Construction of the Authority of the Consumer Dispute Settlement Agency in Indonesia
Nuzul Rahmayani (a*), Eman Suparman (b), Jawade Hafidz (c)
(a) Sultan Agung Islamic University, Semarang, Indonesia
email: nuzullaw05[at]yahoo.co.id
(b) Padjajaran University, Bandung, Indonesia
(c) Sultan Agung Islamic University, Semarang, Indonesia
Abstract
According to Article 49 paragraph (1) of Law Number 8 of 1999 concerning Consumer Protection, the Government forms a Consumer Dispute Settlement Agency (BPSK) in each Regency/City for the resolution of disputes between business actors and consumers outside the court. BPSK is a very strategic institution in consumer protection. However, there are a number of weaknesses in regulating the authority of the Consumer Dispute Resolution Agency that do not reflect the value of justice in society. For example, regarding the concept of consumer dispute resolution by choice; The BPSKs decisions are not final and binding. In addition, there were also a number of obstacles and problems related to the implementation of the authority of the BPSK, such as: there are still BPSK who accept disputes outside their relative authority; Implementation of the concept of arbitration at BPSK that is not in accordance with the concept of arbitration according to Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution; Cancellation of almost all BPSK arbitration awards by the Supreme Cour. This condition will certainly not make BPSK optimal in carrying out its role and function in the consumer protection system in Indonesia.
Keywords: Authority, Consumer Dispute Settlement Agency
Topic: Law