scholarly journals Kewenangan Badan Penyelesaian Sengketa Konsumen (BPSK) dalam Menyelesaikan Sengketa Asuransi Pasca Keluarnya Peraturan Otoritas Jasa Keuangan (OJK) Nomor 1/POJK.07/2014

2019 ◽  
Vol 12 (2) ◽  
pp. 102
Author(s):  
Wisnu Kumala ◽  
Yaswirman Yaswirman ◽  
Ulfanora Ulfanora
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Research ◽  
Research Results ◽  
Consumer Protection Act ◽  
Legal Effect ◽  
Legal Consequences

There is a tug of authority in resolving insurance disputes outside the court between the Consumer Dispute Settlement Agency (BPSK) based on Law Nomor 8 of 1999 concerning Consumer Protection with Alternative Dispute Resolution Institutions (LAPS) based on Financial Services Authority Regulation Number 1/POJK.07/2014. This encourages the author to conduct legal research in order to determine the authority of BPSK in resolving insurance disputes as well as the legal consequences of the decision after the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014 using the statutory approach. This legal research results in the finding that BPSK is still authorized to settle insurance disputes following the issuance of the Financial Services Authority Regulation Number 1/POJK.07/2014, this is based on the provisions of the Lex superior derogat legi inferiori principle. Then there is no legal effect on the BPSK decision after the issuance of the Financial Services Authority Regulation. This is because BPSK's decision has been based on Law Number 8 of 1999 concerning Consumer Protection, whose position is higher than the Regulation of the Financial Services Authority. So there is no need for BPSK to follow the provisions of the regulations whose hierarchy of legislation is lower than the Consumer Protection Act. Therefore BPSK's decision is "final and binding" as explained in Article 54 paragraph 3 of the Consumer Protection Act.

scholarly journals KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM MENANGANI SENGKETA ANTARA PT. SINAR MENARA DELI DENGAN SARI ALAMSYAH

2019 ◽  
Vol 2 (2) ◽  
pp. 392
Author(s):  
Samuel Samuel ◽  
Siti Nurbaiti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Dispute Settlement ◽  
Secondary Data ◽  
District Court ◽  
Primary Data ◽  
Legal Research ◽  
Consumer Protection Act ◽  
The Law ◽  
The Republic

In principle, the resolution of consumer disputes can be pursued peacefully. through an alternative mediation dispute resolution. In Law Number 8 of 1999 concerning Consumer Protection and Regulation of the Minister of Trade of the Republic of Indonesia Number 6 / M-DAG / PER / 2017 concerning the Consumer Dispute Settlement Body does not impose limits on the authority of BPSK in handling and adjudicating a consumer dispute. However, in reality many times the decisions of the Consumer Dispute Settlement Body (BPSK) are submitted to the district court and stated that BPSK is not authorized to handle such disputes. How is the authority of the Consumer Dispute Resolution Board in handling disputes between PT. Sinar Menara Deli and Sari Alamsyah are the issues discussed. The method used in this research is descriptive normative legal research, using secondary data and primary data as supporting data with the law approach. The results of the study illustrate that BPSK is not authorized to handle disputes between PT. Sinar Menara Deli with Sari Alamsyah, because the business actors in this dispute have submitted a refusal to be resolved through BPSK and not achieving the requirements for consumer disputes. It is recommended that BPSK members pay more attention to the provisions in the Consumer Protection Act and other regulations concerning the Consumer Dispute Settlement Body.

scholarly journals TANGGUNG JAWAB PELAKU USAHA TERHADAP KONSUMEN DALAM HAL TERJADINYA SHORTWEIGHTING DITINJAU DARI UNDANG-UNDANG RI NO 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN

2017 ◽  
Vol 6 (4) ◽  
pp. 521
Author(s):  
Ni Komang Ayu Nira Relies Rianti
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Issues ◽  
Legal Research ◽  
Actual Weight ◽  
Settlement Of Disputes ◽  
Sales Practice

