Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia

Research Article

Alternative Dispute Settlement Through The Consumer Dispute Settlement Agency in Realizing Consumer Protection in Accordance With Law Nomor 8 Of 1999 Concerning Consumer Protection

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  • @INPROCEEDINGS{10.4108/eai.6-5-2023.2333456,
        author={Fithry  Khairiyati and Evita Isretno Israhadi and Herman  Bakir},
        title={Alternative Dispute Settlement Through The Consumer Dispute Settlement Agency in Realizing Consumer Protection in Accordance With Law Nomor 8 Of 1999 Concerning Consumer Protection},
        proceedings={Proceedings of the 3rd International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2023, 6 May 2023, Salatiga, Central Java, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2023},
        month={7},
        keywords={alternative settlement consumer dispute settlement agency consumer protection},
        doi={10.4108/eai.6-5-2023.2333456}
    }
    
  • Fithry Khairiyati
    Evita Isretno Israhadi
    Herman Bakir
    Year: 2023
    Alternative Dispute Settlement Through The Consumer Dispute Settlement Agency in Realizing Consumer Protection in Accordance With Law Nomor 8 Of 1999 Concerning Consumer Protection
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-5-2023.2333456
Fithry Khairiyati1,*, Evita Isretno Israhadi1, Herman Bakir1
  • 1: Universitas Borobudur, Indonesia
*Contact email: fithry.khairiyati@gmail.com

Abstract

Competition between economic actors to get the maximum profit creates unhealthy competitive behavior to produce low-quality goods/services at low prices so that they can be consumed by most consumers. Therefore, to resolve disputes and protect consumers, the government established a Consumer Dispute Settlement Agency (BPSK). BPSK's decision in resolving consumer disputes is executorial in nature, but based on the provisions of article 57 UUPK, the Assembly's decision is requested under article 54 paragraph (3), to determine its implementation in the court where the aggrieved consumer is located. In other words, the BPSK decision has executive power, but its implementation is carried out by the District Court because only the court has execution power. Institutionally, BPSK does not have the authority to carry out executions, because BPSK is not a judicial institution. With the enactment of UUPK, aggrieved consumers feel protected and could complain about their problems by submitting alternative complaints to the Consumer Dispute Settlement Agency (BPSK). BPSK is expected to play an active role in leading efforts to protect consumers before and after litigation by not denying the rights of commercial actors and creating a level playing field between commercial actors and consumers that can create free competition and encourage national economic growth.