the UUPK.

Efektivitas Pengawasan Badan Penyelesaian Sengketa Konsumen pada Pencantuman Klausul Baku di Provinsi Dki Jakarta

This thesis aims to determine the effectiveness of the supervision of BPSK in the inclusion of the raw clause in DKI Jakarta province. And how the regulation related to the supervision of the inclusion of the raw clause set out in the decree of the Minister of Industry and Trade No. 350/MPP/KEP/12/2001 on the implementation of duties and authorities of consumer dispute resolution bodies. The type of research used in this study is Yuridis empirical. It is an empirical approach to analyzing the extent to which a regulation or legislation or law is effectively in effect, In this case the approach can be used to analyze qualitative. The result of this thesis research shows that BPSK DKI Jakarta Province has not been able to play an active role in supervising the inclusion of the raw clause according to the duties and authorities because there is no regulation related to the technical rules of the supervision of the raw clause in consumer protection legislation. Although not optimal in conducting the supervision of the standard clause, in this case the assemblies of BPSK DKI Jakarta can only interpret the authority stated in the consumer Protection law regarding the supervision of the inclusion of the raw clause. Although it is still in the fumbling stage and learn from cases that have been disputed by consumers in conducting supervision of the standard clause.

Arbitration Clauses in Agreements Involving Consumers

Imperative provisions of Article 17 of the Law on the Protection of Consumer Rights of theRussian Federation and Article 29 of the Civil Procedure Code of the Russian Federationprovide the consumer with an option to file a lawsuit in court (at the location of therespondent organization, at his place of residence or at the place of residence, or at theplace of conclusion, or execution of the contract), despite the existence of a valid andenforceable choice of court consumer agreements. At the same time these provisions donot stipulate the question of whether the consumer has a similar opportunity if there is anarbitration clause in the agreement. The lack of the special rules governing the validity ofarbitration clauses with the participation of consumers in federal legislation led to a widerange of solutions to this issue in judicial practice, from the admissibility of incorporatingan arbitration clause in consumer agreements to the impossibility of considering thesedisputes by arbitration courts. The author critically evaluates the doctrinal positions onthe unacceptability of incorporating an arbitration clause in consumer agreements dueto the 2012 position of the Constitutional Court of the Russian Federation regarding thepossibility of choosing an alternative form of protection of rights by parties to a consumeragreement, Article 11 of the Civil Procedure Code, which allows to choose forms ofprotection of civil rights by applying to a court, arbitration court or arbitration court, as wellas provided for in Articles 45, 46 of the Constitution guarantees. At the same time, with thegeneral arbitrability of consumer disputes, the author justifies the need to establish specialrequirements for the validity of after the dispute arises. In connection with the absence inRussian legislation of special conditions for the validity of the arbitration agreement withthe participation of the consumer, the author explores the possibility of evaluation of thearbitration agreement based on the more substantive provisions provided for in Article428 of the Civil Code.

PERLINDUNGAN KONSUMEN DALAM KEPAILITAN

This study aims to provide an explanation of the consumer protection process in the event that business actors experience bankruptcy and the process of dispute resolution between producers and consumers against producers who fall bankrupt in realizing consumer protection in accordance with positive legal provisions in Indonesia. This study uses a Juridical Empirical Method. The results obtained from this study are the process of resolving consumer disputes in the event that a business actor goes bankrupt based on positive law in Indonesia can be pursued using the litigation and non-litigation channels. Settlement through non-litigation channels is carried out by means of Mediation, Conciliation and Arbitration. The responsibility of the company / business actor towards consumers if the company has been declared a fraud, namely by paying compensation in accordance with a written agreement that has been agreed by both parties. This step was taken to achieve consumer protection.

