Vol. 6, Issue 6 (2020)
Reconstruction of duties and authority of the consumer dispute resolution agency (BPSK) in resolving consumer disputes in Indonesia based on justice value
Author(s): Jaenudin Umar, Gunarto, Anis Mashdurohatun, Djunaedi
Abstract: The consumer dispute resolution in Indonesia are regulated by Law Number 8 of 1999 concerning Consumer Protection, this Law is expected to be able to resolve consumer disputes quickly, simply, at a low cost but in practice, it is still far from reality. This makes the author interested in examining the subject matter of what weaknesses arise in the implementation of the duties and authorities of the Consumer Dispute Resolution Agency (BPSK) in resolving consumer disputes and how to reconstruct it to better reflect a just law. The approach method in this research is sociological-judiciary, which is a research that emphasizes primary data taken in the field to then supported by secondary data, covering all laws and regulations relating to the dispute resolution process in general and in particular the resolution of consumer disputes by using progressive law to achieve social justice. The results of the study indicate that the weaknesses or problems that arise in resolving consumer disputes through BPSK, namely: a. weakness from the institutional or institutional side; b. Weaknesses in terms of funding; c. Weaknesses in terms of Human Resources. To be able to overcome this, legal instructions that are able to overcome the contradiction between the UUPK and Law no. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, because the UUPK makes a separate consumer dispute resolution rule, which is relatively different from the basic concept of the arbitration mechanism that is generally accepted so that consumer dispute resolution in Indonesia becomes better.