Shortweighting is one of the selling practices of goods that harm consumers. Where the actual weight of the item is less than the weight indicated on the goods packaging label. Clearly, consumers are severely disadvantaged as a result of changes in the goods made by businessmen. With The result that consumers get goods that are not in accordance with the conditions and the promised warranty or stated in the label. The legal issues in this writing is 1. How is the liability of businessmen to consumers in the case of shortweighting reviewed by Law No. 8 of 1999? and 2. What kind of dispute settlement efforts that can be taken by the consumer in case of shortweighting? This research is normative legal research. The conclusion of this study is that the businessmen is to be responsible if proven to occur sales practice shortweighting. It is contained in Article 19 of Law No. 8 of 1999 on Consumer Protection. The legal efforts to resolve disputes that can be reached by consumers can be through 2 (two) ways of settling disputes, outside the court or alternative dispute resolution and settlement of litigation. The settlement of disputes outside the court can be through the settlement of disputes solved by deliberation by the parties and could be through the Indonesia Consumer Dispute Settlement Institution (BPSK). Shortweighting adalah salah satu praktek penjualan barang yang merugikan konsumen. Dimana berat barang yang sebenarnya adalah lebih kecil dari berat yang tertera pada label kemasan barang. Jelas sekali bahwa konsumen sangat dirugikan akibat adanya perubahan barang tersebut yang dilakukan oleh pelaku usaha. Sehingga konsumen mendapatkan barang yang tidak sesuai dengan kondisi dan jaminan yang dijanjikan atau yang dinyatakan dalam label. Rumusan masalah dalam penulisan ini adalah 1. Bagaimanakah tanggungjawab pelaku usaha terhadap konsumen dalam hal terjadinya shortweighting ditinjau dari Undang-Undang Nomor 8 Tahun 1999? dan 2. Apakah upaya penyelesaian sengketa yang dapat ditempuh oleh konsumen bila terjadi shortweighting? Jenis penelitian yang digunakan adalah jenis penelitian hukum normatif. Kesimpulan dari hasil penulisan penelitian ini  bahwa pelaku usaha bertanggung jawab apabila terbukti terjadi praktik penjualan shortweighting. Hal tersebut tertuang dalam Pasal 19 Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Upaya penyelesaian sengketa yang dapat ditempuh konsumen dapat melalui 2 (dua) cara yaitu penyelesaian sengketa diluar pengadilan dan penyelesaian litigasi. Penyelesaian sengketa di luar pengadilan yaitu bisa melalui penyelesaian sengketa secara damai oleh pahak pihak sendiri dan bisa melalui Badan Penyelesaian Sengketa Konsumen (BPSK).

scholarly journals Forms of consumer protection

2021 ◽  
Vol 59 (3) ◽  
pp. 227-267
Author(s):  
Dragan Vujisić ◽  
Milan Rapajić
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Alternative Dispute Resolution ◽  
Administrative Procedure ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Judicial Protection

The authors point to the plurality of forms of consumer protection. Private law form of consumer protection is individual protection in civil proceedings. The protection of the collective interests of consumers in most European legal systems is achieved through litigation. The Consumer Protection Act entrusts the protection of the collective interests of consumers to administrative bodies, which is realized in administrative proceedings, whose rules are characterized by considerable differences in relation to the rules provided by the Law on General Administrative Procedure. A significant unit is dedicated to the mechanism of alternative dispute resolution, especially arbitration and mediation. The shortcomings of the Law on Consumer Protection regarding certain contradictory provisions are pointed out. The legislator stimulates alternative dispute resolution, and on the other hand stipulates that contracting one of these methods does not affect the right to judicial protection. The paper also analyses the inspection.

scholarly journals EFISIENSI PEMILIHAN ALTERNATIF PENYELESAIAN SENGKETA DALAM PENYELESAIAN SENGKETA WARALABA

FIAT JUSTISIA ◽  
2017 ◽  
Vol 10 (3) ◽  
Author(s):  
Rahmi Yuniarti
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Business Continuity ◽  
Legal Research ◽  
Descriptive Research ◽  
Business Contract

