E ISSN: 2583-049X

International Journal of Advanced Multidisciplinary Research and Studies

Volume 3, Issue 5, 2023

Absolute Competence of Consumer Dispute Resolution Bodies in Resolving Consumer Disputes: Study of District Court Decision Number 16/Pdt.Sus-BPSK/2017/Pn Rap

Author(s): Ageng Darma Putra V, Edi Wahjuni, Yusuf Adiwibowo


The Consumer Dispute Settlement Agency (BPSK) was formed in order to provide an alternative forum for consumers who want to sue business actors on the basis of losses they have suffered. Along with the development of laws and regulations in Indonesia, an institution that has a similar role to BPSK was formed, the institution is LAPS-SJK (Alternative Dispute Resolution Institution in the Financial Services Sector). LAPS-SJK was formed through the Financial Services Authority Regulation Number: 61/POJK.07/2020 concerning LAPS-SJK. The presence of LAPS-SJK turns out to have implications for the sustainability of consumer protection law enforcement in Indonesia. The implication in question is the emergence of dualism between these two institutions in efforts to resolve consumer disputes, especially in the financial services sector. This study aims to know and understand the absolute competence possessed by BPSK in resolving consumer disputes in the current period. The research method used is normative juridical using a statutory approach and conceptual approach. Based on the results of this study, it is concluded that BPSK no longer has the authority to handle consumer disputes in the financial services sector with the issuance of POJK No. 61/POJK.07/2020. Ratio decidendi in the Rantau Prapat District Court Decision Number 16/Pdt.Sus-BPSK/2017/ Pn Rap is that the panel of judges stated that BPSK Batu Bara Regency does not have the authority to handle the dispute. The legal consequences arising from the issuance of the decision of the Rantau Prapat District Court Number 16/Pdt.Sus-BPSK/2017/Pn Rap for the authority of BPSK are legally prohibited from handling the dispute.

Keywords: Absolute Competence, BPSK, Consumer Disputes, Resolving

Pages: 281-286

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