TINJAUAN YURIDIS LEGAL STANDING TERHADAP LEMBAGA PERLINDUNGAN KONSUMEN SWADYA MASYARAKAT (Studi Kasus Nomor Perkara 0931/Pdt.G/2015/Pa.Jmb)

Helfi Adilah, Hayatul Ismi, Riska Fitriani

Abstract


The Consumer Protection Agency of Swadya Society is an institution that
was established to help Indonesian consumers in struggle for the rights of
consumers who have been harmed by the businesses offender, with litigate to the
court when deliberations between the two sides cannot be solved properly. In Act
No. 8 of 1999 about consumer protection, describes Consumer Protection Agency
of Swadya Society have legal standing in filing a lawsuit, but in practice judge
have consideration to the Consumer Protection Agency of Swadya Society has no
legal standing in filing a lawsuit to the court. It’s certainly make some question
about legal standing of Consumer Protection Agency of Swadya Society. The
purpose of this thesis about : first, to analysis legal standing of Consumer
Protection Agency of Swadya Society. Second, to analysis the judgement about the
legal standing of Consumer Protection Agency of Swadya Society.
The type of this research can be classified in types of juridical normative
research, because in this research the authors use the study material libraries like
official documents, books for research, in this study, the data source using the
primary data, secondary data and tertier data, data collection technique on this
research is study of librarianship method or documentary studies.
The results of this research can be concluded first, based on act No. 8 of
1999 about consumer protection, Consumer Protection Agency of Swadya Society
can filing a lawsuit to the Court because the act explained Consumer Protection
Agency of Swadya Society can filing a lawsuit to the Court for the benefit of
consumers and the notion of consumers has been regulated in section 1
paragraph (2) of act No. 8 of 1999 about Consumer Protection. Second, the
judgements adjudication Number 0931/PDT. G/2015/PA.Jmb has not fulfilled
legal certainty because inaccurate of the judges in deciding the case and
inattention on the regulation about Consumer Protection Agency of Swadya
Society.Author's suggestion, first, expected judges who adjudicate the case of
consumer protection must pay attention to the applicable regulation especially
about legal standing of Consumer Protection Agency of Swadya Society.
Secondly, needed regulation about the lawsuit mechanism of legal standing to
create legal certainty.
Keyword : Legal Standing - Consumer Protection Agency of Swadya Society

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