AbstractFranchise as a business contract between franchisor and frachisee which in the practice sometimes leads to a dispute. A dispute happens because their rights and obligations are not met. Dispute settlement businesses can choose a judiciary or non-judiciary institution. However, considering of the business continuity, the dispute must be resolved so each side can fulfill their needs to solve the dispute. The problems in this study are the factors that can arise disputes franchise and the efficiency of selecting alternatives of dispute resolution to resolve the dispute franchise. This type of the research used by the researcher is a normative legal research. This type of research is a descriptive research. The conclusions of this study are the factors that cause disputes franchise is the existence of rights and obligations are not met and fulfilled, and it happens mostly because the oversight and discontinuance of the franchise that are assumed not giving advantages or inflicting one of the parties. Moreover, there are possibilities of not keeping promises which have been decided before. Keywords: Alternative Dispute Resolution, Franchise Dispute AbstrakWaralaba sebagai suatu kontrak bisnis antara franchisor dan frachisee dalam pelaksanaannya tidak sedikit yang menimbulkan suatu sengketa. Suatu sengketa muncul dikarenakan adanya hak dan kewajiban yang tidak terpenuhi. Penyelesaian sengketa bisnis dapat memilih lembaga pengadilan atau lemabaga non-peradilan. Namun, dengan pertimbangan akan kelanjutan bisnis yang dijalani alternatif penyelesaian sengketa dianggap lebih dapat menyalurkan keinginan para pihak untuk menyelesaiakan sengketa bisnis. Permasalahan pada penelitian ini adalah faktor-faktor yang dapat menimbulkan sengketa waralaba dan efisiensi pemilihan alternatif penyelesaian sengketa untuk menyelesaikan sengketa waralaba. Jenis penelitian yang digunakan penulis dalam penelitian ini adalah bersifat penelitian hukum normatif. Tipe penelitian ini adalah penelitian deskriptif. Simpulan dari penelitian ini, faktor-faktor yang menyebabkan timbulnya sengketa waralaba adalah adanya suatu hak dan kewajiban yang tidak terpenuhi dan paling banyak terjadi dikarenakan pengawasan dan pemutusan hubungan waralaba yang dianggap merugikan salah satu pihak. Selain itu, ketidakpastian karena ada kemungkinan tidak ditepatinya janji serta risiko permintaan yang tidak sesuai dengan yang direncanakan. Kata Kunci: Penyelesaian Sengketa, Sengketa Waralaba

scholarly journals Pertanggungjawaban Hukum Praktik Tukang Gigi Yang Melebihi Wewenangnya

2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Devi Dharmawan ◽  
Ivonne Jonathan
Keyword(s):  
Consumer Protection ◽  
Health Personnel ◽  
Criminal Code ◽  
Legal Research ◽  
Is Research ◽  
Consumer Protection Act ◽  
The People ◽  
The Law ◽  
The Right ◽  
Legal Consequences

Background: The public's lack of understanding of the different professions of dental artisans, dental technicians, and dentists has an impact on the practice that exceeds the authority carried out for years without any legal consequences borne by dental artisans. Although the regulations concerning work that can be done by dental artisans have been clearly explained in Permenkes No. 39 of 2014 this is still violated by dental artisans. In this case, the people are victims because of ignorance and high local wisdom in certain areas. Method: This study uses a type of normative juridical legal research. Normative legal research is research that focuses its study by viewing the law as a whole system rule which includes a set of principles, norms, and rules of law, both written and unwritten. Results: Giving the right to claim compensation to the patient is an effort to provide protection for each patient for a result that arises both physically and non-physically due to a mistake or negligence by health personnel. Conclusion: Dental workers can be charged with the Criminal Code article 359, 360, 361, namely whoever is due to his mistake (negligence) causes other people to be injured, severely disabled, or even die. In addition, the Consumer Protection Act No.8 of 1999 Article 4 of the Consumer Protection Law has the right to comfort, security and safety in consuming goods and/or services that can be used.

scholarly journals JURIDIS ANALYSIS OF CONFLICT COMPETENCY OF BUSINESS DISPUTE SETTLEMENT THROUGH ARBITRATION AND GENERAL JUSTICE IN STOCK OWNERSHIP

2018 ◽  
Vol 9 (1) ◽  
Author(s):  
Edi Prayitno ◽  
Martin Roestamy
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
District Court ◽  
Court Decisions ◽  
Legal Research ◽  
Actual Case ◽  
Arbitration Clause ◽  
Investment Agreement