PERTANGGUNGJAWABAN DOKTER DAN MODEL PENYELESAIAN PERKARA MALPRAKTIK MEDIK DI INDONESIA

There is an international tendency to divert medical dispute from the litigation model (in court settlement) to the out-of-court dispute models (out of court settlement) which leads to the win-win situation of the paradigm.
 This paradigm has actually started to be adopted in Indonesia only the implementation is still not encouraging. Law Number 36 Year 2009 on Health (Health Law) provides that disputes arising out of negligence of health personnel must be resolved through mediation (Article 29). This provision has not fully become the reference of the public and law enforcement officers related to the settlement of medical disputes in Indonesia. The tendency of patients in Indonesia to prosecute doctors through legal channels is still quite high. This is further exacerbated by the attitude of law enforcement officers who seem less concerned with the provisions of Article 29 of Law Number 36 Year 2009 on Health above.
 The application of mediation means in the dispute of medical disputes as required by article 29 of the Health Law faces a number of obstacles in the field. One of the obstacles is the lack of implementing regulations that explain how such mediation mechanisms should technically be run. There are a number of laws and regulations governing mediation such as Supreme Court Regulation No. 1 of 2008 on Mediation Procedures in Courts and Law No. 30 of 1999 on Arbitration and Alternative Dispute Settlement. Supreme Court Regulation No. 1 of 2008 regulates the court-annexed mediation while Law Number 30 Year 1999 regulates the arbitration and Alternative Dispute Resolution (ADR) institutions. In addition, there are also some institutions that perform mediation functions such as: Consumer Dispute Settlement Agency (BPSK), Ombudsman, and Badan Pengawas Rumah (RSB). All such institutions are deemed relevant for the settlement of medical disputes. It is thus quite confusing at the operational level.

Authority of Consumer Dispute Resolution Agency (BPSK) on Calling of Land Agency Makers (PPAt) in Dispute Resolution Through Mediation Outside the Court

The UUPK gives the authority to BPSK to summon witnesses in his trial. One of them is calling PPAT. Article 50 Permen ATR Number 2 Year 2018 concerning Development and Supervision of PPAT. PPAT called as witnesses can be given legal assistance in the investigation and / or expert testimony in court. The article only regulates legal assistance that can be given to PPAT in dispute resolution in court. There are no other articles that regulate summons or legal assistance for PPAT summons in resolving disputes outside the court. So there is a norm of emptiness. The problem is how is the authority of BPSK to call PPAT as a witness in dispute resolution through mediation outside the court and how is the obligation to keep the authentic PPAT deed confidential on dispute resolution through mediation outside the court. This study aims to analyze the authority of BPSK on the summons of PPAT as a witness in dispute resolution through mediation outside the court and analyze the obligation to keep PPAT authentic deeds confidential on dispute resolution through mediation outside the court. This research method uses normative juridical research methods. The approach used is the Legislative Approach, and Conceptual Approach. The results of this study are: First, the authority of BPSK to call PPAT as a witness in dispute resolution through mediation outside the court is an attribute authority granted by the UUPK as regulated in the provisions of Article 52 of the UUPK. Second, the obligation to keep an authentic PPAT deed in the resolution of disputes outside the court is a relative (relative) obligation, because the nature of the mediation trials outside the court is closed, confidential, consensual, collaborative. So, it does not cause conflicting interests. Keywords: BPSK, Authority, Witness, PPAT DOI: 10.7176/JLPG/98-06 Publication date: June 30th 2020

Muslim Food Consumer Protection Through The Regulation Of Halal Labels In Indonesia

The label is a tool to convey information about the products listed on the packaging. In addition to providing information about the product name, the label also provides information on the list of ingredients contained in the product, net weight, durability, value or usefulness of the product as well as information about halal. Objection is the main parameter in the product selection process. This provision makes limitations on food products to enter the Muslim market. This study aims to find out how is the form of legal protection for Muslim food consumers according to the applicable law in Indonesia and Muslim food consumer legal remedies if they feel disadvantaged due to violations of the halal label rules in Indonesia. This research is a Normative Law research through library research. Meanwhile, the normative juridical approach is used. Methods of approach through legislation (Statute Approach) and data sources through the technique of documentation and data analysis through qualitative descriptive. This article concludes that the form of legal protection for Muslim consumers was regulated through the Consumer Protection Act (UUPK) and other laws. Legal efforts by consumers through dispute resolution outside the court and within the court and through the Consumer Dispute Resolution Agency (BPSK).

