TINJAUAN YURIDIS KEWENANGAN BADAN PENYELESAIAN SENGKETA KONSUMEN DALAM PENYELESAIAN SENGKETA KONSUMEN (Studi Putusan Nomor 523 K/Pdt.Sus-BPSK/2020)

Abstract

The norms in consumer protection law are the consumer protection law
system as an "umbrella law" which becomes the criteria for measuring
allegations of violations of consumer rights, which were originally expected by
all parties to be able to provide solutions for resolving cases that arise. as the
implementation of the law. It turned out that in its application there was an
imbalance and caused confusion for the parties involved in the implementation
process, especially when the role of the court was entered in examining objection
cases to the Consumer Dispute Settlement decision which experienced many
obstacles caused by aspects related to the Civil Procedure Code. It must be
admitted that the regulation on Consumer Dispute Settlement authority is still
not well-organized because it is still here and there and causes problems both
from a theoretical and implementation perspective in the field.
This type of research can be classified as normative legal research,
because the research is conducted by examining library materials or secondary
data. The data sources used are primary data, secondary data, tertiary data,
data collection techniques in this study are normative law, data analysis using
descriptive analysis.
The results of the research conducted by the author are the authority of the
Consumer Dispute Settlement Agency based on Law Number 8 of 1999
concerning Consumer Protection, namely handling and resolving consumer
disputes which are carried out by means of mediation, consulation and
arbitration. Decision of the Supreme Court Number 523 K/Pdt.Sus-BPSK/2020
reviewed based on Law Number 8 of 1999 concerning Consumer Protection is
that the Consumer Dispute Settlement Agency as an institution mandated to
resolve consumer disputes outside the court does not carry out its duties and
authorities properly based on Law Number 8 of 1999 concerning Consumer
Protection because what is under the authority of the Consumer Dispute
Settlement Agency is an unlawful act, not a civil dispute.
Keywords: Juridical Review, Consumer Protection, BPSK Authority