This Thesis was written based on the result of legal research that analyzes conflict of business dispute resolution between arbitration and litigation in accordance with the applicable regulation and court decisions which have acquired permanent legal force. The method used in this legal research is normative legal methods. The study of literature as a basis of the research and according to Law Number 30 Years 1999 about Arbitration and Alternative Dispute Resolution, in Article 3 and Article 11 of the Law have expressively stated that District Court does not have the authority to adjudicate disputes between the parties that bound by the arbitration agreement. The result of this legal research is that arbitration clause as stated in business investment agreement that should be absolute competencies to resolve the dispute, but the Decision of District Court Judges which have been strengthened by Supreme Court of Indonesia expressively stated that the court has the authority to check and adjudicate the dispute even it has arbitration clause or arbitration agreement with the reason that the dispute is a tort and there are another parties beside the party who sign the Investment Agreement, in the suit. The court attitude that adjudicate the dispute with arbitration clause lead to conflict of competency and never ending adjudication process of business dispute. From the actual case that researcher has been analyzes, researcher suggest that Supreme Court of Indonesia as the highest judicial body must respect arbitration body by rejecting all of the civil cases that have arbitration clause on its agreement. Law Number 48 Years 2009 about Judicial Power stated that non-litigation dispute resolution is conducted through arbitration or alternative dispute resolution. Based on pacta sun servanda and choice of forum principles on the agreement binding to the parties and must be obeyed by the parties.KeyWord : : Arbitration Clause, Pacta Sun Servanda Principle, Business.

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

scholarly journals INTEGRATED ALTERNATIVE DISPUTE RESOLUTION INSTITUTIONS IN THE FINANCIAL SERVICES SECTOR: DISPUTE RESOLUTION EFFORTS IN CONSUMER PROTECTION FRAMEWORK

2021 ◽  
Vol 10 (1) ◽  
pp. 32
Author(s):  
Lastuti Abubakar ◽  
Tri Handayani
Keyword(s):  
Dispute Resolution ◽  
Consumer Protection ◽  
Financial Services ◽  
Alternative Dispute Resolution ◽  
Services Sector ◽  
Financial Services Sector ◽  
Legal Implications ◽  
Legal Perspective ◽  
Analytical Research ◽  
Financial Technology

<em>This study examines and analyzes the legal implications of strengthening the integrated Alternative Dispute Resolution Institutions in the Financial Services Sector regulations. This study applies a normative juridical approach with descriptive-analytical research specifications. The data are analyzed using qualitative juridical analysis. Results show that: an Integrated Alternative Dispute Resolution Institutions in the Financial Services Sector is a dispute resolution institution that is in accordance with the characteristics of the financial services sector as an agent of trust and prioritizes consumer protection. It is expected that consumer dispute resolution is faster, cheaper, and fairer for both Business Actors and the consumers; strengthening of regulations on integrated ADR Institutions in the Financial Services Sector aims to create independent, fair, effective, and efficient dispute resolution capable of anticipating developments in the financial services sector that are increasingly complex from a legal perspective, the use of financial technology, and products/services across financial services sectors</em>

scholarly journals JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE

2018 ◽  
Vol 3 (1) ◽  
pp. 43
Author(s):  
Nita Triana
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Dispute Settlement ◽  
Islamic Law ◽  
Third Party ◽  
Second Step ◽  
Legal Research ◽  
Long Time ◽  
The Cost ◽  
Religious Courts

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research  and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution  of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator.  The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

scholarly journals Mediasi Sebagai Alternatif Penyelesaian Tindak Pidana Penganiayaan Ringan yang Dilakukan oleh Anak di Kabupaten Gianyar

2021 ◽  
Vol 2 (2) ◽  
pp. 339-345
Author(s):  
Dewa Gede Agung Getsumeda ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Secondary Data ◽  
Legal Regulation ◽  
Primary Data ◽  
Legal Research ◽  
Criminal Offenses ◽  
Peaceful Settlement ◽  
Legal Consequences ◽  
Laws And Regulations

For parties who wish to resolve disputes without trial or arbitration, alternative dispute resolution is an option. This choice is entirely dependent on the wishes of the disputing parties. There is a dispute between the two parties so that each party can choose the method used. This study aims to determine the legal regulation of minor maltreatment committed by children through mediation and to find out the legal consequences if minor maltreatment crimes committed by children are resolved through mediation. The type of research used is normative legal research. Primary data is obtained from field reviews while secondary data is obtained from articles, laws and regulations, from books. In addition to these provisions, minor violations that can be resolved through mediation are criminal acts which can be in the form of confinement or imprisonment for a maximum of 3 (three) months or a maximum of Rp. 7,500.00 (Seven thousand five hundred). Criminal offenses committed by children under 8 years. The conclusion of this study is that the legal consequences if the crime of minor maltreatment committed by children is resolved through mediation, including settlement through deliberation, peace and agreement of the perpetrator, victim and family so as to produce a win-win solution. A peaceful settlement is basically an agreement that the parties consider good from all other ways.

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