Penyelesaian Sengketa Konsumen Di Lembaga Badan Penyelesaian Sengketa Konsumen (BPSK) Kota Samarinda

Consumer Settlement Board, known as BPSK is a non-structural institution to resolve the consumer dispute out of court, BPSK itself is housed throughout the County and City which membership consists of elements of the government, consumers, and businesses. The number of cases or consumer problems, especially in the city of Samarinda start from the taps, electricity, leasing, and banking always decorate the daily media, the not active of BPSK as an intermediary between the consumer and the business agent especially in East Kalimantan makes the settlement of consumer dispute is less effective because of inadequate or the lack of human resources and the reluctance of local governments to commit the funding. Thus, whether the implementation of dispute resolution itself is effective by consumers themselves through BPSK city of Samarinda.

Kewenangan Penyelesaian Sengketa Konsumen Lembaga Pembiayaan Antara Badan Penyelesaian Sengketa Konsumen (Bpsk) Dengan Lembaga Alternatif Penyelesaian Sengketa (Laps))

One of the government's efforts to resolve consumer disputes through non-litigation is through the Consumer Dispute Resolution Agency (BPSK). In addition, the Financial Services Authority (OJK) also mandates the establishment of institutions to resolve financial service sector consumer disputes, namely the Alternative Consumer Dispute Resolution Institute (LAPS). The study was conducted normatively. The study emphasizes the authority to resolve consumer disputes at financial institutions between BPSK and LAPS. The results show that BPSK has the authority to settle final consumer disputes, the authority exercised by BPSK is regulated in the Decree of the Minister of Industry and Trade of the Republic of Indonesia Number: 350 / MPP / Kep / 12/2001 concerning the Implementation of the Duties and Authorities of the Consumer Dispute Resolution Board and the Republic of Indonesia's Minister of Trade Regulation Indonesia Number 06 / M-DAG / PER / 2/2017 concerning the Consumer Dispute Resolution Board. It's just that the decisions issued by BPSK related to the case of financial institutions, especially those containing elements of the credit agreement are often canceled by the Supreme Court because BPSK considered not authorized to settle disputes that contained the agreement element. The authority of LAPS is regulated in POJK Number 1 / POJK.07 / 2014 concerning Alternative Institutions for Settlement of Financial Services Sector Disputes. LAPS divides financial services sector dispute resolution institutions into 6 institutions, the establishment of which is carried out by the OJK in collaboration with Financial Services Institutions. LAPS which has the authority to settle consumer financing company disputes is BMPPVI (Indonesian Ventura Medication, Financing, And Capital Mediation Agency).

MENINJAU KEMBALI PENYELESAIAN SENGKETA KONSUMEN DI INDONESIA : ASPEK KELEMBAGAAN DALAM RANGKA TERCAPAINYA KEPASTIAN HUKUM

<p>Due to the upward trends of business transaction both in conventional and online basis, it is deemed necessary to find an effective ways to settle disputes in the event of a losses to the consumers.In general, consumer disputesinvolve small amount of lossand complaint filed by the consumers for material compensation. In Indonesia, consumer disputeresolutionis carried out not only by the Consumer Dispute SettlementBody (BPSK)but also throughthecourts. Recently,there are manynewly-established consumer disputesettlement institutions.A quick, simple,<br />and low-cost consumer dispute mechanism isneeded to cope with Indonesian economic growth by accelerating the time of a dispute settlement (time efficiency). The purpose of this research is find out how consumer disputes are resolved in Indonesia and legal discource in the frame work oft he consumer’s disputere solution which have lawcertainty.it can be concluded that the plurality<br />of consumer disputesettlement in Indonesia has ledtoconvoluted mechanisms and procedures in settling disputes. Dispute settlement through Badan Penyelesaian Sengketa Konsumen/Consumers Dispute Settlement Agency (BPSK) is not final and binding. Through this article, it is recommended<br />to utilise Small Claims Procedures that combines informal and formal mechanisms in order to achieve legal certainty in the settlement of consumer disputes in Indonesia.</p>

