E ISSN: 2583-049X
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International Journal of Advanced Multidisciplinary Research and Studies

Volume 4, Issue 2, 2024

The Principle of Reverse Evidence in Dispute Resolution as Stated in the Provisions of Article 28 of the Consumer Protection Law



Author(s): Mauliddin, Fendi Setyawan, Moh Ali

Abstract:

In civil procedural law, the general principles of evidence assign the burden of proof to the plaintiff and defendant. However, disharmony with the principle of reverse evidence in resolving consumer disputes creates complexity, requiring harmonization to maintain legal certainty and consumer protection. The purpose of writing this research is: First, to identify the legal basis or legal ratio for the use of the principle of reverse evidence in resolving disputes in accordance with Article 28 of the Consumer Protection Law. Second, to seek understanding regarding the legal certainty provided by the application of the principle of reverse evidence in resolving consumer disputes. This research applies normative legal research using three approaches, namely statutory, conceptual and comparative law. The research results show that Reversal of the burden of proof in civil law systems, such as in the Netherlands, is based on the assumption that manufacturers are automatically responsible for consumer losses, making it easier for consumers to prove the manufacturer's wrongful act. The importance of a clear understanding of the principle of reverse evidence through training and outreach is highlighted, while the involvement of third parties in dispute resolution is considered to balance power between consumers and business actors. The existence of education and assistance programs for consumers is considered key to increasing understanding of their rights. The existence of education and assistance programs for consumers is considered key to increasing understanding of their rights. It is recommended that future legal construction plans focus on increasing legal certainty and the principle of audio et alterem partem. In addition, it emphasized the importance of strict rules and clear prohibitions to prevent detrimental practices by business actors in order to provide more effective protection to consumers who are often vulnerable.


Keywords: Application, Principles of Evidence, Consumer Protection

Pages: 253-262

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