Proceedings of the First International Conference on Technology and Educational Science, ICSTES 2018, November 21-22 2018, Bali, Indonesia

Research Article

Implementation of Reversal Burden of Proof Principle at Consumer Dispute Settlement Agency (BPSK) as a Legal Protection Effort for Consumers

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  • @INPROCEEDINGS{10.4108/eai.21-11-2018.2282274,
        author={Yuyut Prayuti},
        title={Implementation of Reversal Burden of Proof Principle at Consumer Dispute Settlement Agency (BPSK) as a Legal Protection Effort for Consumers},
        proceedings={Proceedings of the First International Conference on Technology and Educational Science, ICSTES 2018, November 21-22 2018, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICTES},
        year={2019},
        month={3},
        keywords={reversal burden of proof; consumer dispute; bpsk},
        doi={10.4108/eai.21-11-2018.2282274}
    }
    
  • Yuyut Prayuti
    Year: 2019
    Implementation of Reversal Burden of Proof Principle at Consumer Dispute Settlement Agency (BPSK) as a Legal Protection Effort for Consumers
    ICTES
    EAI
    DOI: 10.4108/eai.21-11-2018.2282274
Yuyut Prayuti1,*
  • 1: Universitas Islam Nusantara
*Contact email: prayutiyuyut@gmail.com

Abstract

BPSK as an alternative solution for consumer dispute outside of court given an option for an individual consumer and businessmen in order to settle a dispute they have. BPSK is a non-structural foundation but the verdict they given is final and binding therefore possess the same legal force for a disputing individual to obey. According to article 1 paragraph (8) of the decision of Ministry of Industry and Trade number 350/MPP/KEP/12/2001 on the implementation of BPSK authority and duty, consumer dispute is a dispute between businessmen and consumer which demand a compensation from defect, defilement, or any other deprivation afflicted by consumer because of consuming an item or using services from the businessmen. In order to achieve truth and justice verification become a vital part of a dispute settling process. Prosecutor and defendant are given verification burden, however article 28 of UUPK manage verification burden especially about settling consumer dispute that in order to settle consumer dispute there is a verification about whether there is a mistake or not within a lawsuit of compensation is a burden and responsibility of a businessmen, this verification is called reversal burden of proof.