Perlindungan Terhadap Konsumen Dalam Jual Beli Rumah Melalui Developer di Kota Denpasar

<p>The results of research entitle the protection of consumers in buying and selling houses through developers in Denpasar is only limited on minor damages when the guarantee given by the developer, in the case of buying and selling houses through developers in Denpasar concerning the issue of consumer rights both safety, comfort and security in occupy housesthat are purchased through the Developer. As for the resolution of the problem between the developer and the<br />consumer in Article 52 of Law Number 8 of 1999 concerning Consumer Protection and the absence of a settlement in the court institution. In the empirical level, the solution is choosing a consensus and if there is no agreement between the two parties, then asking help from the Notary as the mediator is needed. The constraints faced by developers and consumers in resolving disputes of law No. 8 of 1999 concerning consumer protection, namely the constraints faced by socio-juridical namely due to the lack of understanding of consumers and developers toward the existence of the Consumer Protection Act, andthe lack of socialization in the community about the existence of the Consumer Protection Act. In this case, the non-juridical constraints due to<br />the lack of human resources, both those that are on the developer and the consumers, beside that the facilities and devices do not support it. Therefore, the efforts would be made in order to be able to resolve the problem of housing consumer dispute in Denpasar. Another obstacle is the lack of consumers’ aspirations in choosingthe resolution ofthe consumer dispute until the judicial<br />route. The efforts that is made both by developers and consumers in dealing with obstacles in the settlement of buying and selling houses through developers, namely: legal protection for the people. It is divided into 2, Preventive Efforts (Preventive) and Refressive efforts.</p>

Recunoașterea puterii din oficiu a judecătorului în litigii de consum

"In consumer dispute, litigation most of the time brings together a professional and a consumer who very often does not appear or appear alone in front of the judge, but does not really defend himself. The temptation of some judges here is to come to the aid of the party who does not appear or who does not defend himself well and therefore to apply the consumer protection rules ex officio. On this point, French and European case law has long been contradictory. In order to harmonize national law with European law, the French legislator confers to the judge the power to apply ex officio the provisions of the Consumer Code by means of the ex officio statement. The effectiveness of European consumer law, both protecting consumers and regulating the market, justifies the creation of an autonomous procedural law rather than an instrumentalisation of the ex officio recording of legal remedies. In these circumstances it is important to see the evolution of the recognition of the power of the judge ex officio, on the one hand, from the denial of said power to the faculty to do so (§ 1st) and, on the other hand, the power to waive ex officio the obligation to do so (§ 2nd)."

Research on Internet Financial Consumer Rights Protection in China

Along with the rapid development of Internet finance in China, the irregularities in Internet finance industry has violated the Internet financial consumer rights at many levels. Learning from domestic and foreign experience, the improvement on the legislation on Internet finance, the financial supervision system and the Internet financial consumer dispute resolution mechanisms should be achieved, so as to enhance the protection of Internet financial consumer rights.

The Difficult Path of the Implementation of Directive 93/13/EEC in Poland, as Illustrated by the Example of the Consumer Dispute with the Banking Sector Concerning Housing Loans Indexed to the Swiss Franc in 2013–2019

This article outlines the long and difficult path of implementing Directive 93/13/EEC in Poland in the context of Swiss franc housing loan disputes. It elaborates on the initial problem of mass inclusion of abusive provisions in loan contracts, the essence of such disputes as well as the main issues raised by borrowers against banks, and continues with a discussion of grounds for abusiveness of indexation clauses in the decisions of Polish courts, the consequences of finding indexation clauses abusive (according to court decisions), and the question of invalidity of the contract. In summary, the article concludes that the 20⁠s of the 21st century should be a time of realistic and practical implementation of the provisions of Directive 93/13 in Poland - i.e., a century that conforms to the ‘spirit’ of European law.